From the Government they understand that the deadlines to take advantage of the gap are not met. Many exporters do not settle the currencies before the BCRA
By iProfessional
24/04/2023 – 18,02hs
The federal judge of Rosario Carlos Alberto Vera Barros rejected a request for protection presented by an exporting company against the Customs measure that suspends its registration in the registry for not having liquidated dollars within the established deadlines.
This was highlighted by Customs in a report in which it states that when it comes to operations between related companies, some operators they do not settle within the terms established by the regulations or they enter the country through the financial market.
The deadlines to liquidate the currencies go from 15 days, in the case of soybeans, from the shipment permit, up to 180 days, in regional economies. There are cases of 365 days, but always with a maximum of 60 for operations between related companies.
“To take advantage of the gap, many exporters do not settle the currencies before the BCRA and leave it abroad or convert it at the spot exchange rate with settlement,” says Customs.
In this context, the agency issued General Instruction 07/2022 in which it establishes guidelines to be followed in those cases in which Exporters do not make the timely entry of foreign currency.
There it is determined that the agent in charge of the registry will notify the exporter so that, within a period of 10 days, he proceeds to liquidate the corresponding currencies or guarantee their entry through surety insurance or, if these requirements are not met, the suspension as Exporter. of the Customs Registry.
“To take advantage of the gap, many exporters do not settle the currencies before the BCRA,” they point out from Customs
What did Justice respond to the company’s amparo action?
Faced with these controls, the Entre Ríos company El Cerco filed an amparo action to declare the unconstitutionality and inapplicability of the measure.
The company indicated that it did not receive “an injunction of any kind regarding the inflow of foreign currency” from the BCRA.
However, and endorsing the position of Customs, Federal Court No. 1 of Rosario decided not to allow the precautionary measure requested by the company, supporting the official position.
“We are going through the worst drought since 1922 to date, soybean production is estimated at 23 million tons and the lack of efficient controls regarding false export companies led to an exponential growth of folders that simulate export operations to leave dollars abroad without liquidation,” said Guillermo Michel, the head of Customs.
The official said that “this ruling by the federal court in Rosario consolidates the position of Customs and supports our actions, which have an objective that is to defend the reserves for the national industry and the generation of employment.”
