Continuing its efforts to mitigate the spread of the COVID-19 (Coronavirus) pandemic, the National Public Administration, through the Ministry of the Interior, has issued the “Unique Enabling Certificate for Circulation – COVID-19 Emergency,” which unifies the circulation permit for all those persons covered by the exceptions in Article 6 of DNU No. 297/2020 and Administrative Decision No. 429/2020, with nationwide scope.
I) Unique Certificate Implementation
On March 29, 2020, Resolution No. 48/2020 of the Ministry of the Interior (the “Resolution”) was published in the Official Gazette. Through this resolution, the “Unique Enabling Certificate for Circulation – COVID-19 Emergency” (the “Unique Certificate”) was implemented. This certificate applies to all persons whose activities fall under any of the 24 subsections included in Article 6 of DNU No. 297/2020 (the “Decree”) or any of the 10 points listed in Administrative Decision No. 429/2020 (the “Decision”). The certificate must be requested online at https://tramitesadistancia.gob.ar/.
As indicated in the resolution, the permit may only be requested through the TAD platform. Access is granted by entering the applicant’s National Identity Document (DNI). At this link, you can find a tutorial on how to request the “Unique Enabling Certificate for Circulation – COVID-19 Emergency”: https://www.argentina.gob.ar/solicitar-certificado-unico-habilitante-para-circulacion-emergencia-covid-19.
Currently, the TAD system is overloaded, so requesting the Unique Certificate may be difficult.
Furthermore, the Unique Certificate has national scope and must be presented to federal authorities together with the DNI. In this regard, it is important to note that Article 10 of the Decree establishes:
“The provinces, the Autonomous City of Buenos Aires, and municipalities shall issue the necessary measures to implement the provisions of this decree, acting as delegates of the federal government, pursuant to Article 128 of the National Constitution, without prejudice to other measures that provinces, the Autonomous City of Buenos Aires, or municipalities must adopt in the exercise of their own powers.”
Accordingly, obtaining the Unique Certificate is fundamentally required for inter-jurisdictional transit (although it is recommended to obtain it regardless), and for circulation within the same jurisdiction, local permits must be obtained if applicable. At present, the vast majority of provinces have some form of regulation in this regard, and it is likely that the remaining ones will issue such regulations soon.
A copy of the resolution link is provided: https://www.boletinoficial.gob.ar/detalleAviso/primera/227248/20200329.
II) Administrative Decision No. 446/2020 – Amendments to the Unique Certificate Regime
On April 1, 2020, Administrative Decision No. 446/2020 was issued, establishing that from April 6, persons covered by any of the exceptions contemplated in Article 6 of the Decree, its modifying and complementary regulations, and the Decision, must process the Unique Certificate.
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The Unique Enabling Certificate will be valid for the duration of the Social, Preventive, and Mandatory Isolation (“ASPO”).
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Authorizations issued by national authorities to circulate prior to the implementation of the Unique Certificate will cease to be valid as of April 6.
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Local permits issued by local authorities will remain valid as long as the relevant local authority does not join the Unique Certificate system.
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Therefore, it is important to note that obtaining the Unique Certificate does not exempt applicants from having to process the local permit, if one has been regulated.
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Furthermore, Administrative Decision No. 446/2020 establishes that persons included in the categories listed in subsections 1, 2, 3, 4, 5, 8, 9, 13, 14, 15, 16, 17, 18, 21, and 24 of Article 6 of the Decree and Article 1, point 2 of the Decision, are exempt from obtaining the Unique Certificate.
Those who must process the Unique Certificate are persons covered by any of the following exceptions (the numbering corresponds to the subsection in Article 6 of the Decree and the points in Article 1 of the Decision, respectively):
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Persons involved in funeral services, burials, and cremations. No activities involving gatherings of people are authorized.
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Personnel involved in public works.
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Wholesale and retail supermarkets and nearby retail stores. Pharmacies. Hardware stores. Veterinary clinics. Gas cylinder suppliers.
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Food industries, their supply chains and inputs; personal hygiene and cleaning products; medical equipment, medicines, vaccines, and other health supplies.
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Home delivery of food, medicines, hygiene products, cleaning supplies, and other essential goods.
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Laundry services.
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Essential security, cleaning, and guard services.
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Minimum staff to ensure operation and maintenance of oil and gas fields, treatment and/or refining plants, energy transportation and distribution, liquid fuels, oil and gas, fuel stations, and electric power generators.
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Industries with continuous processes whose interruption would cause structural damage to production lines and/or machinery may request authorization from the Secretariat of Industry, Knowledge Economy, and Foreign Trade Management to continue production with minimal activity and staff.
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Operation of nuclear power plants.
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Hotels involved in health emergency services. They must also guarantee services to guests staying at the time Decree No. 297/20 was issued.
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Minimum staffing needed to operate the Argentine Aircraft Factory Brigadier San Martín S.A.
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The National Securities Commission authorities may authorize a minimum workforce and regulated entities if necessary.
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Airport operations. Garage and parking operations with minimal staff.
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Support for mining-related environmental protection activities.
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Tanneries with minimal staff for receiving leather from frigorific activity.
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Restaurants, prepared food outlets, and fast food establishments may sell products through home delivery services, subject to specific protocols established by health authorities.
Those exempted from the obligation to process and carry the Unique Certificate are (numbering corresponds as above):
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Health personnel, security forces, armed forces, immigration services, national meteorological service, firefighters, and air traffic controllers.
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Senior officials of national, provincial, municipal governments, and the Autonomous City of Buenos Aires; public sector workers called upon to guarantee essential activities.
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Staff of justice services on duty, as established by competent authorities.
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Foreign diplomatic and consular staff accredited to the Argentine government under the Vienna Conventions and international organizations, Red Cross, and White Helmets personnel.
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Persons assisting others with disabilities; family members needing to assist elderly people, children, and adolescents.
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Persons attending to force majeure situations.
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Persons involved in the operation of school cafeterias, community kitchens, and food pantries.
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Personnel working in audiovisual, radio, and print media.
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Activities linked to agricultural and fishing production, distribution, and commercialization.
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Telecommunications activities, fixed and mobile internet, and digital services.
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Urgent activities related to foreign trade.
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Collection, transportation, and treatment of urban solid, hazardous, and pathogenic waste.
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Maintenance of basic services (water, electricity, gas, communications, etc.) and emergency response.
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Public passenger transport, freight transport, petroleum, fuels, and LPG.
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Postal and parcel distribution services.
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Casa de Moneda (mint), ATM services, cash transportation, and all activities deemed essential by the Central Bank of Argentina to guarantee the payment system’s functioning.
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Production and distribution of biofuels.
III) Scope of the Unique Certificate
As stated in the Resolution’s preamble, the goal of implementing the Unique Certificate by the National Public Administration is to have a single tool that will “optimize the work of competent agencies at control points; avoid delays and complications for people undertaking this type of movement under the regulations; and ultimately support the National Government’s strategy to contain the spread of the COVID-19 coronavirus.”
Similarly, Administrative Decision No. 446/2020 mentions that “various jurisdictions and decentralized public sector entities have designed and made available to the public models of forms, procedure guides, protocols, and spreadsheets on their official websites, aimed at channeling the need of excepted persons to prove such status before authorities that require it. Likewise, provincial, the Autonomous City of Buenos Aires, and municipal jurisdictions have adopted similar measures in their respective territories” and that “it is necessary to issue an act to facilitate one of the objectives of Ministry of the Interior Resolution No. 48/20, which is to assist the control efforts of national, provincial, and Autonomous City of Buenos Aires security forces, as well as the national health authority.”
From the foregoing, it is clear that the National Public Administration seeks to give the Unique Certificate national reach and validity. However, as noted, different jurisdictions have the authority to regulate measures to implement the Decree, resulting in concurrent powers with the National Government. Therefore, for the Unique Certificate to achieve the scope intended by the National Public Administration, an act issued by the local authority is required — given the current circumstances, this would likely be through a local Executive Decree — expressly adopting the Unique Certificate.
Finally, it should be noted that Administrative Decision No. 446/2020 expressly provides that the various jurisdictions must issue the necessary permits for all persons excepted from obtaining the Unique Certificate.
