The Federal Public Revenue Administration (AFIP) established operational and technological guidelines for the safeguarding and conservation of the images generated by Closed Circuit Television (CCTV) systems and merchandise scanning using Non-Intrusive Control Equipment installed by those customs subjects that must have monitoring and image control systems of these characteristics.
The measure was formalized today (19.10.2023/XNUMX/XNUMX) through the General Resolution No. 5432/2023, published in the Official Gazette. According to the provisions, customs subjects that use the aforementioned systems must retain the images at their own expense, or use, at their own expense, the services of a Image Storage Service Provider (PSAI), who must be registered in the Special Customs Records and enabled for the reception, safekeeping and conservation of said images.
It also indicates that the customs subject You must inform the AFIP of your choice through the Customs Procedures Computer System (SITA). When you choose to use the services of a PSAI, you must also inform the responsible provider and the period from which the transfer of images begins.
Enabling PSAI
To be enabled, the Image Storage Service Provider must observe the following: requirements and conditions which are recorded in the Annex I of the aforementioned regulations. The authorization must be validated annually.
The Provider will be responsible for the reception, safekeeping and conservation of the images obtained in connection with the provision of its services, for the same period that it is obliged by the specific regulations to store the images of the customs subject who hires it, and must receive them within the 24h of the production; a period that may be exceptionally extended up to a maximum of 72 hours when reasons of technological infrastructure, operations, geography, among others, justify it.
The PSAI must ensure that the images correspond to the quantity and distribution of equipment located within the monitored facilities and the operational periods of the premises and that there are no obstructions or displacements in the orientation of the equipment that prevent the correct viewing of the images; to this end, at the time of requesting its authorization, it must present the control procedure that it will carry out.
In case of detecting inconsistencies, the provider must report them to the customs service through the Customs Procedures Computer System (SITA), “Multi-Electronic Customs Note” (MUELA) procedure, sub-procedure “Detection of inconsistencies Art. 5° - Image Storage Service Provider (PSAI)” within 24 hours of its detection.
In the event that it needs to store its own images, AFIP may request the services of the PSAI. To do so, the provider must provide its services free of charge up to a maximum equivalent to 10% of its storage capacity during the first calendar year. Subsequently, the limit will be determined based on the volume of information stored during the immediately preceding calendar year.
Customs entities that, in accordance with current regulations, have CCTV image monitoring systems and merchandise scanning using Non-Intrusive Control Equipment, and decide to keep the images themselves, must comply with the same conditions and procedural and technological requirements for the safekeeping and storage of images as those required for the Image Storage Service Provider.
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