Mining Law Department Report | Ministry of Productive Development – Mining Secretariat | Resolution No. 119/2020
Dear Sir or Madam,
Resolution No. 119/2020 (the “Resolution”) establishes that, as of November 19th, 2020, the filing of the affidavits corresponding to Sections 18 and 25 of Law No. 24,196 must be made in digital format, through the “Remote Procedures” (TAD) platform of the Electronic Document Management System (GDE), which is mandatory for beneficiaries registered in the Mining Investment Registry.
For this purpose, the following procedures have been enabled in the TAD platform: “Affidavit Section 18 Law No. 24,196” and “Affidavit Section 25 Law No. 24,196”.
The Resolution is part of the activities of re-engineering current procedures from the regulatory, technological and operational point of view, initiated in March 2020 by the Undersecretary of Mining Development, through the Federal Directorate of Mining Investment and its agencies.
The implementation of procedures in its digital format contributes to transparency, the possibility of monitoring and control of mining projects, in line with compliance with the legal obligations of the promotional regime, as well as providing a database for public policy development and decision making.
In this sense, Law No. 24,196 (hereinafter “FMIL”) and its amendments, regulated by Decree No. 2,686 and its amendments, establishes a special regime to encourage the development of mining activity in the Argentine Territory, by granting benefits to the different participants in the mining sector.
Moreover, Resolution No. 30/2018 established the conditions for the approval and maintenance of the registration in the Registry of Beneficiaries of the FMIL, establishing the obligations relating to Sections 18 and 25 of the FMIL, as part of the requirements for entry and maintenance of the registration status in the Registry of Beneficiaries of the FMIL.
Thus, under Section 18 of the FMIL, those registered in the investment regime for mining activities must present annually, within 30 days of the due date for the income tax return sworn statement, an affidavit indicating the work and investments actually made, keeping the documentation and registration related to such investments duly individualized.
Thus, the Resolution under Section 2 establishes that all those registered in the Mining Investment Registry of the FMIL must submit the sworn statements corresponding to Sections 18 and 25 in accordance with the provisions of the Resolution up to and including December 31st, 2020, corresponding to the 2019/2020 periods, even if they had already made the submission before that date. Those registrants who still owe sworn statements for previous periods shall adjust their submission to the provisions of the Resolution.
The Resolution establishes, under Section 3, that those beneficiaries who do not comply with the provisions of Section 2 may be subject to the sanctions provided for in Section 28 of the FMIL.
Should you require any further information on this matter, please do not hesitate to contact us.
Marcos Moreno Hueyo