ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, Espiñeira Maritime Lawyers
10. Additional Maritime or Shipping Issues 10.1 Other Jurisdiction-Specific Shipping and Maritime Issues All the main maritime matters regulated by Argentine law have been covered throughout this article; never - theless, the author would like to address the Law on the Development of the Argentine Merchant Fleet and Regional Fluvial Integration, in force since 29 Decem - ber 2017, which was enacted with the purpose of pro - moting the transport industry and the participation of Argentine ship-owners in the local market. Said act brought about the creation of the Special Registry of National Ship-Owners, which depends on the Undersecretariat of Ports, Waterways and Merchant Navy of the Ministry of Transport, in con - trast with the Registry of Onshore Personnel, which depends on the Argentine Maritime Authority. Those registered in this new registry can benefit from the advantages established by the Law on the Devel - opment of the Argentine Merchant Fleet and Region - al Fluvial Integration, among them, the reduction of obstacles to: • importing foreign vessels to incorporate them in an Argentine fleet (without paying import taxes); and • chartering foreign-flagged vessels and naval artefacts under bareboat charter contracts within a temporary import legal regime and having them considered Argentine-flagged to all effects, includ - ing operating on national cabotage during the char - tering period (ie, the vessel shall keep her foreign flag but she will receive “Argentine-flag treatment”). In addition, Argentina continues to review and update the regulatory framework applicable to the maritime sector, with the aim of modernising its legal regime and facilitating the shipping business. These measures form part of broader efforts to sim - plify procedures, reduce administrative burdens and improve efficiency in maritime and shipping-related activities, while promoting greater legal certainty and alignment with international trade practices. This pro - cess remains ongoing.
played an active role in the defence and promotion of international peace and security, human rights and sustainable development. Regarding international trade sanctions, Argentina generally follows the sanc - tions imposed by the UN Security Council, published by the Ministry of Foreign Affairs, International Trade and Worship. The decisions adopted by the Security Council are incorporated in domestic law according to the procedure set forth in Law 24,080 and its regula - tory decrees. With respect to the impact that the trade sanctions imposed by the international community due to the conflict between Russia and Ukraine may have in Argentina, it should be noted that it does not differ from the one observed in the shipping industry at large. Issues encountered include cancellations of voyages, shipments and bookings, as well as the need to issue letters of indemnity. When a specific cargo has been intended to be consigned to a Russian-related party or a Russian-related territory, delays and additional Argentina has not been shut off from the global eco - nomic consequences of the war in Ukraine, such as the increase in the prices of energy, agricultural products, minerals and fertilisers, and fuels, as well as higher rates for international transportation. Likewise, since Argentina is a notable exporter of agricultural prod - ucts, the interruption of trade with Ukraine and Rus - sia has given the country the opportunity to increase and expand its foreign commerce in these sectors of the economy. With regard to the non-performance of contractual obligations due to the war, depending on the circumstances of the case, the defence of force majeure could be invoked by the defaulting party in order to escape from liability. To date, there are no records of any final judicial decision in this regard. costs have been observed. 9.4 International Conflict
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