Decree 260/2020 - Coronavirus emergency - Covid 19

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CORONAVIRUS
COVID-19

The sudden global spread of Covid-19 brings challenges to our normal everyday life and also has a significant impact on our clients’ business; their employees, contracts with customers, suppliers, consumers, regulatory issues and relationships with overseas companies, among others.

 To that end, our firm established a dedicated team composed by specialists in public and regulatory law, labour law and contracts to address the issues that this exceptional situation may cause to our clients’ business.

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March 12, 2020
DECREE 260/2020 - CORONAVIRUS EMERGENCY - COVID 19

 On March 12, 2020, the Executive Branch issued Executive Decree No. 260/2020 under the terms of section 99, paragraph 3 of the National Constitution. Through the samethe public emergency in health matters established by Law 27,541, due to the Pandemic declared by the World Health Organization (WHO), in relation to the Coronavirus Covid-19, is broadened.

 Declaration of public Emergency for one year. The decree is declared of public order, and will be in effect for a period of one year.

 The National Ministry of Health is appointed as the enforcement authority and it is vested with authority to implement a series of wide-ranging measures, including aspects related to the purchase of goods, equipment and supplies, the hiring of specialized personnel for the National Public Administration; in addition to the free of charge or onerous delivery of medicines, medical devices or items considered as sanitizers (section 2).

 The more relevant aspects of these measures are detailed below:

 Price ceiling. For certain products and supplies considered critical in the context of the aforementioned emergency (hand sanitizers, masks).

 Mandatory isolation for 14 days. Isolation is imposed for a period of 14 days on individuals who: a) have fever or certain breathing symptoms; b) have travelled to areas, regions or countries declared as “affected” by the pandemic; c) have been in contact with confirmed or probable cases of Covid-19 or who have medical confirmation of having contracted it; d) have arrived to the country in the last 14 days having transited all or some of the aforementioned affected areas; e) those who have arrived to the country from those areas are required to declare their travel history and undergo a non-invasive medical examination; f) non-resident foreigners who do not comply with said provisions and current sanitary measures, will be prevented from entering or staying in the country.

Obligation to report symptoms. The population is compelled to report symptoms compatible with Covid-19 to health institutions in each jurisdiction (section 8).

Suspension of international flights for 30 days. There is a temporary suspension of incoming international flights from areas declared as affected (China, Japan, South Korea, Iran, the United States and all the countries of Europe) for a period of thirty days. This period can be extended or abbreviated at the discretion of the enforcement authority (section 9).

Working conditions and special leaves. The National Ministry of Labor, Employment and Social Security will set the working conditions and special leaves of absence for those who are included in the cases subject to mandatory isolation.

Shutdown of museums, sports centers, gambling halls, public shows and massive events. Authorization is granted to decide the shutdown of museums, sports centers, gambling halls and other public places; and the suspension of public shows and massive events.

Setting of entry points to the country. The enforcement authority may set those corridors or entry points to the country; whether through air, sea or land, that it deems safe and suitable to deal with the emergency situation (section 16).

Fines and imprisonment for infringement. Any infringement of the described measures will give rise to sanctions that will be applicable according to the regulations in force and to the criminal rules that govern the responsibility of who spreads an epidemic which foresees imprisonment ranging from six months to two years (sections 205 and 239 of the Criminal Code).

To access the Decree, click here (available only in Spanish).

Should you need further information, do not hesitate to contact Francisco Gutiérrez, Melisa Romero and Esteban Carcavallo at [email protected]