Delivery of postal services without signature of the recipient

ARTICLE
Delivery of postal services without signature of the recipient
October 15, 2020
Delivery of postal services without signature of the recipient

On March 26, 2020, the Argentine Communications Entity (the “ENACOM” after its acronym in Spanish) issued Resolution no. 304/2020, which established that the postal services of control letters with signature in the form, control letters with return notice, express letters, letters with acknowledgment, letter face, packages, orders, credit cards, door-to-door services, telegrams, and document letters may be considered delivered without the holographic signature of the recipient (or person at the destination address). The Resolution was issued taking into consideration that, according to Decree no. 297/2020, postal and courier services are among the activities that are exempted from the preventive and mandatory social isolation regime.

Postal service providers (postmen or distributors) must comply with a number of requirements set out in the Resolution. Such requirements depend on the characteristics of each postal service: (i) for the delivery of control letters with signature on the form, control letters with return notice, express letters, and letters with acknowledgement of receipt, the full name of the recipient must be entered on the form or on a mobile computer device; (ii) for the delivery of a letter, parcel, package, credit card, or door-to-door service, the details of the recipient must be duly entered, it must be established that the recipient is over 18 years old, and his or her identity must be verified by showing an identity document from a reasonable distance; (iii) for the delivery of a letter, document, or telegram —in addition to complying with the requirements to establish identity and the complete recording of the data on a physical form or mobile computer device— the Resolution requires the incorporation of an additional description, an image of the place of delivery, the special delivery code, and any other information that enables the correct identification of the recipient. In addition, if the delivery destination is a building subject to the horizontal property regime, the postal service may be handed to the doorman of the building.

The Resolution also states that postal service providers must implement prevention measures and carry out the necessary actions to protect the health of their staff. Postal service providers must also increase their actions to maintain the essential hygiene conditions of the buildings and vehicles affected to the activity, according to the guidelines established by the Superintendence of Labor Risks ("SARS-Cov-2 Recommendations and prevention measures in labor environments" IF-2020-18248944-APN-SMYC#SRT).

The Resolution will be in force from March 26, 2020, until the end of the preventive and compulsory social isolation established by Decree 297/2020 and its amendments; that is, up to and including October 25, 2020 (according to the extension established by Decree 792/2020). Its validity may be extended for the time deemed necessary.