New Requirements Apply to Carriers and Crew Members Entering Argentina
The Argentine Government extended its border closure and expanded its requirements for the entry of national and foreign carriers and crew members into Argentina.
On April 10, 2021, Administrative Decision No. 342/2021 was published in the Official Gazette. The decision, issued by the Chief of Cabinet Ministers, extended the requirements established in Administrative Decision No. 2252/2020 for the entry of national and foreign carriers and crew members to Argentina and repealed Administrative Decision No. 1949/2020 which approved the pilot test for the reopening of incoming tourism from neighboring countries.
Thus, carriers and crew members, both foreign and domestic, entering the country by land are now required to submit, together with an affidavit, a negative Covid-19 PCR real time or LAMP test which will be valid for seven days after testing. This requirement also applies to pilots who are required to spend the night abroad in connection with the pilotage service provided to international vessels. International non-resident cargo carriers in transit between the border crossings in Cardenal Samoré, Huemules and Paso Integración Austral are exempted from this requirement, pursuant to Provision No. 889/2021 of the National Directorate of Migration.
Regarding sea transport, foreign crews of international vessels must comply with the protocols defined by the national health authority to ensure their traceability. In addition, foreign crews cannot be rotated within the Argentine territory and must remain on board. International vessel crews composed of Argentine nationals or residents must undergo antigen testing within 72 hours of returning to the country.
As far as air transportation, international air crews must also comply with the protocols defined by the national health authority and will have to travel within the country under the “bubble” mode, with strict supervision of the respective transport operators.
International air crews composed of Argentine nationals or residents will have to undergo antigen testing at least every 15 days or sooner if stipulated by the airline.
International transport operators are responsible for making all crew members and carriers comply with the regulation.
By provision of Administrative Decision No. 793/2021, compliance with the established requirements, as regards the requirement of testing for SARS-COV-2, is a condition for the validity of the circulation permits of the subjects covered by the provisions of Administrative Decision No. 342/2021 as from August 7, 2021.
The regulation also extended the suspension of direct flights to or from the United Kingdom of Great Britain and Northern Ireland, and direct flights from Brazil, Chile, Mexico and India. The National Civil Aviation Administration (ANAC) was authorized to extend this list of countries depending on how the epidemiological situation develops.
Finally, the ANAC, in coordination with the National Directorate of Migrations (DNM), will take the necessary measures to maintain a daily flow of incoming flights to allow orderly compliance with testing procedures. The same criterion will be applied with respect to international sea and river passenger transportation, maintaining two weekly international vessels. Argentine borders will remain closed until October 1, 2021, pursuant to Decree No. 494/2021.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.