Translate:

Argentine President Alberto Fernandez issued Emergency Executive Order No. 260/20 on 12 March, which makes self-isolation mandatory for individuals coming to Argentina or who have entered Argentina in the last 14 days from critical areas.

To date, those areas/countries as defined in WHO's reports followed by the Argentine Ministry of Health are China, United States, Japan, South Korea, Iran, United Kingdom of Great Britain and Northern Ireland, all of the European Union and of the Schengen space countries.

These individuals must remain quarantined for 14 days since their arrival. Only then will the individuals be able to resume normal activities if the individuals are healthy and without any Coronavirus symptoms.

For those individuals who are not travelling from critical areas, they must also be isolated for the same term if they have been diagnosed with Coronavirus, have shown its symptoms, or have been in contact with potential or confirmed Coronavirus' cases. This also applies to these people's close contacts. Should any of these individuals fail to comply with self-isolation for the required term, they could be criminally charged for the crimes against Public Health described in Chapter IV of Title VII of the Criminal Code and also be held in contempt. Also, foreigners in breach of these regulations may be deported from Argentina.

From a criminal standpoint, sections 202, 203 and 205 from the Argentine Criminal Code establish diverse sentences that can go up to 15 years of imprisonment for any individual who propagates dangerous and/or contagious diseases for people. The Criminal Code provides lesser penalties for those who act recklessly, negligently and/or flawlessly in the skill or profession; and expressly sanctions those who fail to comply with the obligations established by the authorities to prevent the spread of the mentioned diseases.

Finally, administrative fines could apply to employers if the labor and health authorities find that employees and outsiders were exposed to the disease for employers' failure to maintain a safe work environment. Pursuant criminal liability for these crimes is only individual, the criminal charges will only be considered over the actions taken by individuals.

Therefore, we recommend adopting measures diligently with employees, suppliers, contractors and other third parties that may interact with companies in Argentina, to reduce the exposure to procedures and the sanctions mentioned above.

Explore More Insight
View All