Public health emergency: COVID-19. New extension of mandatory social isolation

The National Executive Branch issued Decree of Necessity and Urgency No. 714/2020, published in the Official Gazette on August 31, 2020. Through this regulation, the Executive Branch extended the quarantine from August 31 to September 20, inclusive. The decree maintains the regimes established by previous regulations regarding the implementation of isolation and social distancing. The decree also adds the authorization of social gatherings in public spaces.

Extension of the quarantine

Decree of Necessity and Urgency No. 714/2020 (the “Decree”), in force since August 31, 2020, extends the quarantine from August 31, 2020, to September 20, inclusive. This regulation does not introduce any major changes compared to its predecessor, Decree No. 677/2020.

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 remind you that in those areas where the DISPO is in effect, people will be able to circulate within that department without obtaining a circulation permit. However, only people involved in essential activities will be authorized to leave that jurisdiction. In this case, obtaining the corresponding circulation permit will be required. Health measures (mandatory use of face masks, maintaining a 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 FORMOSA PROVINCE
• All departments of the LA PAMPA PROVINCE
• All departments of the MENDOZA PROVINCE
• All departments of the MISIONES PROVINCE
• All departments of the NEUQUÉN PROVINCE
• All departments of the SAN LUIS PROVINCE
• All departments of the SANTA FE PROVINCE
• All departments of the TUCUMÁN PROVINCE
• All departments of the province of Entre Ríos, except the agglomerations of the cities of Paraná, Colonia Avellaneda, Oro Verde, San Benito and Gualeguaychú
• All departments of the PROVINCE OF JUJUY, except the departments of Manuel Belgrano, Ledesma, El Carmen, Palpalá and San Pedro
• All departments of the PROVINCE OF LA RIOJA, except those of Capital and Chamical
• All departments of the PROVINCE OF RÍO NEGRO, except the agglomerations of the cities of Bariloche and Dina Huapi and the department of General Roca
• All departments of the Province of Salta, except General José de San Martín and Orán
• All departments of the PROVINCE OF SAN JUAN, except the department of Caucete
• All departments of the PROVINCE OF SANTA CRUZ, except the agglomeration of the City of Río Gallegos
• All departments of the PROVINCE OF SANTIAGO DEL ESTERO, except those of Capital and Banda
• All departments of the Province of Tierra del Fuego, Antarctica and the South Atlantic Islands, except Río Grande and Tolhuín
• All the parties of the PROVINCE OF BUENOS AIRES, with the exception of the department of General Pueyrredón and 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 the 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.
• The department of General Pueyrredón in the PROVINCE OF BUENOS AIRES.
• The agglomerations of the cities of Paraná, Colonia Avellaneda, Oro Verde, San Benito and Gualeguaychú in the province of Entre Ríos
• The Departments of Manuel Belgrano, Ledesma, El Carmen, Palpalá and San Pedro of the Province of Jujuy
• The departments of Capital and Chamical of the Province of La Rioja
• The agglomerations of the cities of Bariloche and Dina Huapi and the department of General Roca of the PROVINCE OF RÍO NEGRO
• The departments of General José de San Martín and Orán of the Province of Salta
• The department of Caucete in the province of San Juan
• The agglomeration of the city of Río Gallegos, in the PROVINCE OF SANTA CRUZ
• The departments of Capital and Banda of the PROVINCE OF SANTIAGO DEL ESTERO
• The departments of Río Grande and Tolhuin 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 officials from the National, Provincial, Municipal, and Autonomous City of Buenos Aires governments; workers from the National, Provincial, Municipal, and Autonomous City of Buenos Aires public sectors, summoned by their 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 need to assist others with disabilities, family members who need assistance, the elderly, children, or adolescents.
6. People who must deal with a situation of force majeure.
7. People 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 bar cafeterias.
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, freight transport, 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 stations, and electric power generators.
24. State-owned Mint Company, ATM services, cash transportation, and all 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 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 activities, with a scheduling system and minimum on-call hours. Provincial, City of Buenos Aires, and municipal revenue offices, with a scheduling system and minimum on-call hours. 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, section 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 through door-to-door delivery. 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 through home delivery. All of this pursuant to the terms of Administrative Decision No. 490/20, Article 1, paragraphs 4, 5, 6, and 7.
4. Economic activity developed 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 demolition and excavation activities due to emergencies (Administrative Decision No. 763/20, article 1, Annex I, point 5, and concordant decisions for the rest of the jurisdictions).
7. Professionals and technicians specializing in occupational health and safety, in accordance with Administrative Decision No. 810/20, article 2, paragraph 2.
8. Sports practiced by athletes who are qualified or in the process of qualifying for the XXXII Olympic Games or the Paralympic Games. People affected by the training activities of the Argentine Football Association. Sports practiced by athletes who are members of the Argentine Rugby team. Practice of individual sports and attendance at public and private clubs and institutions, and sports centers where the activity is carried out. Training of national representative athletes belonging to certain Confederations, Associations, Foundations, and Federations, as well as the individuals who accompany them, and the members of the National Anti-Doping Commission. International sporting events. Motor racing. All of this under the terms of Administrative Decisions Nos. 1056/20, 1318/20, 1442/20, 1450/20, 1518/20, 1535/20, 1582/20 and 1592/20.
9. ACTIVITIES, SERVICES AND INDUSTRIES in the Autonomous City of Buenos Aires: Shopping malls and shopping centers. Automatic and manual car washes. Dog walking, training and grooming. Art galleries with shifts. Professions. Hairdressers, waxing, manicures and pedicures (Beauty salons). Industries. Religious services: individual prayer with a capacity and a limit of up to TEN (10) people. Hotel and para-hotel establishments for non-tourist purposes and without use of common spaces. Advertising film production industry and operation of parking lots and commercial garages. All of this in accordance with Administrative Decisions No. 1289/20, 1519/20 and 1548/20.
10. ACTIVITIES, SERVICES AND INDUSTRIES in various districts, departments and agglomerations of the Province of Buenos Aires, under the terms of Administrative Decisions No. 1294/20 and No. 1580/20.
11. Actividades desarrolladas en el Municipio de La Matanza en los términos de la Decisión Administrativa N° 1329/20.
12. Activities carried out in the Municipality of La Matanza under the terms of Administrative Decision No. 1329/20.
13. Local tourism activities within the Iguazú National Park are exclusively for residents of the Province of MISIONES, and tourism activities and accommodations within the Iberá National Park are exclusively for residents of the Province of CORRIENTES. All of this is subject to the terms of Administrative Decision No. 1524/20.
14. Activity carried out by psychologists, within the scope of the THIRTY-FIVE (35) districts of the Province of BUENOS AIRES included in the METROPOLITAN AREA OF BUENOS AIRES (AMBA), in the terms of Administrative Decision No. 1533/20.

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.

Finally, due to the increase in infections, the Decree maintains the ban on social gatherings for both regimes. The ban also extends to breaks in the workplace.

However, the Decree authorizes meetings of up to ten (10) people in public spaces.

We copy the link to the publication in the Official Gazette: https://www.boletinoficial.gob.ar/detalleAviso/primera/234257/20200831.

This report should not be considered as legal or any other type of advice by Allende & Pitch.