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RIGI and mining: specialists highlighted the need for predictability without losing customs control.

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In the framework of the IV International Congress on Mining Law, organized by the Argentine Institute of Mining Law (IADEM) and held this Thursday, May 22, during Arminera 2025 in Buenos Aires, a key panel was held entitled: “The Large Investment Incentive Regime (RIGI) and the mining industry: the need for a predictable and permanent regime".

The panel, comprised of leading legal and business experts, addressed the regulatory and operational challenges surrounding the implementation of the RIGI in large-scale mining projects. Participants included Ignacio Rodríguez (PwC Argentina), Guillermo Felipe Coronel (Cargas del Plata), Gonzalo Santamaría (Marval O'Farrell Mairal) and Sergio D. Arbeleche (Buchou & Funes de Rioja), under the moderation of Juan Ignacio Boragina (IADEM).

One of the central axes was the role of Customs in the new schemeThis theme was developed by the Dr. Guillermo Felipe CoronelHe emphasized that the RIGI is an export incentive, since in addition to enabling the establishment of certain industries, fostering the growth of local production chains, and creating jobs, it also clearly promotes exports. In this regard, he explained that both the installation and final development stages of these projects inevitably require the importation of new capital goods, spare parts, components, and consumer goods, which are essential for their execution. To this end, both Single Project Vehicles (SVPU) and their suppliers are exempt from import duties, statistical fees, and destination verification fees, as well as from any other collection regime, for those operations that find merchandise affected by the project. This does not imply the elimination of customs controls.Customs will continue to exercise its oversight function through the corresponding destination verification system. Therefore, physical and documentary controls remain fully in force. This exemption applies to: -he stressed- It is the payment of taxes, not compliance with the customs regime, which is essential to guarantee legal security."I affirm.

During his speech, Dr. Guillermo Felipe Coronel also explained that the free import or export contemplated within the framework of the RIGI means that no direct prohibitions or restrictions, quotas or quotas of a qualitative or quantitative nature, or measures acting as a precondition for registration of import clearance or shipping permits will be applied. In other words, no prior approval or authorization will be required for goods affected by approved projects.

In this regard, he warned that Law 27.742—which establishes the RIGI—clearly establishes that any measure that restricts or affects this regime will be considered null and void, as it expressly contravenes its provisions.

However, Dr. Coronel was emphatic in saying that this operational freedom should not be confused with a relaxation of customs controls:"This is not a self-declaration or blind faith regime. Tax exemption is not synonymous with a lack of control. The merchandise must be directly linked to the investment project."

Along these lines, he emphasized that the exempted taxes must be guaranteed by the effective compliance of the project approved by the competent authority, and that such compliance will be subject to Customs oversight:"The customs authority maintains its oversight and verification role to ensure that the benefits granted are applied exclusively to goods destined for projects registered under the regime.".

Within this framework of clear and predictable rules, Customs will maintain its oversight functions intact. As Dr. Coronel stated: "TheCustoms fully retains its verification powers, because the State has the non-delegable responsibility to ensure effective compliance with the conditions established in the regime.«.

This panel—which brought together experts in law, mining, and investment—exposed a shared demand across all sectors: a clear, stable, and predictable regulatory framework that provides legal certainty for investors and facilitates the development of strategic projects for Argentina, while maintaining control mechanisms that ensure legality, transparency, and traceability.

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