Any exporter who desires to export certain agricultural products must complete and register a sworn statement the immediate business day after the sale is agreed.

The Ministry of Production together with the Ministry of Agroindustry and the Ministry of Treasury jointly issued Resolution No. 1-E/2017 (the "Resolution") that regulates the registration procedure for Export Sworn Statements (Declaracion Jurada de Venta de Exportación or "DJVE"). The DJVE were introduced by Law No. 21,453 and its supplementary Law No. 26,513, and their purpose is to regulate the registration of the export of agricultural products. The DJVE regulation was substantially modified in December 2015 through Joint Resolution No.4 of the Ministry of Agroindustry, No. 7 of the former Ministry of Treasury and Finance, and No.7 of the Ministry of Production.  

The Resolution includes the DJVE in the "One-Stop" Register of Foreign Trade national regime (Ventanilla Unica de Comercio Exterior Argentino or "VUCEA"). The DJVE must contain the information necessary to allow the Coordination and Evaluation of Internal Consumption and Subsidies Unit ("UCESCI"), the competent agency, to register the DJVE electronically through the VUCEA.  

Any exporter who desires to export an agricultural product included in the Resolution's annex must complete and register the DJVE the immediate business day after the sale was agreed.

a. DJVE registration requirements

For the DJVE to be registered it must comply with the following requirements controlled by the CEICSU:

  1. registration in the Ministry of Agroindustry registry;
  2. concurrence between the date stated in the DJVE and the date of the effective sale;
  3. concurrence between the official FOB Price established by the Ministry of Agroindustry and the FOB price stated in the DJVE; and
  4. concurrence between the registration hour and DJVE formalization and the requirement establishing its presentation the following business day.

In the event that any of these requirements are not complied with, the DJVE will be rejected.

The DJVE must be signed by the exporter, the manager of the exporting entity, its attorney-in-fact, or any representative certified in the Ministry of Agroindustry. 

b. Validity term

The exporter has 180 days after the presentation of the DJVE to perform exports before the Federal Tax Authority ("AFIP"). Notwithstanding, if the agricultural products to export are subject to an export duty, the exporter must pay at least 90% of the duty in the five business days following the presentation of the DJVE.  

However, the Resolution establishes a special regime denominated "DJVE-45". This regime provides that the exporter has to perform the exports within a 45-day term but allows for paying the export duties at the time of the performance of the exports.

For the DJVE to be considered performed, the exporter must have exported at least 90% and up to a 5% more of the stated quantity (volume or weight).

c. DJVE Infringement

The Resolution states that, in case of infringement, the penalties established in the Customs Code will apply.

Additionally, in case of any falsehood in the DJVE, the exporter may be subject to a fine up to a 10% of the total FOB value stated in that transaction, in addition to any criminal penalties that may apply. 

If the exporter does not perform the transactions stated in the DJVE, same will be liable for a fine of 15% of the FOB value of the unperformed part of the sale and up to a 90% of the total sale value. 

In the event that the infringement cannot be attributable to the exporter, the registered transactions can be considered performed or the term extended.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.