For a more coherent, integrated foreign trade that respects community rights
Within the framework of MERCOSUR, the free movement of people and goods is not just a political principle: it is a legal right enshrined in multilateral agreements, technical resolutions, and immigration practices. However, when it comes to the temporary entry of corporate vehicles with foreign license plates, Argentine customs practice reveals a dangerous confusion: Argentine citizens are required to prove their residency abroad… with a modified Argentine ID card!
The case that reveals all
An Argentine citizen, a legal resident of Brazil and an executive of a company based in São Paulo, attempted to enter Argentina in a company vehicle with Brazilian license plates. He possessed all the documents required by the MERCOSUR Temporary Admission regime.
- Brazilian CRNM (Carteira de Registro Nacional Migratório), which certifies your legal residence in Brazil.
- Brazilian driver's license (CNH), valid throughout the block.
- vehicle title on behalf of the company.
- Apostilled power of attorney, which authorizes him to drive the vehicle inside and outside of Brazil.
- Valid Green Card insurance, mandatory for international circulation.
Despite this, Argentine Customs demanded that he Argentine ID card with updated address in Brazilas if the national identity document were the only valid proof of residence. Since this requirement—which is not stipulated in any EU regulation—was not met, the driver was warned that the vehicle could be rejected or even seized for a suspected customs violation.
Current regulations: what the law says
La AFIP General Resolution No. 5366/2023, which adopts the regulations of Common Market Group (GMC), establishes that to import a community vehicle under the regime of Temporal AdmissionThe driver must provide proof of:
- That the vehicle is registered in a MERCOSUR Member State.
- That he himself resides legally in that country.
This principle is supported by the MERCOSUR Residence Agreement (GMC No. 28/02 and No. 35/02)which recognizes as valid the immigration documents issued by the States Parties to prove residency. At no time is it required that the Argentine ID card have an updated address in the foreign country.
The legal solution: vehicle as a business asset + effective residence
When it comes to a corporate vehicleThe Argentine driver can and must prove their residence in the country of registration with local immigration documentation:
- In Brazil: CRNM.
- In Paraguay: Paraguayan ID card with resident status.
- In Uruguay: Uruguayan identity card.
El Argentine ID card proves nationalityNot residency. And nationality is not an impediment to exercising rights as a resident in another State Party. Requiring a change of address on the national identity document to validate residency abroad is a regulatory overreach without legal basis.
Furthermore, the vehicle is not for personal use: it belongs to a MERCOSUR companyand the driver is manager, shareholder or employee authorized by apostilled power of attorney to conduct it internationally. The documentation proves not only ownership, but also the legitimacy of the link and the non-commercial purpose of the entry.
This approach —vehicle as a business asset with authorized use— allows circumventing the restrictions that apply to individuals with private vehicles, and It facilitates regional mobility without violating current regulations..
The 90-day period: correct interpretation
The regulations establish a maximum of 90 days per yearHowever, it does not require that they be continuous. Therefore, a vehicle can enter several times a year—for example, 15 days in January, 30 in April, 20 in August—as long as it does not exceed 90 accumulated days.
This criterion is key for those who work across borders, provide support to subsidiaries, or conduct occasional technical visits. Customs should apply this principle flexibly, assessing the vehicle's actual use and its temporary nature, rather than penalizing legitimate imports with threats of confiscation or fines.
Critical risk: loss of foreign resident status
When Customs interprets that an Argentine citizen cannot bring in a foreign vehicle because they do not have a national identity document with an address abroad, they are committing an error. reversal of the principle of integrationInstead of facilitating circulation, it obstructs it. And when, in addition, it threatens to seize the vehicle or prevent its entry, based on an alleged “Argentine residence”, is applying a criterion that contradicts community law.
As the specialized press warns, “the lack of definition regarding dual customs residence and the restrictive interpretation of the concept of tourist generate situations without a clear regulatory solution” (Customs News, 2025, October 31 )
Emerging case law and strategic recommendation
Some MERCOSUR courts are beginning to establish favorable jurisprudence, recognizing the validity of entry when proof of residency in the country of registration and complete documentation is provided. In recent cases, it has been recognized that immigration residency in another Member State authorizes the temporary use of the vehicle, even if the driver retains Argentine nationality.
Recommendation for business owners with multiple residences and vehicles in different MERCOSUR countries:
- Register the vehicles as business assets.
- To emit formal authorizations for use by partners, managers or employees.
- Accredit functional link and effective residence.
- Ensure that its use in Argentina is non-profit, temporary and justified.
Conclusion
Residency is proven with documentation from the country where you live and work.
Nationality cannot be used as an excuse to deny EU rights. And the 90-day period should be interpreted for what it is: an annual limit, not a trap to penalize those who travel legally.
If MERCOSUR wants to be more than just a slogan, it must ensure that its principles are applied at its borders. Because integration isn't built on labels, but on legal consistency, mutual respect, and the intelligent application of regulations.
The author has a degree in Administration and a Master's degree in International Relations (UNCBA), with an outstanding career as an official of the Customs Regulation and Control Agency (ARCA) for 39 years. A former OAS and Spanish Government fellow, he has been a university professor at undergraduate and graduate levels in various Argentine universities for 33 years, and a member of the Soft Landing World Network.
Foreign Trade specialist and independent consultant, he is the author of the books: "Customs Operations from A to Z", as well as"Intangibles: how to export services and not die trying"He has held important positions such as Deputy Director General of Metropolitan Customs Operations, Regional Director of the Waterway, and Administrator of the Customs of Córdoba and Rosario. He has served as First General Counsel at the General Directorate of Customs – Aduana Córdoba, and currently works as a foreign trade consultant.
