On November 13th a new Maritime, River and Lake Navigation Regulation [a.k.a. REGINAVE] has been passed under Decree DECTO-2019-770-APN-PTE. On the following paragraphs we will summarize the most significant changes that have been introduced.
To begin with, we want to highlight that, according to the new REGINAVE, from now on each fine unit (FU) will be of ten pesos (AR$ 10) -the equivalent to US$ 0,17, today- and this figure will be annually adjusted regarding the annual variation of the Consumer Price Index issued by the National Institute of Statistics and Censuses [INDEC by its Spanish acronym] -a body in charge of gathering and collecting information through censuses and statistics in order to produce basic indicators and social and economic data.- The highest fine is of three million fine units (FU 3,000,000) -approximately five hundred thousand dollars (US$ 500,000)- which corresponds to oil spills.
It is important to note that, in some cases, both the owner and the crew member will be penalized with a fine.
As for pilots and experts of vessels that fly the Paraguayan flag, they shall comply with the same duties and obligations that apply to Argentine professionals. Therefore, Argentine Coast Guard will keep a ‘Multipurpose File’, which consists of a record of the authorized personnel that will contain professionals’ personal data and information about the authorization, and those professionals who incur actions or omissions in violation of regulations will be subject to the administrative jurisdiction of navigation and the application of the same sanctions that apply to Argentine professionals
Another noticeable change is that this update of the REGINAVE adds the International Maritime Solid Bulk Cargoes Code (IMSBC) to the domestic regulations.
Regarding foreigners who sail on Argentine Waters, their administrative liability will be subject to the Argentine Coast Guard jurisdiction. Those foreigners sailing on Argentine waters who do not have the authorization or the registration given by Argentine Coast Guard and incur offenses punishable by this Regulation and/or by other national or international standards are subject to the administrative jurisdiction of navigation and the penalization with a fine of between one hundred fine units (FU 159) and two hundred thousand fine units (FU 200,000.)
Last but not least, as of now, the Argentine Coast Guard will be able to prohibit the navigation of foreign vessels with which a punishable offense has been committed until the fine is paid, or until personal or real bail is rendered by natural or legal persons domiciled in the Argentine Republic.
Until these new rules are well-established, at Simonsen we will be keeping track of how authorities enforce them.
