On November 1, 2024, Law 27,742 (the “Law”) was published in the official gazette, which amends the National Law of Administrative Procedures and introduces the mechanism of positive silence in administrative proceedings requiring authorization from the Public Administration.
It is established that, when a regulation requires an administrative authorization to perform an act and the Administration does not issue a resolution within the established term, it will be understood that the request has been approved. This measure seeks to reduce bureaucracy, streamline public administration and provide greater certainty to citizens.
Conditions for positive silence
By Decrees 695/24 and 971/24, the related procedures were regulated. Some key points are:
- Digital platforms must inform the requirements to obtain authorizations, resolution deadlines and the effects of positive silence.
- If documents or information are missing, the Administration will notify the interested party, suspending the term until the requested is completed.
- Positive silence will be configured if the Administration does not respond within the specific term indicated by each regulation or, in general, within 60 days from the completion of the procedure.
- Once configured, the interested party may manage the corresponding certificate or authorization, which must be issued within a maximum period of 15 days.
- Procedures covered by ARCA
Among the procedures reached by the positive silence are included
- Reduction of income tax advances.
- Certificates of non-withholding in Income Tax, VAT and Social Security.
- CUIT and CDI applications.
- Modification of certain administrative statuses of the CUIT.
- Registration in registries such as the Simplified Agricultural Information System (“SISA”) and the Importer/Exporter Profile.
Exempted procedures in ARCA
Excluded from the positive silence are procedures such as:
- Income Tax exemption certificates.
- Authorizations for reorganization of companies or commercial funds.
- Registrations and modifications in specific tax registries, such as: tax exemption certificates.
The Chief of Staff may update the lists of procedures covered or exempted according to the ARCA report.
These rules shall come into force according to the application dates stipulated by Administrative Decision 836/24. November 1, 2024 for the public administration and December 1, 2024 for decentralized agencies, including the Customs Collection and Control Agency (“ARCA”).
