The National Executive Branch issued Decree of Necessity and Urgency No. 641/2020, published in the Official Gazette supplement on August 2, 2020. Through this regulation, the Executive Branch extended the quarantine from August 3 to 16, inclusive. The decree maintains the regimes established by previous regulations regarding the implementation of isolation and social distancing. The regulation reintroduces the ban on social gatherings nationwide.
Extension of the quarantine
Decree of Necessity and Urgency No. 641/2020 (the “Decree”), in force since August 2, 2020, extends the quarantine until August 16, 2020, inclusive. This regulation does not introduce any major changes compared to its predecessor, Decree No. 605/2020.
In this regard, the Decree maintains the quarantine modalities established by DNU No. 520/2020: (i) “mandatory social distancing (the “DISPO”)”; and (ii) “mandatory social isolation (the “ASPO”).”
In this regard, the Decree also made no changes to the implementation of these regimes. In this regard, we recall that in those areas where the DISPO is in force, People will be able to circulate within this department without obtaining a travel permit. However, only those involved in essential activities will be authorized to leave this jurisdiction. In this case, obtaining the corresponding travel permit will be required. Health measures (mandatory mask-wearing, distance of one and a half meters between people, etc.) remain in place.
Due to the spread of infections in different parts of the country, changes have been made to the current statewide regulations. Below is a list of the areas where the DISPO applies:
- All departments of the PROVINCE OF CATAMARCA
- All departments of the CHACO PROVINCE
- All departments of the CHUBUT PROVINCE
- All departments of the CÓRDOBA PROVINCE
- All departments of the CORRIENTES PROVINCE
- All departments of the ENTRE RÍOS PROVINCE
- All departments of the FORMOSA PROVINCE
- All departments of the LA RIOJA PROVINCE
- All departments of the MENDOZA PROVINCE
- All departments of the MISIONES PROVINCE
- All departments of the NEUQUÉN PROVINCE
- All departments of the RÍO NEGRO PROVINCE
- All departments of the SALTA PROVINCE
- All departments of the SAN JUAN PROVINCE
- All departments of the SAN LUIS PROVINCE
- All departments of the SANTA FE PROVINCE
- All departments of the SANTIAGO DEL ESTERO PROVINCE
- All departments of the TUCUMÁN PROVINCE
- All departments of the PROVINCE OF LA PAMPA, except those of Atreucó, Catriló, Capital and Toay.
- All departments of the PROVINCE OF SANTA CRUZ, except Güer Aike
- All departments of the PROVINCE OF TIERRA DEL FUEGO, ANTARCTICA AND THE SOUTH ATLANTIC ISLANDS, except Río Grande.
- All the parties of the PROVINCE OF BUENOS AIRES, with the exception of the THIRTY-FIVE (35) included in the Metropolitan Area of Buenos Aires (AMBA), as established in article 11 of this decree.
The Decree also maintains authorization for those activities that have a health protocol approved by the corresponding health authority.
In places where ASPO is in force, the general principle remains isolation. The ASPO applies to the following areas:
- The urban agglomeration called Metropolitan Area of Buenos Aires (AMBA) which, for the purposes of this decree, includes the AUTONOMOUS CITY OF BUENOS AIRES and the following THIRTY-FIVE (35) parties of the Province of BUENOS AIRES: Almirante Brown, Avellaneda, Berazategui, Berisso, Ensenada, Escobar, Esteban Echeverría, Ezeiza, Florencio Varela, General Las Heras, General Rodríguez, General San Martín, Hurlingham, Ituzaingó, José C. Paz, La Matanza, Lanús, La Plata, Lomas de Zamora, Luján, Marcos Paz, Malvinas Argentinas, Moreno, Merlo, Morón, Pilar, Presidente Perón, Quilmes, San Fernando, San Isidro, San Miguel, San Vicente, Tigre, Tres de Febrero and Vicente López.
- All Departments of the PROVINCE OF JUJUY
- The Departments of Atreucó, Catriló, Capital and Toay of the Province of La Pampa
- The Department of Güer Aike of the Province of Santa Cruz
- The Department of Río Grande of the Province of Tierra del Fuego, Antarctica and the South Atlantic Islands
Unlike the DISPO regime, under the ASPO, the only activities authorized to operate are those declared essential and listed in the Decree. Carrying out these activities requires obtaining a circulation permit issued by the National Government. Below is the list of essential activities contained in Articles 12 and 13 (the number of sections of the regulation remains unchanged):
1. Health personnel, security forces, armed forces, immigration activity, National Meteorological Service, firefighters and air traffic control.
2. Senior authorities of the National, Provincial, Municipal, and Autonomous City of Buenos Aires governments; workers of the National, Provincial, Municipal, and Autonomous City of Buenos Aires public sectors, summoned by the respective authorities.
3. Personnel of the justice services on duty, as established by the competent authorities.
4. Foreign diplomatic and consular personnel accredited to the Argentine Government, within the framework of the Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations, and personnel of international organizations accredited to the Argentine Government, the Red Cross, and the White Helmets.
5. People who must assist others with disabilities, family members who need assistance, the elderly, children, or adolescents.
6. People who must deal with a force majeure situation.
7. Persons involved in funeral services, burials, and cremations. Activities involving gatherings of people are not authorized.
8. People affected by the care of school, community and snack canteens.
9. Personnel working in audiovisual, radio and graphic communication services.
10. Personnel assigned to public works.
11. Wholesale and retail supermarkets and local retailers selling food, personal hygiene, and cleaning products. Pharmacies. Hardware stores. Veterinarians. Gas cylinder supplies.
12. Food industries, their production chain and supplies; personal hygiene and cleaning; medical equipment, medicines, vaccines and other health supplies, under the terms of Article 3 of Administrative Decision No. 429/20, which clarifies that in Article 6, paragraph 12 of Decree No. 297/20, when referring to food industries, these are understood to be those that comprise the value chain and supplies of the food and beverage, personal hygiene and cleaning, medical equipment, medicines, vaccines and other health supplies production sectors.
13. Activities related to agricultural, livestock, and fishing production, distribution, and marketing.
14. Telecommunications activities, fixed and mobile internet and digital services.
15. Unavoidable activities related to foreign trade.
16. Collection, transportation and treatment of urban, hazardous and pathogenic solid waste.
17. Maintenance of basic services (water, electricity, gas, communications, etc.) and emergency response.
18. Public passenger transport, transport of goods, oil, fuels and LPG.
19. Home delivery of food, medicines, hygiene products, cleaning products, and other essential supplies.
20. Laundry services.
21. Postal and parcel distribution services.
22. Essential surveillance, cleaning and security services.
23. Minimum guards to ensure the operation and maintenance of oil and gas fields, oil and gas treatment and/or refining plants, transportation and distribution of electric power, liquid fuels, oil and gas, fuel dispensing stations and electric power generators.
24. State Mint Company, ATM services, cash transportation and all those activities authorized by the Central Bank of the Argentine Republic.
25. Operation of nuclear power plants. Hotels assigned to emergency health services. Operation of airports. Operation of garages and parking lots with minimal facilities. Restaurants, prepared food establishments, and fast food establishments with home delivery services. Circulation of ministers of various religious denominations for the purpose of providing spiritual assistance. All of this in accordance with the terms of Administrative Decision No. 429/20, Article 1, paragraphs 3, 4, 7, and 10, and Article 2.
26. Registration, identification and documentation of persons, in accordance with the terms of Administrative Decision No. 450/20, article 1, section 8.
27. Circulation of persons with disabilities and professionals who care for them. Banking activities open to the public exclusively on an appointment-based basis; all in accordance with the terms of Administrative Decision No. 490/20, Article 1, paragraphs 1, 2, and 3.
28. National and provincial registry activity, with a scheduling system and minimum guards. Provincial, City of Buenos Aires, and municipal revenue offices, with a scheduling system and minimum guards. Establishments for the care of victims of gender-based violence. Scheduled preventive medical and dental care and monitoring of chronic diseases, with a scheduling system. Clinical analysis laboratories and diagnostic imaging centers, with a scheduling system. Opticians, with a scheduling system; all in accordance with the terms of Administrative Decision No. 524/20, Article 1, paragraphs 2, 3, 5, 6, 7, and 9.
29. Transfer of children and adolescents, under the terms of Administrative Decision No. 703/20.
30. Personnel of the NATIONAL SOCIAL SECURITY ADMINISTRATION -ANSES-, in accordance with Administrative Decision No. 810/20, article 2, paragraph 1.
1. Industries operating under continuous processes. Production and distribution of biofuels. All of this, in accordance with the terms of Administrative Decision No. 429/20, Article 1, paragraphs 1 and 2.
2. Sale of construction supplies and materials provided by lumberyards. Activities related to forestry and mining production, distribution, and marketing. Tanneries, sawmills, and wood product factories, mattress factories, and road and agricultural machinery factories. Exploration, prospecting, production, processing, and marketing of nuclear fuel. Essential maintenance and fumigation services. Mutual and Credit Cooperatives through minimum on-call duty, for the sole purpose of ensuring the functioning of the credit and/or payment system. All of this pursuant to the terms of Administrative Decision No. 450/20, Article 1, paragraphs 1, 2, 3, 5, 6, and 7.
3. Workshops for the maintenance and repair of automobiles, motorcycles, and bicycles, exclusively for public transportation, security forces and armed forces vehicles, vehicles used for healthcare services, or for authorized personnel, in accordance with current regulations. Sale of spare parts, components, and pieces for automobiles, motorcycles, and bicycles, exclusively on a door-to-door basis. Tire manufacturing; sale and repair of tires exclusively for public transportation, security forces and armed forces vehicles, vehicles used for healthcare services, or for authorized personnel, in accordance with current regulations. Sale of stationery and computer supplies, exclusively on a home delivery basis. All of this pursuant to the terms of Administrative Decision No. 490/20, Article 1, paragraphs 4, 5, 6, and 7.
4. Economic activity carried out in Industrial Parks.
5. Production for export, with prior authorization granted by the Ministry of Productive Development. Exporting industries that require inputs produced by other industries whose production units are located in the locations established in Article 11 must request the operation of said suppliers from the Ministry of Productive Development. Sale of pre-manufactured merchandise from retail stores through e-commerce platforms; telephone sales and other mechanisms that do not require personal contact with customers and solely through home delivery. Claims adjusters and adjusters from insurance companies who allow the settlement and payment of reported claims to the beneficiaries. Under no circumstances will public service be available, and all procedures must be done virtually, including the corresponding payments. All of this is in accordance with the terms of Administrative Decision No. 524/20, Article 1, paragraphs 4, 8, and 10.
6. Personnel affected by emergency demolition and excavation activities (Administrative Decision No. 763/20, article 1, Annex I, point 5, and concordant decisions for the rest of the jurisdictions).
7. Sports practice developed by athletes who are classified or in the process of classification for the XXXII Olympic Games or the Paralympic Games, in the terms of Administrative Decisions Nos. 1056/20 and 1318/20.
The common provisions of both regimes remain in place. In particular, it is worth highlighting the exemption from attending the workplace for those included in risk groups and the extension of the border closure under the same terms as those established by Decree No. 331/2020.
Regulatory novelty
Finally, due to the increase in infections, the Decree reintroduces the ban on social gatherings for both regimes. The ban also extends to breaks in the workplace.
We copy the link to the publication in the Official Gazette:
https://www.boletinoficial.gob.ar/detalleAviso/primera/232919/20200802.
This report should not be considered as legal or any other type of advice by Allende & Brea.
