Federal justice pronounced in favor of the Customs in your strategy preemptively suspend exporters that do not settle foreign exchange.
The judicial resolution was produced by an amparo request against the Customs of the oil company El Cerco SRL de Rosario, and gives the green light to the state agency.
Even if the deadlines for settling currencies range from 15 days from the embarkation permit (soy) up to 180 days (regional economies), existing cases of 365 days, but still with a maximum of 60 days for transactions between related companies“To exploit the gap, many exporters do not settle their currencies with the BCRA and leave it abroad or convert it at the spot exchange rate with settlement”.
In this context, the Customs Agency has issued IG 07/2022 (DGA) containing the guidelines to be followed in cases where the Exporters fail to timely enter the foreign currency, establishing that, in the event of ascertained effective non-compliance, the agent in charge of the IL The register will notify the exporter so that, within a period of 10 daysproceed with the liquidation of the corresponding currencies or guarantee their registration (guarantee insurance) or, in the absence of these requirements, the suspension as Exporter from the Customs Registry.
Faced with these checks, the company Entre Ríos El Cerco SRL, filed an amparo action against Customs-AFIP declare the unconstitutionality and inapplicability of the General Instruction n. 7/2022 DGA.
The company stated in its letter that “The firm says it has received no notice of any kind from the BCRA regarding the inflow of foreign exchangewas required by the AFIP-DGA to make the deposit of said currencies within the term of 10 days, with warning to apply the provisions of the aforesaid instruction”.
However, and endorsing the customs position, Federal Court No. 1 of Rosario decided not to grant the measure precautionary measure requested by the company, in support of the official position.
“We are experiencing the worst drought since 1922, soybean production is estimated at 23 million tons, and the lack of effective controls on fake export companies has led to an exponential growth of “files” that simulate export transactions for leave dollars abroad without liquidation. This ruling by the federal court in Rosario consolidates the position of customs and supports our actions that have a single goal: to defend reserves for national industry and job generation,” said the director General of Customs Guillermo MICHEL.
NS
Source: Clarin
