Through the General Resolution, the Federal Public Revenue Administration (AFIP) made official this Friday (13.05.2022/XNUMX/XNUMX) the modifications to the Import Regime for Postal Service Providers PSP Courier, to optimize the use of this foreign trade tool.
Background of the Courrier Regime
In 1973, Law 20.216 and its amendments regulated the provision of postal services. This regulation was amended by Law 22.005, introducing the possibility for the Postal Administration to commission private parties to provide services that until then had been exclusively reserved for said entity, thus beginning a process of opening up the Postal market that allowed the establishment and operation of private providers.
Thus, through Decree 1.842/87, a regime of de-monopolization of public services provided by state-owned companies was established. The norm in its recitals held that the maintenance of state monopolies in the area of services and goods intended for the public has lost all factual support, since it works to the detriment of public welfare and economic, technological and social development.
social of the Nation.
From this point on, the opening of the postal activities market began, allowing the development of private activity with a variety of providers and services, contributing positively to the improvement of postal services in general.
The measure allowed the establishment of private companies with both national and foreign capital, with a considerable improvement in postal services and the development of modalities that were previously unknown in the Argentine market.
In 1995, by virtue of the Meeting of National Directors of Customs of Latin America, Spain and Portugal held in Havana - CUBA, in 1995, as in the Technical Committee No. 2 of Customs Affairs of MERCOSUR, it was agreed to begin the treatment of a common courier regime. Giving rise to Resolution No. 3236/96 (ANA), by which the normative and operational provisions were approved,
supplanting that provided for in Resolution 2436/96 (ANA).
Once the Federal Public Revenue Administration (AFIP) was established, through General Resolution No. 3.916/16, new operational guidelines were established applicable to shipments that enter under the regime, destined for natural or legal persons, of up to fifty kilograms (50 kg), valued at an amount less than or equal to that established therein, made up of up to three (3) units of the same species and that do not presume commercial purpose.
In turn, General Resolution No. 4.259/18 indicates that the aforementioned Postal Service Providers PSP/Courier may formalize the import or export request for consumption in a simplified manner, whose maximum FOB values do not exceed the amounts established in said regulation.
current regulations
La General Resolution No. 4450/2019 established the operational guidelines applicable to shipments that enter through the Postal Service Providers Import Regime PSP/Courier, destined for natural or legal persons, of up to fifty kilograms (50 kg), valued at an amount less than or equal to three thousand three dollars (USD 3.000), made up of up to three (3) units of the same species and that do not presume commercial purpose.
Except for,
1. The prior intervention of the National Food Institute, within the framework of the provisions contained in Resolution No. 1.946 of August 3, 1993 (ANA) and its amendments.
2. Regulations in which the Undersecretariat of Consumer Protection - Directorate of Commercial Loyalty - is the implementing authority.
3. The processing of Automatic and/or Non-Automatic Import Licenses provided for by Resolution No. 523 of July 5, 2017 of the then Secretariat of Commerce, its amendments and supplements.
4. Merchandise Identification Regime provided for in Resolution No. 2.522 of October 1, 1987 (ANA) and its amendments.
5. Restrictions and prohibitions of an economic nature.
Likewise, determining that they may only be used five (5) times per calendar year and per person.
Increased use of the simplified regimeo
Since the implementation of the new requirements established by General Resolution No. 4450/2019, there has been an increase in the use of this simplified import route.
The reasons are debatable. Some consider that it is due to a greater supply and demand for online purchases using networks, while others consider that it is due to greater restrictions in the general system, in terms of the prior requirement for SIMI licenses and BCRA provisions to apply to authorizations for foreign transfers.
In this context, the supervisory authority has pointed out that “currently, operations carried out through electronic platforms show constant growth and generate an increase in the number of shipments under the PSP/Courier Postal Services Regime” and in order to do so, it has considered that “distorting behavior has been detected that distorted the purpose of the regime” and that it has motivated “the corresponding complaints against those events that prevented or hindered the adequate exercise of the powers of the customs service in the control of international merchandise traffic.”
Based on these foundations, it was noted that some operational modifications to the current Currier regime were needed.
Operational modifications
In this way, through the General Resolution 5190/2022, the AFIP clarified that the operational guidelines to the private mail shipping regime, that is, those destined for natural or legal persons, up to 50kg valued at an amount equal to or less than USD 3.000, up to 3 units of the same species, provided that they are not for commercial purposes, will remain in place, but will apply to each flight.
Also, it amends Annex 1 of General Resolution No. 2021/2006, regarding the requirements that must be met for the simplified import destination declaration.
This action will prevent "the incorrect use of the treatment regime", which will allow the establishment of "an agile tool that responds to the dynamics of cross-border electronic commerce", explained the AFIP.
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