Ministry of Productive Development – Secretariat of Mining: Resolutions No. 71/2021 and No. 83/2021.
Mining Department report | Ministry of Productive Development – Secretariat of Mining: Resolutions No. 71/2021 and No. 83/2021
Dear Sir or Madam,
The Federal Secretariat of Mining continues the preventive deregistration of beneficiaries of the “Mining Investment Law Registry”, for those who do not comply with its requirements. This time, 81 cancellations took place, which added to the 140 cancellations ordered by the recent resolutions No. 50/2021 and No. 51/2021 gives a total of 221 cancellations so far in 2021.
Resolutions No. 71/2021 and Resolution No. 83/2021, both published in the Official Gazette on April 13th, 2021, provide for a series of measures, including:
1) The declaration of the preventive deregistration of the individuals and legal entities registered in the Registry of Law No. 24,196 on Mining Investments that enjoyed its benefits (the “Preventive Deregistration”). The Preventive Deregistration is due to the non-compliance with the obligations established in Law No. 24,196 on Mining Investments (“FMIL”), which establishes a special promotion regime for the development of the mining activity in Argentina.
The FMIL grants tax benefits and customs exemptions to those that are registered in the FMIL’s Registry. At the same time, it establishes that association in such Registry entails the fulfillment of certain obligations, such as the submission of affidavits on the use of aforementioned benefits, the obligation to use the goods imported under FMIL, Section 21 exclusively for mining activities, and to ensure compliance with the requirements made by the Enforcement Authority (the Secretariat of Mining), among others.
Previously, Resolutions No. 50/2021 and No. 51/2021, dated March 8th, 2021, had ordered the Preventive Deregistration of those registered in the FMIL Registry who did not comply with the regulations.
2) A total of 81 legal entities and individuals registered before the FMIL’s Registry were Preventively Deregistered by means of the Annexes to Resolutions No. 71/2021 and No. 83/2021.
3) The Preventive Deregistration was ordered for a term of one (1) year by virtue of the provisions of Resolution No. 118 dated November 17th, 2020, of the Secretariat of Mining, of the Ministry of Productive Development.
4) Those affected by the declaration of Preventive Deregistration may request their rehabilitation in accordance with the provisions of Resolution No. 118/20, Section 4.
5) The declaration of Preventive Deregistration does not imply waiving the ability of assessment and audit of the Secretariat of Mining, nor does it prevent the initiation or continuation of the proceedings currently in process or the application of penalties provided for in the current regulations.
The Federal Tax Authority (AFIP) was notified of the Preventive Deregistration issued by Resolutions No. 71/2021 and No.83/2021. These
Resolutions will be effective as of April 13th, 2021.
Please, do not hesitate to contact us should you require any further information on this matter.
Marcos Moreno Hueyo