Customs Law, Foreign Trade & Exchange Law | Abeledo Gottheil

Areas

Customs Law, Foreign Trade & Exchange Law

Abeledo Gottheil offers to its clients comprehensive legal advice on customs and international trade issues, either if they are manufacturers, importers or exporters, custom agents, carriers or other logistics companies and acts in the defense of their rights and interests in investigations and proceedings before the Customhouse General Bureau (Dirección General de Aduanas), Federal Administration of Public Revenues (Administración Federal de Ingresos Públicos -AFIP-), Secretariat of Foreign Trade, Domestic Trade, and Industry (Secretaría de Comercio Exterior, de Comercio Interior, de Industria) and other public and private entities related to the Foreign Trade business.

Our team offers wide and successful experience in customs, tax and infringement litigations, and an extensive performance before customs, administrative offices and higher courts (National Tax Court (Tribunal Fiscal de la Nación), National Administrative Litigation Courts and the Supreme Court of Justice of the Nation (Corte Suprema de Justicia de la Nación), including actions for the protection of constitutional rights and precautionary measures.

Likewise, Abeledo Gottheil counsels its clients on exchange matters, representing them in cases of the Central Bank of the Argentine Republic’s requirements and investigations, and offering them legal support for financial planning and international movement of foreign currency related to imports, exports, financing operations and investments.

The members of our Firm are permanently trained and updated, to offer the best advice on the subject. Within this context, our practice in Trade has been acknowledged by Latin Lawyer 250.

Relevant experience

  • Advice and proceedings for the registration with Special Customs Registries (importers, exporters and other Foreign Trade-related agents);
  • Advice on tariff classification of goods and tax treatment of imports and exports. Legal grounds and presentation of Classifying Consultations tending to obtain true classification criteria. Proceedings for the modification (reclassification) and opening of Tariff Items NCM (Mercosur Common Nomenclature);
  • Advice on “special regimes” related to the industrial and commercial activity, promotional regimes such as “Large Investment Projects” and “Turnkey Plants”, etc. Counseling and proceedings related to regulations on licenses inherent to Foreign Trade, obtention thereof and related claims.
  • Legal advice and proceedings to obtain certifications from public and private entities, necessary for the clearance and commercialization of goods;
  • Advice and proceedings in temporary import and export transactions, including acting in the defense of our clients’ interests before administrative offices and courts in case of claims;
  • Advice and representation within the framework of the custom service’s requirements, especially as regards valuation for customs purposes, classification, rules of origin, commercial structure of foreign trade operations and other related proceedings. Our team has vast experience in Valuation Studies launched by the Customhouse General Bureau (D.G.A.) (application of values, criteria, processes for the control of value and post clearance of goods, control of import and export prices for related companies under the terms of the GATT, etc) and in administrative litigation issues derived therefrom;
  • Advice and proceedings for the proper collection of rebates and other incentives to encourage exports.
  • Counseling and intervention in proceedings related to unfair commercial practices, such as dumping, derivatives of safeguards and subsidies (the complete experience is developed in the specific chapter on the issue). Intervention in the Trade Commission of the MERCOSUR (South American Common Market).
  • Advice and intervention in proceedings related to the determination of the origin of goods. Origin Regime MERCOSUR and the Latin American Integration Association (ALADI).
  • Advice and participation in the negotiation and formalization of international agreements between private parties.
  • Proceedings for the recovery of taxes.
  • Advice and Compliance Audits in Foreign Trade; Customs Operating Proceedings and exchange activity related to International Trade.
  • Advice on Foreign Trade Bank Transactions; INCOTERMS; Documentary Credits; international collections and settlements. Advice and legal formalization of pre-financing of exports and imports financing.
  • Intervention in proceedings before the Courts having jurisdiction in Criminal and Economic Matters, within the framework of causes related to Foreign Trade and Exchange issues.

Related publications

Emergency Decree Nº 70/2023

Suspension of certificates of exclusion of tax collections: A new tax-collecting measure to discourage importation of goods

19 April 2023 |

Regime for the promotion of investments for exports of knowledge economy activities

13 October 2022 |

Foreign services | Export growth certification

6 October 2022 |

Creation of a comprehensive customs control database (RADAR)

5 October 2022 |

AFIP |  Updating of amounts in customs duty reimbursement proceedings

3 October 2022 |

Customs duties in foreign currency. Exchange rate applicable to capital and interest

Exchange regulations. Their negative impact in foreign trade

Regulatory Alert. Modification of the import regime for used capital goods

Imports. Exceptions to the recent increase in the statistical rate

28 July 2020 |

Mercosur. A model of integration

Offices

Av. Eduardo Madero 1020, 5th floor | C1106ACX

Buenos Aires | Argentina

(5411) 4516-1500

estudio@abeledogottheil.com.ar

Top