Due to the advance of the COVID-19 (Coronavirus) pandemic, the National Public Administration issued the Emergency Decree No. 297/2020, which established the Social, Preventive, and Mandatory Isolation (“ASPO”) for all persons residing in the country or temporarily present in it, from March 20 to March 31, 2020. Although the regulation allows citizens to make the minimum and essential movements to procure cleaning supplies, medicines, and food, it also contemplates exceptions to its compliance. Below, we detail the permits issued to date by the various national and provincial authorities, which must be presented if requested by a security force agent.
I) National Permits
1) Ministry of Social Development
By virtue of the powers granted by the Ministry Law No. 22,520 (consolidated text 1992) and its complementary and amending regulations, and Decrees No. 50/2019, 260/2020, and 297/2020, the Ministry of Social Development (“MDS”) implemented the permit required for persons covered under subsection 5 of article 6 of Emergency Decree No. 297/2020. That subsection provides an exception from compliance with ASPO for “persons who must assist others with disabilities; family members who require assistance; elderly persons; children and adolescents.”
In this regard, through Resolutions No. 132/2020 and 133/2020, the MDS implemented the sworn declaration for persons who must assist children and adolescents, and the sworn declaration for those who must assist elderly persons, respectively.
Link to Resolution No. 132/2020, including the sworn declaration as Annex I:
https://www.boletinoficial.gob.ar/detalleAviso/primera/227094/20200321?busqueda=1
Link to Resolution No. 133/2020, including the sworn declaration as Annex I:
https://www.boletinoficial.gob.ar/detalleAviso/primera/227105/20200323?busqueda=1
2) Ministry of Transport
The Ministry of Transport, by virtue of the powers granted by Decree No. 7/2019, issued Resolution 74/2020 approving the certificate of engagement in essential activities and services declared in subsections 15 and 18 of article 6 of Emergency Decree No. 297/2020 and point 2 of article 1 of Administrative Decision No. 429/2020. These exceptions include:
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Urgent activities related to foreign trade;
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Public passenger transportation, freight transport, petroleum, fuels, and LPG;
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Production and distribution of biofuels.
Link to Resolution No. 74/2020, including the sworn declaration as Annex I:
https://www.boletinoficial.gob.ar/detalleAviso/primera/227133/20200325?busqueda=1 (NO LONGER IN EFFECT).
On March 27, 2020, the Ministry of Transport issued Resolution No. 78/2020, which revoked Resolution No. 74/2020 and approved a new certificate for the exceptions contemplated in subsections 15 and 18 of Emergency Decree No. 297/2020 and point 2 of article 1 of Administrative Decision 429/2020.
Link to Resolution No. 74/2020, including the declaration as Annex I:
https://www.boletinoficial.gob.ar/detalleAviso/primera/227211/20200327
3) National Civil Aviation Administration
By the powers granted by Decrees No. 239/2007, 1770/2007, 97/2020 and article 11 of Emergency Decree 297/2020, the National Civil Aviation Administration issued Resolution No. 102/2020, which established that companies performing aerial work activities under article 1 of Decree No. 2836/1971 may only operate if the specific type of work for which authorization is requested strictly corresponds to one of the exceptions set forth in article 6 of Emergency Decree No. 297/2020, or a combination thereof.
To continue their activities, companies operating domestic and international flights authorized as regular air transport services under Part 121 of the ARGENTINE CIVIL AVIATION REGULATIONS must comply with the procedures set forth in Annexes I and II of the resolution.
Companies operating authorized flights as non-regular internal and international air transport services under Part 135 of the ARGENTINE CIVIL AVIATION REGULATIONS must only comply with the requirements established in Annex II of the resolution.
Link to Resolution No. 102/2020:
https://www.boletinoficial.gob.ar/detalleAviso/primera/227099/20200321?busqueda=1
Link to Annex I:
https://www.anac.gov.ar/anac/web/uploads/upcg/resoluciones-dnaypi/seguridad-operacional/if-2020-18383174-trabajo-aereo-covid-a1-pdf.pdf
Link to Annex II:
https://www.anac.gov.ar/anac/web/uploads/upcg/resoluciones-dnaypi/seguridad-operacional/if-2020-18383196-trabajo-aereo-covid-pdf.pdf
II) Provincial Permits
1) Autonomous City of Buenos Aires
The Legal and Technical Secretariat of the Autonomous City of Buenos Aires issued No. 1/2020, which implemented a Transit Permit covering all exceptions of article 6 of Emergency Decree No. 297/2020.
Link to permit application:
https://permisos.seguridadciudad.gob.ar/Solicitud/
2) Buenos Aires Province
The Ministry of Security of Buenos Aires Province implemented a transit permit application for the cases included in subsections 5 and 6. Subsection 6 refers to situations of force majeure.
Link to permit application:
https://permisostransito.mseg.gba.gov.ar/
3) Catamarca Province
Catamarca Province also issued two types of applications for circulation for persons within the exceptions. For subsection 5 – assistance to elderly persons – it referred to the MDS provisions.
For the other exceptions, it implemented a single application covering all cases.
Link for subsection 5:
https://www.argentina.gob.ar/sites/default/files/6056_-_ddjj_para_resp_de_adultos_mayores.pdf
Link to permit application for remaining cases:
https://docs.google.com/forms/d/e/1FAIpQLSfboj3_FNrEv6mV6X3emiYHUJ-R4gaSKb0g1v4wt__sfC56hA/viewform
4) Córdoba Province
The Ministry of Agriculture and Livestock of Córdoba Province made available a sworn declaration for persons covered by the exception in subsection 13, which covers “activities related to agricultural and fishing production, distribution, and commercialization.”
Link to sworn declaration:
http://www.ganaderiacba.net.ar/intranet/ddjjdnu297-2020/
5) Corrientes Province
Corrientes Province issued four types of permits: (i) related to assistance to children and adolescents; (ii) assistance to elderly persons; (iii) a circulation certificate for employees covered under the essential activities listed in article 6 of Emergency Decree No. 297/2020; and (iv) a sworn declaration related to the exception in subsection 13 of article 6.
Link to child assistance application:
https://www.corrientes.gob.ar/assets/articulo_adjuntos/5122/original/Modelo_DDJJ_para_traslado_de_ni%C3%B1os_y_adolescentes.pdf?1585173383
Link to elderly assistance application:
https://www.corrientes.gob.ar/assets/articulo_adjuntos/5123/original/Modelo_DDJJ_para_asistencia_a_personas_mayores.pdf?1585173383
Link to employee permit application:
https://www.corrientes.gob.ar/assets/articulo_adjuntos/5121/original/Modelo_Certificado_para_circular_para_empleados.pdf?1585173383
Link to sworn declaration:
https://www.corrientes.gob.ar/assets/articulo_adjuntos/5124/original/DECLARACION_JURADA_PRODUCTOR_MP_CORRIENTES.pdf?1585178933
6) Formosa Province
The Comprehensive Covid-19 Emergency Care Council of Formosa Province implemented a circulation permit application covering all exceptions of article 6 of Emergency Decree No. 297/2020.
Link to permit application:
https://www.formosa.gob.ar/formularioedecreto297
7) Jujuy Province
The Ministry of Security and the Ministry of Economic Development and Production (MDEP) of Jujuy Province issued two models of sworn declarations.
The first is a generic sworn declaration for circulation for persons covered under any of the exceptions of article 6 of Emergency Decree No. 297/2020. The MDEP issued a specific sworn declaration for subsection 13.
Link to Ministry of Security declaration:
https://www.formosa.gob.ar/formularioedecreto297
Annex I attached here includes the sworn declaration issued by MDEP, also available at the Official Gazette of Jujuy Province:
http://boletinoficial.jujuy.gob.ar/wp-content/uploads/2016/Boletines/Varios/CN25-03-20.pdf
8) Misiones Province
The Ministry of Agriculture and Production of Misiones Province implemented a sworn declaration for exceptions contemplated in subsections 12, 13, and 15 of article 6 of Emergency Decree No. 297/2020. Subsection 12 covers “food industries, their productive chain and inputs; personal hygiene and cleaning; medical equipment, medicines, vaccines, and other health supplies.”
Link to sworn declaration:
https://agro.misiones.gob.ar/wp-content/uploads/2020/03/Ficha-MAyP-Declaraci%C3%B3n-Jurada-de-actividades-exceptuadas.pdf
9) Santa Fe Province
The Ministry of Labor, Employment, and Social Security of Santa Fe Province issued Resolution No. 40/2020, which implemented the circulation permit for exceptions under article 6 of Emergency Decree No. 297/2020.
Link to sworn declaration:
https://www.santafe.gob.ar/noticias/recursos/documentos/2020/03/2020-03-23NID_267225O_1.pdf
10) San Luis Province
San Luis Province provided an application for entry or exit to/from the province and for cases of verifiable force majeure. This application must be completed 48 hours prior to the date of entry or exit.
Link to permit application:
http://formulario.sanluis.gov.ar/Solicituds/
ANNEX I
SWORN DECLARATION
Emergency Decree No. 297/2020, SOCIAL, PREVENTIVE AND MANDATORY ISOLATION
Art. 6, subsection 13: Activities related to agricultural and fishing production, distribution, and commercialization
| Carta de Porte Nº | LUGAR: | Fecha de INGRESO: / / |
| Producto de Carga: |
| Datos del Transporte | ||
| Nombre o Razón Social: | CUIT: | |
| Domicilio Fiscal: | Localidad: | Provincia: |
| Camión: | Acoplado: | |
| Chofer | ||
| Nombre y Apellido: | CUIL/CUIT: | |
| Domicilio: | TELEFONO: | |
| Datos del Destinatario | ||
| Domicilio: | Localidad: | Provincia: |
I DECLARE UNDER OATH THAT THE DATA PROVIDED IN THIS SWORN DECLARATION ARE TRUE, AND I TAKE RESPONSIBILITY FOR ANY ISSUE ARISING FROM THEIR TRUTHFULNESS. THIS SWORN DECLARATION IS MADE UNDER THE PROVISIONS OF EMERGENCY DECREE No. 297/2020 – SOCIAL, PREVENTIVE, AND MANDATORY ISOLATION.
Article 6, subsection 13: Activities related to agricultural and fishing production, distribution, and commercialization (to be carried with duplicate).
Anyone who inserts or causes to be inserted false statements in a public instrument, regarding a fact that the document must prove, to cause harm, will be punished with imprisonment from one to six years. (Art. 293 Penal Code).
PLACE AND DATE:
VALIDITY PERIOD:
Signature:
Printed Name:
ID Number:
SWORN DECLARATION
Emergency Decree No. 297/2020, SOCIAL, PREVENTIVE, AND MANDATORY ISOLATION
Art. 6, subsection 13: Activities related to agricultural and fishing production, distribution, and commercialization
The undersigned …………………………………………..……….……ID No.:………………………….…………………………… In my capacity as agricultural producer, accredited by Renspa/Renapa/Renaf No.: ……… Residing at: ………………… Locality: ………………………………. Department:……………………………. I hereby declare that I perform tasks of: ………………………………………………………………………………………… At the agricultural establishment located at and/or georeferenced points: ……………………………… Locality: ………………….……….…… Department: ……..……….…………….…… Contact phone: …………….……………………………. Description of the operation:
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Agrícola Ganadera Mixta Tambera Fruti-hortícola Apícola Forestal Otros ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( )
Authorization of dependent personnel and/or service providers qualified to perform tasks
Name:………………………………………… ID: …………………………… Registration No.:…………………………(for professionals) Description of tasks:………………………………………………………….……………………………..
I declare under oath that the data provided in this sworn declaration are truthful, and I take responsibility for any issues arising from their accuracy. This sworn declaration is made under the provisions of Emergency Decree No. 297/2020 – Social, Preventive, and Mandatory Isolation, article 6, subsection 13: activities related to agricultural and fishing production, distribution, and commercialization (to be carried with duplicate).
Anyone who inserts or causes to be inserted false statements in a public instrument regarding a fact that the document must prove, to cause harm, will be punished with imprisonment from one to six years. (Art. 293 Penal Code).
Place and Date:
Validity Period:
| Firma del productor: | Aclaración: | DNI: |
|---|
Félix Pérez
Interim Minister of Economic Development and Production
