The Decree of necessity and urgency No. 70/2023, published in the Official Gazette on December 21, 2023 (hereinafter, the “Decree”) and the Bill of Law including the Bases and Starting Points for the Freedom of Argentinians, which was sent by the National Executive Power to the National Congress on December 27th , 2023 (the “Bill”), seek to incorporate the validity of digital documents and electronic signatures in a series of bureaucratic filing procedures and advance towards the digitization of filings before the National State.
Although by means of Section 3 of Law No. 25506 and Section. 288 of the Civil and Commercial Code of the Nation (“CCCN”), the principle of functional equivalence between the holographic signature and the digital signature has been recognized in Argentina, it does not apply in cases where legal acts must be formalized through specific requirements or formalities that are incompatible with the use of the electronic signature. In the same sense, the equivalence of digital documents, as established in Section. 6 of Law No. 25506 and Section 286 of the CCCN, has no effect when the necessary documentation is imposed by specific circumstances. However, the Decree and the Bill seek to expand the scope of application of the digital signature while adopting the digitization of records and administrative procedures of the National State.
The main modifications introduced by the Decree are:
- Foreign trade: Section 115 mandates the introduction of Section 120 bis to the Customs Code (Law No. 22415), which orders the digitization of bureaucratic procedures that are regulated in that Code, and incorporates the possibility that officials and individuals issue or submit documents with electronic signatures.
- Agricultural transactions: Section 29 allows the issuance and negotiation of electronic certificates of deposit and warrants, which can also be used for endorsements, if necessary.
- Medicine prescriptions: Section 307 prohibits handwritten prescriptions, so they can only electronically drafted and signed.
- Labor: Section 75 of the Decree incorporates the possibility for officials and employees of the Labor Regulatory Authority to issue documents with their electronic signature.
- Vehicle registry: Sections 357 establishes that the registration and property transfers of vehicles can be carried out through electronic signature, even allowing the digital issuance of the title.
The most substantive changes introduced in the Bill include:
- Real estate transactions: According to Section 424 and following of the Bill, those who process documents before the Real Estate Property Registry may present documents in digital format with an electronic signature. This includes property transfers and any other operation that modifies real estate rights (such as mortgages, usufruct, etc.).
- Administrative procedures of the State: Section 38 of the Bill states that administrative acts may be issued digitally or electronically. Similarly, Section 13 of the Bill establishes that all procedures carried out before the public sector should, as a general principle, be able to be carried out through electronic means.
- Transport: Section 631 of the Bill contemplates the possibility that the driver presents all the required documentation in digital format, so both the registration, the waybill, and other documents requested by the authority can be exhibited digitally.
According to Section 5 of the CCCN, laws come into effect after the eighth day of their official publication. In this sense, since Decree 70/2023 was published on December 21, 2023, it will come into effect on December 30, 2023. However, the Decree may become obsolete in case Congress rejects it. On the other hand, regulations on Decrees of Necessity and Urgency are set forth in Law No. 26122. Under such law, the Chief of Cabinet must submit the Decree to the consideration of the Permanent Bicameral Commission within ten days of its issuance.
In this sense, the Permanent Bicameral Commission has a period of ten business days to issue an opinion on the validity of Decree 70/2023 and submit it to the plenary of both legislative chambers for consideration. The Decree will only lose its validity if both chambers reject it. The Senate and the Chamber of Deputies can only accept or reject Decree 70/2023, without the power to introduce amendments, modifications, or additions. The decision is made by an absolute majority of those present.
The Spanish version of the Decree can be found in the following link: https://www.boletinoficial.gov.ar/detalleAviso/primera/301122/20231221
The Spanish version of the Bill can be found in the following link: https://www.senado.gob.ar/parlamentario/comisiones/verExp/194.23/PE/MD
