AFIP’s General Resolution N° 4185/2018, was published today which introduces a number of changes to the Argentine Monitoring Importation Regime (SIMI). The new scheme will be effective as of 23 January 2018 – fifteen days after its issuance. Nonetheless it is our understanding that it will not apply to operations currently underway.
The most important changes introduced are the following:
1. The information declared by means of SIMI will be put into consideration of all the public agencies involved in foreign trade by means of the "Ventanilla Única de Comercio Exterior" (VUCEA) for their intervention. Those agencies will have to issue their opinion within ten working-days. In the event of an observation, those could be directly address through the on-line system.
Although this was foresaw in previous legislation, this new Customs administration is committed to include as many public agencies as possible for the importer to have an simplified access to those interventions, with no need of filing independent motions before every single agency involved.
2. For all the importation operations, the SIMI will have to be in "OFICIALIZADA" status before boarding. According to this, from 01.23.2018, all the SIMI will have to be filed before the boarding of the components in the origin country, not being possible to file the SIMI neither when the shipment is in transit nor when it has already arrived. With this measure, customs is intending to improve the verification procedures by giving customs more time to assess the customs documentation.
3. Customs will now assess the financial capabilities of the importer according to the importation operation(s) it is intending to declare. An electronic notification will be issued by customs in the event any concern may arise. Should customs concerns be property addressed, the status of the SIMI will change to "SALIDA"; conversely if the importer fails to answer the customs inquiry, the status will become "ANULADA". Such status may be contested for only one time following a procedure which will be published onto the AFIP on line system.
4. According to the new regulation, in order to either rectify or assign the document of transport, it must be previously dissembled. In order to rectify the declaration it must be in "OFICIALZIADA" status (before the boarding) and to assign both SIMIs (that of the assign or and assignee) must be in "SALIDA" status. As foresaw in previous legislation, to assign, both parties must be registered before the customs special register, they both have to perform the electronic assignment (by means of the AFIP electronic system) and an affidavit subscribed by both parties must be filed before customs indicating that all the previous requirement have been met.
5. From this resolution on, all the customs notifications will be issued by electronic means. Such notifications can be checked through the SICNEA AFIP application.
6. SIMI will be valid for 180 days since its issuance (status: "SALIDA"). In the event of components subjected to NON AUTOMATIC IMPORTATION LICENSE, if an extension is granted by the Secretariat of Commerce, the validity of the SIMI will be automatically extended accordingly.