The Federal Administration of Public Revenues (AFIP) updates the regulation on counterfeit goods, incorporating mechanisms that increase the control capacity of the General Directorate of Customs and, in turn, coordinate tasks with trademark holders. The measure was made official this Tuesday (03.09.2019) in the Official Gazette through the General resolution 4571/2019.
The official text "establishes the applicable procedure for import or export destinations -suspensive or definitive-, when a simple verification of the merchandise reveals a falsified or pirated trademark or trade mark, pursuant to the provisions of Article 46 of Law No. 25.986 and its amendments, in accordance with Annexes I (IF-2019-00276495-AFIP- SGDADVCOAD#SDGCTI) and II (IF-2019-00276504-AFIP-SGDADVCOAD#SDGCTI) which are approved and form part of this document."
And he says that "such goods that are covered by the “Alert Seat System” -with the exception of official destinations in favor of the holder registered in the system or whoever the latter authorizes-, Your procedure will be blocked for ONE (1) business day., counted from the business day immediately following the date of officialization."
«During the aforementioned period, the existence of the operation susceptible to control will be communicated to the holder of the right registered in the system and, at his request, the physical verification of the merchandise will be carried out in his presence.In the event of non-appearance of the interested party and the blocking period having expired, the customs service will execute the control measures it deems appropriate.«, clarifies the rule.
Furthermore, the AFIP "establishes that in the event that the existence or presumption of trademark fraud is confirmed, the corresponding legal and administrative actions will be initiated in accordance with the provisions of Annex II of this resolution."
Finally, "the General Directorate of Customs, through the General Subdirectorate of Customs Control, is authorized to modify or supplement the requirements set forth in Annex I of this document, to administer and maintain the records in the MALVINA Computer System (SIM), with the computer tools that the General Subdirectorate of Systems and Telecommunications will provide, and to determine, update and periodically disseminate the sub-regimes covered by this document."
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