During the month of March 2020, the Argentine National Public Administration issued a series of measures aimed at mitigating the effects of the pandemic declared by the World Health Organization in relation to the coronavirus COVID-19. Below is a summary of the various regulations that had an impact on the calculation of procedural and administrative deadlines.
I) Administrative procedures at the national level:
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National Executive Power: On March 20, 2020, Decree No. 298/2020 was issued, suspending the running of deadlines in administrative proceedings governed by National Law No. 19,549 on Administrative Procedures, by Decree 1759/72 – Consolidated Text 2017 – and by other special procedures, from the date of publication of the decree until March 31, 2020, without prejudice to the validity of any acts performed or to be performed. The deadlines resumed on April 1, 2020.
This rule applies only to procedures governed by Law 19,549. Accordingly, it applies to the centralized and decentralized National Public Administration, including autonomous entities, with the exception of military, defense, and security bodies.
Furthermore, Article 3 of Decree No. 298/2020 authorizes the jurisdictions, entities, and agencies included under Article 8 of Law 24,156 to determine exceptions to the suspension within their respective areas of competence. The entities under Article 8 of Law 24,156 are:
a) The National Administration, comprising the Central Administration and Decentralized Agencies, including Social Security Institutions.
b) State-Owned Companies and Corporations, covering State Companies, State Corporations, Majority State-Owned Corporations, Mixed-Economy Companies, and any other business organizations in which the National Government holds a majority share in capital or decision-making.
c) Public Entities explicitly excluded from the National Administration, covering any non-business state organization with financial autonomy, legal personality, and own assets, where the national government exercises majority control, including public non-state entities under national control.
d) Trust Funds funded totally or mostly with assets and/or funds from the National Government.
This law shall also apply to the accountability of private organizations receiving subsidies or contributions, and to institutions or funds managed, safeguarded, or held by the National Government through its Jurisdictions or Entities.
In light of these considerations, agencies not governed by Law 19,549 must issue their own rules suspending procedural deadlines.
Link to regulation: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335742/norma.htm
Link to Law 24,156: http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/554/texact.htm
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National Gas Regulatory Authority: On March 17, 2020, through Resolution No. 99/2020, it declared the 10 business days following the issuance of the resolution as non-working days. Deadlines resumed on April 13, 2020.
Note: March 23 and 24 were holidays, and March 20, 25, 26, 27, and 30 were declared administrative leave days. The Malvinas War Veterans Day holiday was moved to March 31.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335549/norma.htm
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National Directorate of Migration: On March 18, 2020, through Provision No. 1714/2020, it suspended deadlines for complying with summons, notices, or citations in all ongoing proceedings under its jurisdiction, including regularization orders under Article 61 of Law No. 25,871, for a period of 30 calendar days from March 17, 2020. Deadlines resumed on April 16, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335688/norma.htm
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National Institute of Industrial Property: On March 18, 2020, through Resolution No. 16/2020, all deadlines relating to summons, notifications, or legal/regulatory timeframes were suspended from March 12 to April 3, 2020. Deadlines resumed on April 4, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335629/norma.htm
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National Institute of Viticulture: On March 18, 2020, Resolution No. 13/2020 established that business days would not be counted for procedural purposes until March 31, 2020, inclusive, without affecting the validity of actions carried out by the agency or the parties involved. The regulation does not specify the starting date. Deadlines resumed on April 1, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335631/norma.htm
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General Inspectorate of Justice: On March 18, 2020, through Resolution No. 10/2020, it suspended the deadlines for responding to notices under Article 24 of General Resolution IGJ 7/2015, and for submitting compliance under Decree No. 142.277/43 and IGJ Resolution No. 8/2015 for savings and capitalization companies, from March 16 to March 30, 2020. Deadlines resumed on April 1, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335645/norma.htm
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Nuclear Regulatory Authority: On March 18, 2020, through Resolution No. 82/2020, it extended for 60 calendar days all authorizations expiring between March 18 and April 30, 2020. It also suspended the deadlines for initiating renewal processes until April 30, 2020. For these renewals, deadlines resumed on May 3, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335680/norma.htm
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Domestic Trade Secretariat: On March 19, 2020, through Resolution No. 98/2020, it suspended all procedural and/or judicial deadlines in all proceedings under Laws No. 19.511, 22.802, 24.240, 25.156, 26.993, 27.442, and Decree No. 274/2019, from March 16 to March 31, 2020. Deadlines resumed on April 1, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335730/norma.htm
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Superintendence of Occupational Risks: On March 20, 2020, Resolution No. 25/2020 suspended all appeal deadlines in administrative proceedings from March 16, 2020, for 30 business days. This included cases handled by Medical Commissions. Deadlines resumed on May 11, 2020. Repealed.
Note: March 23–24 were holidays; March 20, 25–27, and 30 were administrative leave; March 31 (Malvinas Day), April 9–10 (Holy Week), and May 1 (Labor Day) were public holidays.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335769/norma.htm
Resolution No. 31/2020 (March 27, 2020) repealed Resolution No. 25/2020 and aligned with Decree No. 298/2020. Therefore, deadlines resumed on April 1, 2020.
Link: https://www.boletinoficial.gob.ar/detalleAviso/primera/227205/20200327
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Arbitration Commission of the Multilateral Agreement (18.8.77): On March 20, 2020, through Resolution No. 1/2020, it declared March 18 to 31, 2020, as non-working days for the purposes of procedural deadlines in all proceedings under the Multilateral Agreement. Deadlines resumed on April 1, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335774/norma.htm
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General Ports Administration: Through Provision No. 27/2020, it suspended all deadlines in ongoing administrative proceedings, including service and legal notifications, as of the publication of DNU No. 260/2020 (March 12, 2020), until March 31, 2020. Deadlines resumed on April 1, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335776/norma.htm
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Undersecretariat for Labor Oversight: Through Provision No. 1/2020, it suspended procedural deadlines in administrative oversight proceedings from March 16 to 31, 2020, including book certification and labor documentation audits. It also suspended all hearings scheduled between March 18 and 31, 2020. Deadlines resumed on April 1, 2020.
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/335785/norma.htm
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National Institute of Associativism and Social Economy: On March 20, 2020, through Resolution No. 37/2020, it suspended administrative procedural terms from March 16 to 31, 2020. Deadlines resumed on April 1, 2020.
Link: https://www.boletinoficial.gob.ar/detalleAviso/primera/227061/20200320?busqueda=1
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National Tax Court: On March 18, 2020, through Resolution No. 13/2020, it declared an extraordinary recess from March 17 to 31, 2020, suspending all procedural deadlines. Deadlines resumed on April 1, 2020.
Link: https://www.boletinoficial.gob.ar/detalleAviso/primera/226946/20200318
Finally, it should be noted that the suspension of deadlines may be extended depending on further determinations by the Ministry of Health, in response to the progress of the pandemic.
II) National and Federal Judicial Proceedings:
On March 16, 2020, the Supreme Court of Justice of the Nation, through Accord No. 4/2020, declared the period from March 16 to 31 as non-working days. The calculation of procedural deadlines resumed on April 1, 2020. It is worth noting that on March 17, 2020, the Buenos Aires Bar Association submitted a note requesting the High Court to clarify certain matters, including hearings scheduled during the non-working period, the issue of procedural expiration deadlines, and the use of digital filings (section 11 of the accord).
With respect to section 11, concerning digital filings, the accord established that as of March 18, 2020, all filings — except for initial filings — must be submitted in digital format.
Link to the regulation (in Spanish): https://www.cij.gov.ar/nota-36967-Acordada-4-2020-de-la-Corte-Suprema-de-Justicia-de-la-Naci-n.html
Link to the regulation and related tutorial on digital filings prepared by the Buenos Aires Bar Association (in Spanish): http://www.cpacf.org.ar/files/acordadas/Punto%2011%20Acordada%20CSJN%204-2020.pdf
On March 20, 2020, the Supreme Court of Justice of the Nation issued Accord No. 6/2020, declaring a special judicial recess from March 20 to 31, inclusive. The calculation of procedural expiration deadlines resumed on April 1, 2020.
Link to the regulation (in Spanish): https://www.cij.gov.ar/nota-36981-Acordadas-6-2020-y-7-2020-de-la-Corte-Suprema-de-Justicia-de-la-Naci-n.html
III) Judicial Proceedings in the Province of Buenos Aires:
On March 16, 2020, the Supreme Court of Justice of the Province of Buenos Aires issued Resolution No. 386-20, which established the suspension of procedural deadlines from March 16 to 31, 2020. The calculation of deadlines resumed on April 1, 2020.
Link to the regulation (in Spanish): http://www.scba.gov.ar/institucional/nota.asp?expre=COVID-19%20(Coronavirus).%20Asueto%20con%20suspensi%F3n%20de%20t%E9rminos%20en%20todo%20el%20%E1mbito%20del%20Poder%20Judicial%20de%20la%20Provincia%20de%20Buenos%20Aires.&veradjuntos=no
IV) Judicial Proceedings in the City of Buenos Aires:
On March 16, 2020, the Superior Court of Justice of the City of Buenos Aires issued a statement suspending procedural deadlines until March 31, 2020. The calculation of deadlines resumed on April 1, 2020.
Link to the regulation (in Spanish): https://www.tsjbaires.gov.ar/index.php?view=items&cid=1%3Adestacados&id=10796%3Acomunicado-de-los-organismos-del-poder-judicial-de-caba&format=pdf&option=com_flexicontent&Itemid=1
