The Federal Chamber of San Martín highlighted that the DNU of December 2023 has 16 titles that refer to economic deregulationState reform, work, foreign trade, bioeconomy, mining, energy, aviation, justice, health, communication, sports, general corporate law, tourism and automobile registration, which concern different subjects.
DNU 70 has 366 articles that include, among its various reforms, changes to the Civil and Commercial Code of the Nationregarding the regime of obligations, contracts in general and in particular. Modifies or repeals different regulations.
The cueveros argue that this freedom of contract between the parties extends to the purchase and sale of currency, which in this way would no longer be subject to any control. A Court has just reaffirmed that the penal exchange regime provided for in Law 19,359 “in no way appears to be covered by the text or spirit” of DNU 70.
The defense of seven accused of foreign exchange violations, that is, operating in caves without authorization from the Central Bank, argued that there is no longer a crime because the parties’ freedom of contract is guaranteed by the decree.
In response, Justice warns that the control and investigation powers granted to the Central Bank regarding activity and operations in the exchange market are not currently reached by the presidential provision.. It is thus reiterated once again that operating in the exchange market without authorization was, is and will continue to be a crime.
The Federal Chamber of San Martín highlighted that the DNU of December 2023 has 16 titles that refer to economic deregulation, State reform, work, foreign trade, bioeconomy, mining, energy, commercial aviation, justice, health, communication, sports, general law of companies, tourism and automotive registration, which concern different subjects. It includes the modification to the Civil and Commercial Code of the Nation – regime of obligations, of contracts in general and in particular -, with modifications and repeals of different regulations.
“It should not be ignored that the powers of control and investigation granted to the Central Bank of the Argentine Republic with respect to the activity and operations in the exchange market” are not reached by the norm in force, indicates the ruling that reproduces Iprofessional.
