The National Executive Power (PEN) has decided to deregulate the postal system, eliminating the monopoly of Correo Argentino on this service. The measure, made official by means of the Decree No. 1005/2024 and published this Monday, November 11 in the Official Gazette, opens the postal market to new players, promoting competition.
This decision is based on the Decree No. 70/23, which promotes an economic system based on free decisions, within an environment of open competition, respecting private property and the constitutional principles of free circulation of goods, services and work.
In its implementation, the Government has eliminated excessive requirements to operate in the sector, as well as bureaucratic records that hindered transparency. The official text stresses that “overregulation had created barriers to market entry, restricting competition and resulting in lower quality service and higher costs, to the detriment of users.”
In addition to administrative simplification, the reform aims to "Promote transparency, digitalisation and security in the postal service«One of the key measures is the introduction of digital verification to control the loss or destruction of shipments, as well as restrictions on the transport of specific substances. However, exceptions are envisaged for small volumes and household products that do not pose risks.
To achieve these objectives, the decree modifies and repeals several articles of Decree No. 1187/93 on the postal system and eliminates Decree No. 151/74, which regulates the Postal Law (Law No. 20.216). Some of the amendments included in the decree are highlighted below.
Definitions
The standard establishes specific specifications, considering postal market activity as those activities carried out for the admission, classification, transportation, distribution and delivery of correspondence, letters, postcards, parcels of up to fifty (50) kilograms that are carried out within the Argentine Republic and from or to abroad. This definition includes the activity carried out by the so-called couriers, or courier companies and any other similar or comparable activity, provided by natural or legal persons, with or without a vehicle of any nature, load or carrying capacity.
As to International Postal Shipping, specifies that it is the postal shipment imposed in the Argentine Republic addressed to a domicile or recipient located outside its territory or vice versa, and may have a weight of up to fifty (50) kilograms. While the Courier Shipping, is the postal shipment with cross-border origin or destination covered by an international transport document, with an indication of the sender and recipient, where the weight limit of up to fifty (50) kilograms refers exclusively to each package or postal piece, regardless of the total weight of the set, maintaining its postal condition. This type of shipment does not lose its courier status at the time of its nationalization in the national territory, nor during the entire journey until its delivery to the final recipient.
On the other hand, it makes express definitions regarding user, sender, recipient, imposition, admission, classification, transport, distribution, delivery, redispatch or forwarding, postal services, universal postal service, postal delivery, postal parcel or package, simple letter, certified letter, certified letter, postal money orders, telegraphic money order, reliable communication, telegram, document letter, electoral service, philatelic service, post office box, postal address, postcard, cecogram, urban courier, delivery standard, postal service provider or postal provider, designated postal operator, postal operators, aggregator and/or generator of shipments, delivery point.
Subjects
From this modification, to be Postal Service Providers Legal entities must register with the enforcement authority in a simple, electronic, free and declarative manner.
Registration will be done only once at the start of the activity and will constitute sufficient authorization to carry out the activity, which may automatically start five days after the date of registration.
In addition, individuals will be allowed to offer urban courier services, with or without a vehicle, within short periods of time and over short distances.
The decree guarantees that postal operators who carry out activities in the local and international postal market may freely determine the staffing, modality, types of services provided, equipment, means of transport and premises required for their activity.
It also enables copies and proof of delivery to recipients of telegrams and certified letters to be in digital format, as well as the declared information.
Requirements for providing Postal Services
Be legal entities incorporated under some type of corporate figure, in accordance with the current legal regime, except in the case of Urban Courier provided for in article 4, in which case it may also be offered by a natural person;
Have legal domicile in the Argentine Republic and establish an electronic address where all notifications sent to you as a result of your activity will be valid;
Be registered with the Customs Collection and Control Agency (ARCA) and comply with the corresponding tax and social security obligations.
In no case may other requirements or obligations be imposed or required that are not contemplated in this decree.”
The law also establishes that Postal Service Providers shall be subject to compliance with the provisions of Article 6 of Law No. 20.216 and may not provide the client with a service inferior to that described in their registration application or contract. It is the obligation of the Postal Service Provider to inform the client about the quality of the service it undertakes to provide. Likewise, the law states that the National State shall not be responsible for the obligations that the Postal Service Provider fails to fulfill.
Failure by one or more customers to comply with the reported postal quality and service conditions may result in the application of sanctions by the Enforcement Authority based on the provisions of Law No. 20.216.”
Disqualified from being Postal Service Providers
Natural persons who have been convicted of the crimes provided for in articles 153, 153 bis, 154, 155, 156, 157, 157 bis, 161, 163 to 167 bis, 167 quinque to 174, 184, paragraphs 5 or 6, 194, 197, 254, 255 and 288 of the Penal Code for twice the term of their sentence or for the term of their disqualification, if applicable, whichever is longer.
Legal entities, when the controlling shareholder or when in its administrative or control bodies there is a person who has been convicted of the crimes provided for in articles 153, 153 bis, 154, 155, 156, 157, 157 bis, 194, 197, 254, 255 and 288 of the Criminal Code for twice the term of his sentence or for the term of his disqualification, if applicable, whichever is longer.
Services guaranteed by the State
The PEN must ensure that at least one postal operator offers the provision of the Universal Postal Service in a mandatory and non-exclusive manner throughout the territory of the Argentine Republic.
Until the Executive Branch designates another provider, Correo Oficial de la República Argentina SA will be the legal entity through which the National State complies with the commitments assumed in the Acts of the Universal Postal Union, being in charge of providing the Universal Postal Service.
The Official Post Office of the Argentine Republic SA will be in charge of the Electoral Service for the National Elections.
Validity
This decree will enter into force on November 12th 2024, the day after its publication in the Official Gazette.
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