Legal Summary COVID-19 Latin America: July 13, 2020
Consult the main legal changes caused by the coronavirus that have an impact on the legal sector. You can also review the summary of confirmed cases and deaths in Latin America here.
COVERAGE 7-13-2020
Mexico
The Federal Law for the Protection of Industrial Property, the Quality Infrastructure Law and a series of modifications to the Federal Copyright Law have been promulgated, in addition to the reform of the Penal Code.
For the fifth time, the suspension of deadlines for procedures involving the National Center for Energy Control (Cenace) is extended. The suspension will last until the health authorities confirm that there is no longer an epidemiological risk.
Peru
Martín Vizcarra announced the call for general elections for April 11, 2021.
Interprovincial travel (land and air) will resume this Wednesday, July 15; Restaurants will be able to start serving from next Monday the 20th.
The National Superintendence of Labor Inspection (Sunafil) published the protocol on the exercise of labor inspection within the national declaration of health emergency.
After Clorox Peru withdrew its Poett cleaner from the market due to bacterial contamination, Indecopi has requested information to serve affected consumers.
Through a ministerial resolution, the list of investment projects of the manufacturing industry was modified, which are subject to the National Environmental Impact Assessment System.
The Ministry of Health approved a technical standard to determine criteria for the promotion of pharmaceutical products and medical utensils.
Argentine
The National Securities Commission, with general resolution 843, established five business days as a minimum term for holding accredited negotiable securities. After this period, they can be sold with foreign currency as long as they come from transfers from entities located abroad.
The Central Bank of the Republic announced the changes and adaptations to the tax restrictions for imports of goods through Communication "A" 7068.
A prosecutor determined that the work protocol presented by the Bar Association of the Federal Capital in May in an amparo must be followed. The proposal contains the request that lawyers be allowed to circulate to be able to go to their offices.
Chile
In a historic decision, the withdrawal of 10% of the funds deposited in pension fund administrators due to the coronavirus crisis was approved. This July 15 will be voted individually. La Moneda analyzes reversing the decision with a counterproposal.
Advances the bill that prohibits clinics from raising the costs of plans or reducing the benefits of user plans during the duration of the health emergency.
After receiving a complaint about the appointment of lawyers to mediate civil cases by two judges, the plenary session of the appellate court has decided to open an internal investigation.
Colombia
Social isolation will be mandatory until August 1st.
As a measure to support tourism and air transport companies, the term for these sectors to pay their parafiscal contribution was extended until December 30, 2020.
Bolivia
Jeanine Áñez Chávez, President of Bolivia; Yerko Núñez, Minister of the Presidency; Heidy Roca, Minister of Health; Jorge Oropeza, Minister of Mining; Óscar Ortiz Antelo, Minister of Economy and Public Finance, and Foreign Minister Karen Longaric Rodríguez have tested positive for coronavirus.
For small and medium-sized companies, a soft loan has been opened to reactivate the economy.
Costa Rica
As of this Monday, July 13, and until Sunday, July 19, judicial offices classified as at risk (identified with the color orange) and the National Registry will remain closed.
El Salvador
The entry into force of the Special Law for the regulation and installation of nurseries for workers' children was postponed. The law was expected to enter into force on June 16, however a transitory article has been established so that its validity begins on January 1, 2021.
COVERAGE 7-6-2020
Chili
The Regulation that establishes the Specific Conditions of Safety and Health at Work was published in the Official Gazette. This delimits the responsibilities that employers have regarding the risks in teleworking or remote work. It also establishes the obligation for employers to identify the risks and dangers of this type of work, through self-assessment instruments.
The Ministry of Finance and the Internal Revenue Service refused to suspend VAT on essential products. According to the response given to the deputy Sofía Cid, there is difficulty in establishing costs and it generates collection problems.
The government of Sebastián Piñera announced more measures for vulnerable groups, including a COVID-19 credit for the middle class. In this way, mortgage loans can be postponed, zero-rate loans will be granted, and the rental subsidy will be expanded.
This Wednesday, July 8, the Chilean Congress will analyze the rescue of funds from the Pension Fund Administrators and will vote so that affiliates can withdraw capital to survive the pandemic. For its part, the Superintendence of Pensions published the new maximum commissions that can be paid from the pension funds.
Peru
Congress approved ending the right to immunity for the Executive and the magistrates of the Constitutional Court and for the ombudsman. When ratifying the norm to eliminate parliamentary immunity, the opening of criminal proceedings for common crimes committed during the legislative mandate was left to the discretion of the Supreme Court of Justice. This constitutional reform includes the new mechanism for the election of the magistrates of the Constitutional Court.
The emergency decree was published to boost investment by regional and local governments, along with other measures designed to combat the health emergency.
Resolution 113-2020 of the National Superintendence of Customs and Tax Administration establishes the rules for the deferral and fractionation regime of tax debts.
Indecopi requested technical information from the Ministry of Production to evaluate the safeguards on imports of textiles and clothing, considered insufficient.
Colombia
International trading companies are allowed to transfer certain merchandise to ports and warehouses without paying obligations. The measure will be in force for six months.
Bogotá and Bancóldex expanded their business support credits, through Bogotá Responde; Create and Grow. The objective is that these funds are used by mypes and for the digital transformation of businesses.
A court in Bogotá granted guardianship to a group of people over the age of 70 so that they can go out to exercise. The sentence indicates that the Government discriminated against this group because of their age.
Argentine
The country extended preventive and mandatory social isolation until July 17.
Modifications to the Labor Contract Law are discussed in the Argentine Congress to regulate teleworking. The modifications contemplate the right to disconnection, the obligations of employers and the guidelines for collective bargaining.
A reform on urban locations has been introduced in the Civil and Commercial Code of the Nation. In this, obligations of the parties, guarantees, renewal, adjustments of the rental fee and methods of conflict resolution are indicated.
Mexico
This Monday, the Mexican Institute of Industrial Property restarted its activities.
The Economic Competition Commission (Cofece) and certain organizations presented before the Chamber of Deputies a bill on acquisitions, leasing and public sector services. This initiative also proposes the creation of a public procurement system.
Brazil
On July 20, the Government of São Paulo will begin phase 3 of the human tests of the vaccine against the new coronavirus, called CoronaVac. This drug has been developed by Sinovac, based in China, and is one of the most promising in the world.
The United Nations Rapporteurship on the right to education denounced the dismantling of public policies in Brazil and warns that austerity policies have caused the response to face the pandemic to be insufficient.
COVERAGE 6-29-2020
Peru
The country says goodbye to mandatory social isolation, as of July 1 there will be no more quarantine. Although the curfew will be maintained from 10:00 p.m. to 4:00 a.m.
There has been, once again, a struggle between Congress and the Executive. After the discussion that took place during the week about the inaccessible prices of private clinics for patients infected with COVID-19, the Government agreed to provide close to 15,600 dollars for each patient who had public insurance, regardless of the number of days of treatment . Meanwhile, Congress approved a rule for the Ministry of Health to dispose of biomedical equipment from these clinics when there is a "high risk of damage to health."
The legislative body has also approved the freezing of interest on debts for up to three months. This proposal includes a provision so that at least 50% of the credits of the Reactiva Peru program are delivered to small and medium-sized companies. In this sense, the Government published this Monday modifications to the Reactiva Peru regulation to improve access to the program.
The discretionary power has also been approved to not determine or penalize infractions of the General Customs Law seen by the National Adjunct Superintendence of Customs.
Mexico
This June 30 begins the extraordinary period to discuss the pending laws of the T-MEC. In this context, the agreement on environmental cooperation between the governments of North America has been approved in commissions. The Industrial Property Law has also been repealed, so the Federal Law for the Protection of Industrial Property is already in force.
The State of Nuevo León will punish any citizen who, having been diagnosed with COVID-19, fails to comply with home isolation with up to three years in prison. The reform to the State Penal Code was approved last week and comes into force this Tuesday.
Colombia
The Senate approved the bill that reforms the Code of Administrative Procedure and Administrative Litigation. It also endorsed the amnesty for the payment of traffic fines and the possibility of signing payment agreements for these debts.
Recently, a health protocol was established for the activities of the media and the cultural industry.
Colombia is preparing for its next two days without value added tax that will take place on July 3 and 19. The recommendation has been issued not to sell household appliances in person, but to schedule the delivery of these products within two weeks of their sale.
Ecuador
The state of exception for public calamity and economic emergency was extended for an additional 60 days.
Next July 6th is the deadline established by the National Emergency Operations Committee for residents of Quito and Guayaquil to take the COVID-19 test before flying. Until this date, only those who have a negative test carried out 72 hours before boarding the flight can travel. After July 6, the tests will be done randomly at the airport of origin.
Guatemala
The state of calamity has been extended; It will be valid until August 5.
Honduras
Given the increases in contagion, the first phase of economic reopening was suspended. Traffic restriction and price stabilization measures are maintained.
Since his hospitalization for COVID-19, President Juan Orlando Hernández published the Law for Aid to the Productive Sector, which extends the tax declaration of small and medium-sized companies, inactive due to the pandemic.
The National Bank and Insurance Commission has enabled an electronic window to receive paperwork documents.
The migration measures established since the beginning of the state of emergency, which contemplates the extension of authorized legal stay periods, have been extended.
COVERAGE 6-22-2020
Brazil
The Brazilian Bar Association (OAB) plans to speed up the impeachment request for Jair Bolsonaro in the coming weeks after the arrest of 21 of his collaborators. The arrest of Flávio Bolsonaro's former assistant, Fabrício Queiroz, at the home of the Bolsonaro family lawyer, Frederick Wassef, and the prisoner's connections with the militias revealed the "bottom of the well" in which Brazil finds itself, according to the directors of the entity. The deliberation of the issue will be in August.
This Monday, June 22, Jair Bolsonaro said that the government will negotiate with Congress a new amount for the fourth and fifth deliveries of emergency aid. The president also emphasized that it will not be possible to maintain the aid of 600 reais per month for informal workers.
El Salvador
President Nayib Bukele requested the Constitutional Chamber of the Supreme Court and the Legislative Assembly to return constitutional guarantees to decree urgent sanitary measures in the face of the pandemic.
After a controversial purchase of face shields for $250,000, in which possible acts of corruption are accused, Bukele dismissed the head of the Environmental Fund, Jorge Aguilar.
Congress approved the use of the entire Fund for the Economic and Social Development of Municipalities: 75% will be used to clean public spaces and 25% to pay salaries and credits.
The project for the economic reopening of El Salvador, consisting of five phases, was launched. First, the biosafety protocols of the companies will be evaluated.
Honduras
The Central Bank established modifications to the agreement by which small and medium-sized companies have access to the guarantee fund for their reactivation. Obligations to intermediary financial institutions, credit conditions and the collection of guarantee commissions were added.
Costa Rican
From August 1, cross-border digital services will pay 13% value added tax. The collection will be made directly by the provider or through card issuers.
A bill to reform the labor law has been presented to boost the tourism sector due to its effects on COVID-19. By means of an emergency declaration, the employers will be able to have the Monday days of each week for the obligatory enjoyment of vacations, which will be given depending on the balance of days available for each worker, but it cannot be applied to the same employee more than once. per month. This measure may be extended during the duration of the emergency.
Peru
With the publication of Supreme Decree 110-2020-PCM, Peru provides for the opening of 26 more economic activities: leather tanning; manufacture of suitcases and bags; manufacture of rubber tires and tubes; playback of recordings; stone finishes; production of precious and non-ferrous metals; manufacture of computers and electronic, radiological and electromedical equipment, among others.
24 hours after adjusting the 100 days of mandatory social isolation, some shopping centers returned to their activities, with biosafety protocols.
The National Superintendence of Public Registries authorized the use of QR codes in the obituaries for the liquidation of property titles.
Argentine
The Federal Administration of Public Revenues, the Argentine tax collection agency, will gradually open its offices.
The suspension of the collection of charges in ATMs will remain in force until next September 30. Until that term, the prohibition of punitive interest on unpaid credit amounts will also be in force.
Finally, the suspension of the closure of bank accounts and their disqualification will remain until December 31.
Colombia
The Superintendence of Industry and Commerce resumed on June 16 the terms of the administrative sanctioning and disciplinary actions, the procedures for requesting the renewal of distinctive signs and the payment of maintenance fees for new creations.
The Ministry of Health has defined a maximum fee for intensive care unit services. With Resolution 914 of 2020, it is established that patients, regardless of whether they have an agreement with the health promoting entity and the hospital where they are treated, will be able to access this care.
COVERAGE 6-15-2020
Argentine
The Government established social distance by areas according to a parameter scheme according to the health capacity, the phase of community contagion and the doubling time of confirmed cases. The expropriation of the agro-export company was also announced in order to save it from a possible bankruptcy.
The National Securities Commission extended the term for the presentation of financial and accounting statements, both intermediate and annual, for all entities.
The suspension of administrative terms, including the National Institute of Intellectual Property, has been extended until June 28.
Mexico
The Federal Judicial Council, in a historic agreement, announced that all trials of the Federal Judiciary may be processed online and through the use of videoconferences. It is the agreement 12/2020 was issued on June 8.
The ruling party proposes to merge the Federal Telecommunications Institute (IFT), the Federal Economic Competition Commission (Cofece) and the Energy Regulatory Commission (CRE). Among the reasons, the reduction of the burden represented by complying with the powers of competition stands out.
On June 11, the agreement by which the National Copyright Institute extended the suspension of activities until further notice was published in the Official Gazette of the Federation.
Chili
The Government changed the labor safe-conduct system, now a new format is in force to obtain the “sole collective” permit to work.
The Executive and the Legislature reached an agreement to create an extraordinary fund of 12,000 million dollars to finance the health emergency for up to two years. In addition, an increase in emergency family income was agreed.
The head of the Ministry of Health has been changed: Jaime Mañalich says goodbye to the post and Enrique Paris takes over.
Colombia
On June 13, the regulation of Legislative Decree 560 was published, which establishes an express procedure for companies that are in a situation of insolvency. In this way, the Colombian Executive establishes a rescue for debtors affected by the pandemic crisis and establishes extraordinary mechanisms for economic recovery such as early payment of small creditors in the process of business reorganization or recovery in chambers of commerce.
Decree 822 was also published, which modifies the regulations of the agricultural, fishing and rural development administrative sector. The modifications are related to the improvement of housing and basic sanitation of the family subsidy for social interest housing.
Peru
The Executive announced the resumption of operations of shopping centers. It has also communicated that the "Start Peru" program is created, which aims to create one million jobs. It was also announced that companies from the United Kingdom and Northern Ireland will be in charge of carrying out works in the north of the country.
Congress approved penalizing the hoarding of goods and services and price speculation and adulteration in disaster areas. With this, the Criminal Code and the Consumer Protection and Defense Code will be modified.
COVERAGE 6-8-2020
Mexico
The Ministry of Finance and Public Credit extended the term for fintech companies to carry out all the procedures that have been imposed on them with the new relative law.
On June 1, the latest reform to the Value Added Tax Law came into force. Among its changes, a digital tax was established that taxes digital services at 16%.
Peru
The Government approved the Legislative Decree creating the Accelerated Bankruptcy Refinancing Procedure. This is intended to ensure the continuity of the payment chain.
The regulation issued by Congress on the suspension of toll collection has been left in the hands of the Constitutional Court. This June 9, the ruling on the constitutionality of the norm is expected.
For the construction sector, a ministerial resolution has been published confirming the start of activities of Phase 2 of the Resumption of Sanitation and Drainage Activities.
The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) announced that it will continue its administrative procedures through electronic means, so that any person who has open processes must authorize notifications through email electronic.
The regulations of the Cultural Heritage Law have been modified. Now public or private works may be carried out on properties considered cultural heritage. In addition, it will be possible to withdraw this denomination and intervene in the assets.
After the questioned hiring of singer Richard Cisneros for more than $8,700 to give motivational talks in the context of the pandemic, Sonia Guillén, who was Minister of Culture, resigned from her position. In her place, Alejandro Neyra was appointed while the investigations of the Anti-Corruption Prosecutor's Office continue.
Chile
The law that prohibits cutting basic services during the pandemic is still under discussion. Last Friday Congress debated the proposal for more than 10 hours and the debate has not come to an end.
The Senate approved a law that would force telecommunications companies to share their networks to expand connectivity in rural areas. This project has been named National Automatic Roaming.
The Financial Market Commission proposed changes for the constitution of technical reserves of life insurance companies, as well as a reform to change the method of calculating the adequacy of assets.
CColumbia
Legislative Decree 722 has been published, establishing special measures in insolvency proceedings. This standard seeks to protect both employees and companies.
The mandatory isolation will remain in force until July 1, 2020, for which the terms in the Judiciary will continue to be suspended. The health emergency is maintained until August 31.
With Legislative Decree 817, simplified stock companies may be registered in the National Registry of Securities and Issues, which authorizes them to obtain debt securities in the public stock market.
Brazil
The Ministry of Health has removed accumulated data on the number of people infected and killed by COVID-19 from the official pandemic website. Since Saturday June 6, the portal shows only the results of the last 24 hours. The change follows the same protocol that was adopted for the daily disclosure bulletin. Brazil already exceeds 35,000 deaths and 659,000 confirmed cases of coronavirus.
The cities of Rio de Janeiro and São Paulo are home to the largest anti-racist and anti-government demonstrations against President Jair Bolsonaro. Protests were also made with "pots" and "horns" in several capitals.
In Rio, criticism of the military police and the government were the main targets of the protesters. In São Paulo, criticism of the negligence of the federal administration in the fight against the new coronavirus pandemic, the measures considered authoritarian by President Jair Bolsonaro and the deaths of black people caused by the police stood out.
GUatemalan
The Ministry of Health has published the strategy to open the country. Through Ministerial Agreement 146-2020, technical criteria are established such as an increase in the technological capacity of the Ministry of Health and a greater flow of information and contact tracing to identify and control new outbreaks. There will also be an expansion in the testing application.
The Savior
President Nayib Bukele has vetoed the legislative decrees on the economic reactivation of the country and the suspension of judicial and administrative deadlines. The Government considers that both are too flexible and could be counterproductive. Likewise, a labor reform has been approved in order to regularize teleworking.
COVERAGE 6-1-2020
Costa Rica
The Government, together with the World Health Organization, launched the COVID-19 Rights Repository, a platform to share information, intellectual property and facilitate equitable access to life-saving health products in the context of the pandemic. Nobel laureates Joseph Stiglitz and Jacques Dubochet have supported this initiative.
The country enters its phase three of sanitary measures. Hotels, restaurants and museums will be able to operate at 50%. Event rooms will be able to function with 30 people and public institutions will continue to work with basic staff for 10 hours, 4 days a week.
A bill has been proposed so that the Ministry of Finance does not force financial entities to process credit or debit card payments and make withholdings or advance taxes for the amount paid in order to increase the cash flow for businesses.
Colombia
The Constitutional Court declared Decree 476 partially unenforceable by which powers were conferred on the Ministry of Health and the National Institute for Food and Drug Surveillance to make procedures for importing medicines and health utensils more flexible. The reason for the resolution is that these administrative units should not intervene with general rules. With this, the Ministry will have three more months with these extraordinary powers. Transportation was also resumed and taxi services are extended, but they must maintain biosecurity measures.
Peru
The National Superintendence of Public Registries will issue, starting next week, literal certificates of registry items with electronic signature and verification code. For this you will use the online registration advertising service. National airports have approved a biosecurity protocol to restart their activities at 30% of their capacity.
Chile
Congress published the law that modifies the employment protection regulations on social security contribution payments. In addition, the prohibition of dismissal has been established while the suspension of the employment contract remains in force.
The airline Latam received its first class action lawsuit promoted by the National Corporation of Consumers and Users (Conadecus) before the bankruptcy process that began in the United States. The organization requests the application of the fines in accordance with the Consumer Protection Law, for which the sanction is expected to exceed 3 million dollars. In addition, the payment of 367 billion dollars is expected for compensation to the affected users.
Mexico
The country begins the process of economic reactivation. The Federal Government determines the level of opening for each region according to the level of health alert that is related to the number of confirmed coronavirus cases.
The National Banking and Securities Commission announced the suspension of deadlines for hearings; formalities and procedures; obligations of the Ministry of Finance and Public Credit regarding the prevention of operations with resources of illicit origin and financing of terrorism.
Brazil
The country recorded the highest number of new COVID-19 cases and deaths in the world in the past seven days. According to data from the World Health Organization (WHO), there were 6,821 deaths in the last week compared to the 6,777 registered in the United States. In terms of new cases, Brazil also led with 151,000 cases. The WHO rules out any forecast about when the peak of infections will be reached.
The military leaders of the government see "excesses" in the decisions of the Federal Supreme Court. The members of the Government criticize the individual measures of the ministers, but believe that the Supreme Court can reduce the crisis.
Argentine
The Government issued two regulations that stem from the Consumer Defense Law. Resolution 137/2020 opens a conciliation system via electronic means. For its part, Resolution 139/2020 offers a list of “hypervulnerable” consumers to be taken into account in future claims with preferential treatment.
In this sense, claims that involve the interests of infants, members of the LGBTI+ community, people over 70, people with disabilities, migrants, people in rural environments, residents of poor neighborhoods, retirees, pensioners, will be causes of hypervulnerability. monotributistas, pregnant and unemployed.
COVERAGE 5-25-2020
Ecuador
This Monday the Ecuadorian economy was reactivated for barely a third of the country. 38 of the 221 Ecuadorian cantons turned yellow at their contagion risk traffic light.
The entry into force of the Humanitarian Law unleashed face-to-face demonstrations in the cities of Quito and Guayaquil. Students and teachers called for the march considering the provisions of said law unconstitutional, since, among other things, it establishes a reduction in the higher education budget.
In the presentation of his report to the nation, the President announced that a contribution will be imposed for those who earn more, to face the crisis in the country due to the effects of COVID-19.
Guatemala
After rejecting the presidential veto against Decree 15-2020, proposed by the Legislature, the deadline for its publication is met. This decree has caused quarrels in the powers, its purpose is to guarantee the continuity of basic services, even without payment for them.
The purpose of this decree is to support small and medium-sized companies. It has been provided in it that late fees, interest or administrative expenses may not be applied, as well as penalties. For users who do not have the ability to pay, the option to create agreements of up to 12 installments has been enabled.
In parallel, the National Mortgage Credit (CHN) has made loans available to companies that provide these basic services.
Subsidies have also been released for educational centers, for the payment of payroll and salaries.
Peru
Mandatory social isolation has been extended once again until June 30, this time with the release of certain sectors such as the metal-mechanic industry, construction, restaurants, professional services of computer systems, chemical substances, industrial fishing, agricultural supplies, textiles, clothing and footwear but must work with the delivery modality. Districts prepare to authorize operating licenses online. The Government also opened the possibility for hairdressers to work at home.
Congress approved a law to declare an emergency in the health sector for one year, in this way it will be the Legislative body and not the Executive that is in charge of the comprehensive reform for the sector.
According to the Vice Ministry of 'Mype' and Industry, home delivery service companies must contract private insurance for their workers against possible contagion.
Aside from the COVID-19 measures, it has been announced that the Free Trade Agreement with India is moving forward.
Argentine
The country enters a new quarantine phase. Greater restrictions have been imposed to travel through the streets. Only those who have to perform basic tasks or are working within the permitted sectors may process circulation certificates.
The "Global Program of Solidarity Financial Trusts" aims to provide financial assistance to the public sector at its different levels of government: municipal, provincial and national. This will be possible through the "Solidarity Financial Trusts", created by the National Securities Commission.
Chile
The President promulgated a constitutional reform to reduce parliamentary allowances and civil servant salaries.
The Mixed Commission approved the extension of the Presidential Public Account to July 31. In addition, the bill that allows the Plenary Congress to function remotely after the sanitary quarantine or a state of constitutional exception has been declared is advancing. The real estate co-ownership law is also still under discussion, by which the administration of condominiums will be modified.
The Ministry of Finance announced that it is working to present before Congress a bill to expedite access to financing in the capital market for large companies.
Brazil
A video of the ministerial meeting on April 22, in which former Justice Minister Sérgio Moro says that Jair Bolsonaro pressured him to change the command of the Federal Police, sparked criticism of the president's position and amplified a bad relationship of the Government with the highest instance of the Judiciary and gave ammunition to the opposing parties to defend the opening of an impeachment process.
The video is considered a key piece in the accusations made by Moro. Among the threats, crimes and blasphemies, the images show the executive director asking for changes in the Government and putting pressure on Moro and the other auxiliaries. Several extracts and speeches were controversial and had bad repercussions throughout the country and also in the international press. The Minister of the Environment, Ricardo Salles, suggested that the Executive should take advantage of the press attention on the new coronavirus pandemic to approve "infralegal reforms of deregulation and simplification" in the area of the environment and "start the cattle". Measures like this facilitate deforestation in the Amazon and reduce the punishment for criminals. Education Minister Abraham Weintraub, on the other hand, called Federal Supreme Court (STF) ministers vagrants and defended sending them to prison. In the video, Weintraub also says that he hates the terms "indigenous people" and "gypsy people."
COVERAGE 5-18-2020
Chile
Protests continue in the country.
Given the rise in cases of contagion, mandatory social isolation was decreed for 38 communes in the metropolitan region.
This May 18th is the deadline to receive comments on the regulation proposed by the Superintendency of Pensions, which will allow the Pension Fund Administrators (AFP) to indirectly finance small and medium-sized companies, in titles representing gold. For SMEs too, the Government announced funds with a State guarantee.
The Central Bank of Chile requested a flexible credit line for 23.8 billion dollars from the International Monetary Fund, to ensure liquidity. In addition, through a technical feasibility study, the Central Bank and the Central Securities Depository (DCV) have been given the go-ahead to issue crypto bonds through blockchain; however, legal grounds are still needed to be able to act.
To protect the labor rights of the workers of Latam Airlines, a project to declare the airline of national interest has been presented to Congress. In Brazil, Latam Airlines considers bonds convertible into shares.
The Falabella and Cencosud consortiums will cut staff.
Acciona Capital, a Chilean financial company that also operates in Peru, is injecting liquidity to small and medium-sized real estate companies with purchases of apartments with immediate delivery.
Argentine
The Executive Branch extended the suspension of deadlines for administrative processes until the 24th of this month.
The Ministry of Health issued a resolution approving ethical and operational guidelines to evaluate the accelerated ethics of research in human beings, related to COVID-19.
By means of a resolution of the General Inspectorate of Justice, it was communicated that the Department of Corporate Law established an extension of the suspension of deadlines to reply to all visits and transfers, in addition to the submission deadline for compliance with the information regime.
There is also suspension of deadlines in tax matters, litigation and intellectual property.
Peru
The progress towards digitization was unblocked by annulling a provision of the General Administrative Procedure Law. This required the presentation, physically, of the documents submitted virtually. Legislative Decree 1497 establishes the possibility of receiving official notifications through electronic means.
It has been communicated that health benefits continue for workers in perfect suspension of work.
The government made changes to the law that controls company mergers. It extended the effective date until March 1, 2021. In addition, it created the Accelerated Bankruptcy Refinancing Procedure to reschedule owed obligations.
In terms of infrastructure, according to Legislative Decree 1486, new contracts for the execution and supervision of works must include an automatic suspension clause.
In the hydrocarbons sector, the Registry of Easements granted in favor of contractors was implemented.
Good news for restaurants, they will be able to open as long as they are registered with the National Superintendency of Public Registry and their sales reach 175 dollars. In addition, the Miraflores municipality allowed restaurants and bakeries to change their line of business to become groceries; prior authorization.
This May 19 ends the extension of the suspension of terms of the Labor Inspection System and administrative procedures of the National Superintendence of Labor Inspection (Sunafil).
The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) received more than 300 applications for its special competition for invention patents to combat COVID-19.
Mexico
The Ministry of Health established technical guidelines for health safety in the workplace.
The country joins the use of the risk “traffic light”. In this phase three, schools, public space and economic activities, except for essential ones, will continue to be suspended.
Brazil
The interim Minister of Health, General Eduardo Pazuello, in his speech before the General Assembly of Health, organized by the WHO, said that there is "dialogue" with the states, that the Government supports the most affected places and presents a structure to respond to the crisis. The Assembly was marked by criticism from the UN against governments that did not listen to the recommendations of the WHO. Ignored by international alliances, the Brazilian government uses speech to say that it is willing to be part of the projects. The explosion of cases, Bolsonaro's criticism of the WHO and the pressure to reopen the economy were stifled at the meeting discussing solutions amid the global pandemic.
Several Brazilian cities already carry out the practice called lockdown, to try to increase social isolation, which currently stands at 45%, well below the 70% necessary, according to authorities. The blockade is already taking place in some capitals, such as São Luís in the state of Maranhão and Belém in the state of Pará. The isolation is expected to be adopted in the largest cities, such as Rio de Janeiro and São Paulo in the coming weeks.
Columbia
The Executive created a program to support formal employment to preserve jobs. Companies that prove a decrease of 20% in their income, in addition to having been established before January 10, will be able to access this benefit. Through the "Colombia Responde para Todos" program, liquidity tools are offered to sustain companies and preserve employment. Natural and legal persons will benefit, including small, medium and large companies. The agricultural sector is not within the benefits.
The Superintendency of Industry and Commerce ordered the suspension of the procedures associated with the Single National Transit Registry, which required biometric validation through the use of a physical fingerprint.
The Ministry of Health and Social Protection ordered that companies must develop strategies to monitor the health of workers over 60 years of age and workers with pre-existing diseases.
El Salvador
The Legislative Assembly approved two laws: the first to file tax returns without fines, interest or surcharges. The second is to guarantee the necessary training and equipment for doctors to face the pandemic.
Honduras
The Government extended the absolute curfew until next Sunday, May 24 at 11 p.m. Only citizens can move according to their document number, segmented by days. Basic services will remain open.
Costa Rica
The General Directorate of Migration and Aliens announced that it will not receive any new request for legal stay, under any category, until July 18. The validity of documents whose term expired on March 17, have an automatic extension until September 18.
Until May 31, the daytime vehicle restriction will continue. From Monday to Friday from 5 a.m. Until 10 o'clock p.m. they can only circulate according to the fingering of the plates.
The Government announced the creation of a special fund to provide cheap loans to citizens, with preferential rates. As well as a short-term public investment portfolio that is expected to generate 109 thousand potential jobs.
20 rooms are enabled up to 50% of the capacity of motels.
12 national parks and one private reserve will open to the public with admission at 50% capacity. The beaches will be able to open from Monday to Friday from 5 a.m. to 5 p.m. to 8 a.m.
The creation of a program for exporting SMEs or those with the potential to export was announced, in order to attract investment and new business. The Government also informed the impulse for the cultivation of hemp, to attract investment to the country.
COVERAGE 5-11-2020
Peru
The first stage of the economic reactivation has arrived, its application is only for Lima. Last Thursday, the operation of 208 e-commerce, restaurant and textile and clothing companies was allowed. The state of emergency will remain at least until May 24.
The sanitary operating protocols for COVID-19 and the territorial targeting criteria established for e-commerce companies to restart their activities have been published.
Among the requirements are that the companies be formal, registered with the National Superintendence of Public Registries (Sunarp) and with the Single Taxpayer Registry (RUC). It is also required that they have an annual sales invoice for amounts greater than 876 thousand 680 dollars and have more than two commercial premises; amount not less than 2% of its annual sales of 2019 in the case of digital platforms and use specialized home delivery services.
The Executive published a legislative decree for civil servants to work remotely, from their homes, until the end of the year. By this decree, public workers may be provided with computer equipment, mobility and personal protection equipment; as well as their health will be monitored, their working hours can be reduced and their work schedule modified. Assistance shifts are established at the work center in combination with remote work.
There are new provisions to provide facilities to workers who have family members affected by the coronavirus.
The amount to launch the Reactiva Peru program was extended, up to an additional 17,650 million dollars to help companies affected by the mandatory quarantine.
The Superintendence of Banking, Insurance and Private Administrators has published the operating procedure to withdraw funds from the private pension system.
Through the Guarantee Program of the National Government to the Companies of the Financial System, it is intended to cover the loan portfolio of these entities. The Ministry of Economy has authorized more than 2,045 million dollars for this plan.
The National Superintendence of Customs and Tax Administration updated its measures for COVID-19. One of them is the regime of deferral and fractionation of tax debts. There is the special regime that modifies depreciation periods for certain assets.
By decree, mining companies will have until September 30, 2020 to prove their production or minimum annual investment, the penalty payments and the payment of validity rights. For the construction industry, the Government approved a rule to optimize the execution of public investment in municipalities, regional governments and at the national level.
Cthread
The Executive vetoed the bill approved by Congress on the monthly bonus to support families in a vulnerable economic situation. The text approved by Congress did not contain amounts, which is why the president entered an observation to be corrected. The claim is that the bonus reaches 60% of families living with informal income and for those over 70 years of age. The veto goes in that direction, so as not to leave that population unprotected.
The COVID-19 credit line for SMEs has been operational since last week. Loan amounts are equal to three months of your sales.
The Tribunal de Defensa de la Libre Competencia de Chile (TDLC), through decision 21, sought to speed up the procedure to check the validity of collaboration agreements between competitors on goods and services. It should be noted that it is not necessary to conclude the procedure to start executing them; it will be its continuity that suspends the resolution.
CColumbia
The Ministry of Finance and Public Credit issued a legislative decree to create the formal employment support program. Through this, the Government will deliver a monthly contribution to the affected companies in the months of May, June and July. It is a subsidy for the payroll of companies with income reduced by up to 20% due to the effects of COVID-19.
The Directorate of National Taxes and Customs established the guidelines to make the electronic notification of administrative acts operational. It issued a resolution that provides guidelines on billing: billing systems, registration of the electronic sales invoice as security and technological providers.
The Ministry of Health published modifications to the integrated form for liquidation of contributions to allow the reduced payment of these to pensions during April and May. The contribution rates to the system can be 3% or 16%, in addition there is a special rate.
Mexico
In six states, vehicle restrictions were implemented to reduce the mobility of people in the context of the pandemic.
The rules for granting loans to workers entitled to the Institute of the National Housing Fund for Workers were published in the Official Gazette of the Federation.
The National Center for Energy Control published an agreement suspending pre-operational testing and imposing limits on the transmission of photovoltaic and wind power plants. In addition, it makes possible the promotion of means of defense for the affected companies.
The Mexican Social Security Institute issued the agreement authorizing the issuance of pregnancy status certifications and the issuance of maternity leave from digital platforms. Although it is necessary that the insured go to the medical services for control. This same institution authorized the issuance of a special permit for contingencies, on temporary work incapacity and to determine the discount of employer-worker contributions under the terms of the social security law.
The non-business days were also announced for the purposes of acts and administrative procedures under the jurisdiction of the Secretariat of Agrarian, Territorial and Urban Development, both in central offices and in those of representation in the federal entities. In addition to procedures and services provided by the National Agrarian Registry and the General Agrarian Archive to prevent the spread and transmission of the COVID-19 virus.
Brazil
President Jair Bolsonaro issued a decree on Monday that includes gyms, beauty salons and hairdressers on the list of essential services. The intention is that these categories are affected in decrees of governors and mayors that restrict movement. Last week, the president had already included construction and industrial activities on the list. Bolsonaro's decree makes a reservation that "the determinations of the Ministry of Health must be obeyed."
The Savior
The Legislative Assembly approved the Regulation Law for Isolation, Quarantine, Observation and Surveillance, by COVID-19. Its application is for people infected with the virus.
The Ministry of Health issued a decree to establish the mobilization of officials and private companies (it will depend on the termination of their identity number) that will be in force until May 21. It also published the technical guidelines for caring for people in containment centers and hospitals.
With information from Von Wobeser; Basham, Ringe and Correa; Miranda & Loved; Estudio Payet, Rey, Cauvi, Pérez Abogados; Alessandri Abogados and Legal Consortium.
COVERAGE 4-27-2020
In several countries, mandatory social isolation has been extended. In Peru and Argentina it will be until May 10; in Colombia until May 11. In Ecuador and Chile, the “new normal” is expected to begin next week.
Peru
An emergency decree was published in the Official Gazette establishing extraordinary measures to reduce the impact of mandatory social isolation on the fiscal situation of local governments. With the injection of 91,551 million dollars, it is intended to guarantee the continuity of services to attend to the health emergency.
The Peruvian Executive granted powers to the Supervisory Agency for Investment in Energy and Mining (Osinergmin) to establish exemptions from compliance with obligations regarding the commercialization and safety of hydrocarbons in order to guarantee supply.
The Presidency of the Executive Council of the Judiciary authorized the processing of the electronic judicial file remotely during the emergency period. The operators of the Judiciary that use the electronic judicial file use digital signature software and digital certificates, both accredited by the Commission for the Management of the Official Infrastructure of the Electronic Signature of Peru (IOFE) of the National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi).
Ecuador
President Lenín Moreno partly delegated to the mayors of the cities the responsibility of deciding measures depending on their context. To do this, he implemented a kind of alert traffic light to distinguish if a city is at serious risk from COVID-19.
When a place is distinguished with the color red, it will have to adopt measures as provided by the national government. The yellow color will be an indicator to resume work at 50%, even shopping centers will be able to operate at 30% as well as public transport.
With the color green, work activity will be allowed at 70%; businesses may have 50% capacity and that same percentage will be used for public transport.
Chile
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Sebastián Piñera announced his gradual plan to return to the “new normality”. This considers the reopening of shopping centers, the return to classes and face-to-face work activity.
Another controversial announcement by the Chilean president is his consideration of rescheduling the plebiscite for the second time. Both measures have generated discomfort in society; the protests have resumed.
Colombia
Judicial terms will now remain suspended until May 10. The exceptions are for the actions of protection and habeas corpus, also for the actions of the Constitutional Court on the presidential decrees.
The Administrative Courts and the Council of State will continue to review the legality of the presidential decrees issued in the midst of the contingency.
Brazil
The number of burials in the city of Manaus, one of the most affected by the pandemic in Brazil, has quadrupled in recent days, according to the Urban Cleaning Secretariat. Many people die inside the houses.
In the district of Brasilândia, in the northern part of São Paulo and one of the most populated in the city, the number of deaths increased by 50% in the last week. The growth indicates that Covid-19 is beginning to reach the periphery of the city.
In Duque de Caxias, in Baixada Fluminense, near Rio de Janeiro, corpses are piling up in hospital corridors as the city's morgues are full.
Guatemala
The social isolation measures are extended for another week, until May 3. In this order of ideas, the curfew will continue to apply from 6 p.m. until 4 a.m. the next day. The ban on public transport, the border closure for international flights and the mandatory use of masks will also remain in force.
The country has placed 1.2 billion dollars in treasury bonds due to COVID-19. The fall of 2.8% and up to 3.2% of the national GDP is expected.
El Salvador
A guarantee was established to protect workers against layoffs. It was announced that the deadlines in judicial and administrative processes will remain suspended until May 31 and reforms in consumer protection regulations were announced, in addition to a new bill for small and medium-sized companies.
The Inter-American Development Bank approved loans of 15.4 million dollars to be used for the medical contingency generated by the pandemic.
It has been announced that the economic recovery plan involves 1,100 million dollars.
Costa Rican
The Law of Progressive and Solidarity Fiscal Contingency was published in the face of the national emergency caused by COVID-19, in addition a special bill was presented for credit flexibility. In legislative matters, the extraordinary budget for health emergency care was also approved.
The 2% commission charged for currency purchase and sale operations will be suspended until July 31.
Dominican Republic
The General Directorate of Internal Taxes announced the 30-day extension from the restart of its operations for the submission of formats and provision of monthly affidavits. In addition, companies and legal entities will be allowed to request and digitally generate property certifications through the virtual office.
Apart from the measures adopted in the countries to face the global pandemic, in Uruguay, through decree 129/2020, private sector investors were included in low-income housing. Panama, with the issuance of Law 29, says goodbye to corporations. In the country, the Private and Unique Registry System of Final Beneficiaries of Legal Entities is created, with the obligation to register the information of the final beneficiaries of all legal entities.
With information from Guzmán Ariza; echecopar; Correa Merino Agudelo and Consortium Legal.
COVERAGE 4-20-2020
United States - Oil barrel collapse
Despite the production cuts reached with OPEC and allied countries, the barrel of US crude fell to its lowest level in history. The West Texas Mix (WTI) was trading in negative territory as the country no longer has storage space. The news had an impact on the stock market and Latin American oil companies.
Ecuador - The Best Time
Given the collapse in the price of oil, the Minister of Energy, René Ortiz, said that now is the best time to eliminate fuel subsidies. In October of last year, the Government faced strong protests when trying to remove this tax aid for gasoline with the highest consumption. President Lenín Moreno had to give up the initiative, however now everything seems to indicate that it will be a reality. The measure would serve to alleviate the economic impact that public finances will suffer from COVID-19.
Chile - The peak of infections
The government of Sebastián Piñera begins to show signs of a return to normality after the decrease in confirmed cases. According to the Undersecretary of Health, Paula Daza, the country has gone from a contagion rate of 2.6% to 1.3%. It also highlights that 44.5% of patients have recovered. Among the measures taken by the Executive, so far, include the publication of an instruction for 'non-essential' businesses to reopen.
Mexico - Traffic restrictions increase
The Government of Mexico agrees with the United States to extend the restrictions on 'non-essential' transit between the countries. The Ministry of Foreign Affairs affirmed that the same limitations that have been in effect since March 21 remain.
Brazil - Bolsonaro's controversy
President Jair Bolsonaro participated over the weekend in acts that criticized the social isolation measures decreed by the States and guided by the Ministry of Health itself. On Sunday he went to the army headquarters in Brasilia and spoke with a group that defended military intervention in the country. Similar acts, such as caravans and honking, were called in other cities and provoked an immediate response in the political world.
The ministers of the Supreme Federal Court, the president of Congress, Rodrigo Maia, and the governors criticized the president, raising the temperature of the crisis that isolates Bolsonaro. In an unprecedented move, 20 governors launched a pro-Congress manifesto condemning Bolsonaro's attacks on the House and Senate last week.
COVERAGE 4-15-2020
Peru
In the country, about 10,000 tests are being applied daily, a fairly high range considering the average in the region. This has made it rank second in our table of numbers of infections.
A bill has been introduced in Congress to suspend the primary elections of political parties in compliance with the electoral calendar. It should be remembered that the general elections will take place in 2021.
This is the "Exceptional Law to guarantee the correct execution of the General Elections of the year 2021, within the framework of the national health emergency of COVID-19". The aforementioned norm establishes the restitution of the laws prior to the reform electoral process to expedite the processes but establishing a 40% participation of women.The country still does not have parity for the integration of Congress.
El Salvador
After, once again, the Executive entered into a dispute with the Legislature for the period of extension of the state of public calamity, Nayib Bukele, President of El Salvador, decreed this extension for 15 more days, that is, it will be Valid until April 28.
These measures correspond to mandatory social isolation, with the exception of sectors of production and distribution of food and beverages, water service, pharmaceutical, agricultural, bakery and hilario, among others.
Businesses conducting unauthorized activities will be temporarily closed. In this line, authorization of operations may be granted for other vital industries, not contemplated, as long as they have not made use of the suspension of employment contracts.
The International Monetary Fund approved a loan for 389 million dollars to address the effects of the pandemic in the country. The president said that, after sending a series of letters asking for help, he got the Apple brand to donate 100,000 masks to the country and Novartis 55,000 hydroxychloroquine treatments each month. In addition, South Korea has donated thousands of test kits to detect the coronavirus to the country.
Colombia
It should be remembered that the country will remain with the mandatory social isolation measures until April 26.
Given the drop in oil prices, measures were published to support the hydrocarbons sector. Contractors may request transfer of exploration activities or investments between contracts and agreements already signed before the National Hydrocarbons Agency; They may agree to extensions of the terms and extensions of some stages of the contractual execution and the modification of the terms and percentages in guarantees of compliance has been enabled.
The Government ordered the exemption from value added tax for telecommunications services, in addition the Ministry of Information and Communication Technologies established that responses to requests for the construction, installation and operation of any equipment must be given within a term of 10 business days.
The Executive ordered that during the state of emergency the contracting statute of the public administration will not be applied for purchases that have to do with personal protection or medical devices.
As for public hearings on selection procedures, they can be held electronically, as well as hearings scheduled to continue administrative sanctioning procedures.
For donations, they will not be taxed with value added tax and it will not be a requirement to have a notarized permit to make them.
Argentine
The Supreme Court of the Nation, through agreements 11/2020 and 12/2020, ordered the use of electronic and digital signatures in acts before the Judiciary and before the public administration. Thus, it also opened the possibility to celebrate agreements of the ministers of the Court by virtual or remote means, but in exceptional situations.
The National Institute of Industrial Property issued a regulation to extend its period of suspension of all administrative terms until April 26.
Mexico
Nom 051 has already been published on the general labeling specifications for food and non-alcoholic beverages and prepackages, which includes commercial and health information. It is expected that this will enter into force in three phases, the first will be led by the Federal Consumer Attorney's Office (Profeco) and the Federal Commission for Protection against Sanitary Risks (Cofepris).
The Technical Council of the Mexican Social Security Institute (IMSS) authorized the use of legal and administrative instruments to make it easier for companies to pay employer-worker contributions.
In addition, the National Banking and Securities Commission issued recommendations for the payment of dividends, share repurchase and other benefits for shareholders of banking institutions.
In tax measures, it is specified that the tax activity is considered "essential for the economy", in fact the Tax Administration System (SAT) has not suspended functions.
In accordance with current regulations, fines will not be imposed on taxpayers who have infringed tax provisions due to force, so the possibility of their application must be analyzed on a case-by-case basis. In accordance with the Income Tax Law, it is stated that bad debts and losses due to acts of God, force majeure or the alienation of goods other than the cost of sales will be deductible.
The taxpayer may request authorization from the SAT to reduce the utility coefficient for the calculation of provisional payments of income tax, but for the second half of the fiscal year, as long as he deems that the utility coefficient to be applied will be higher than the corresponding one.
Chile
The new Guaranteed Minimum Income Law was published, it is expected that 700 thousand workers will benefit. This law establishes that the Government will give a subsidy of 69 dollars for those who have salaries of less than 400 dollars and adjust more than 30 hours of regular work week.
The Unemployment Fund Administrator Society published a calendar of actions so that people can access the unemployment insurance established in Law 21,227, promulgated on April 8.
With information from Arias, Marval O'Farrell Mairal, Basham, Ringe y Correa S.C., Beccar Varela, Brigard Urrutia and Carey.
COVERAGE 4-14-2020
Peru
The Executive published the emergency decree with complementary measures to mitigate the economic effects caused to workers and employers by COVID-19. In this, it is established that there will be continuity of Social Security health benefits for all workers in perfect suspension of work, for the entire duration of the suspension. Likewise, it provides as compensatory measures for these workers a compensation for time of service (CTS) for up to a monthly labor remuneration.
Those workers who do not have CTS can request their advance payment from their employers. In addition, for employers, the deposit of the CTS has been deferred until May.
It has been announced that the fine that will be applied for people who fail to comply with the specifications of mandatory social isolation amounts to 126 dollars.
The operating regulations of the "Reactiva Perú" Program have been approved, the purpose of which is to ensure continuity in the payment chain. It is applicable to new credits, it has a term of up to 36 months, which includes a 12-month grace period without payment of interest, these are extended during the remaining term of the loan.
The credits finance working capital and may not be used to pay financial obligations owed.
Chile
The Executive branch has submitted a bill to the Senate to temporarily suspend collective bargaining deadlines due to COVID-19. Within the Government's economic reactivation plan, it has been provided that loans for companies affected by the coronavirus have a 0% real rate.
On the subject of pensions, an initiative is being debated to freeze the funds of those who begin their retirement process, so that they do not resent the fall in the stock markets in their savings.
The pardon law and the way to count the dead, as recovered, are the two recent controversies in the country.
The aforementioned law is an initiative that would benefit 1,300 elderly prisoners. Criticism has developed around the defense of the president to pardon prisoners who committed crimes against humanity during the dictatorship of Augusto Pinochet. In this regard, the Constitutional Court has ruled against including people who have committed serious crimes in the benefit. The inmates would be serving their sentences under house arrest.
According to Jaime Mañalich, Minister of Health, the dead are counted as recovered since they can no longer infect other people.
The Executive Branch remains firm in not fully implementing mandatory social isolation.
Brazil
An operation to bring in 960 tons of masks purchased in China by the Ministry of Health will begin on Sunday and will cost between 15 and 19 million dollars (80 and 100 million reais as of April 14). The announcement was made by the infrastructure minister, Tarcísio de Freitas, on Tuesday. In total, it will take 40 flights to get the equipment from China to Brazil. The route chosen by the Government will be through Qatar, in the Middle East.
The Minister of Health, Luiz Henrique Mandetta, announced on Tuesday the start of a survey/investigation in the state of Rio Grande do Sul to assess antibodies against the coronavirus in Brazilians, called an epidemiological survey.
Rio Governor Wilson Witzel has tested positive for coronavirus. In a video posted on social media of him on Tuesday, the official said that since Friday he has not been feeling well, with fever, sore throat and loss of smell. That's why he decided to take the exam. The result came out Tuesday afternoon.
Panama
The president of Panama, Laurentino Cortizo, announced that the country went to the stock market and successfully managed to raise the amount of 2,500 million dollars; In addition, it obtained a loan for 500 million dollars from the International Monetary Fund and another 500 million dollars from multilateral investment guarantee organizations, which will be used to maintain as many jobs as possible.
Argentine
Employer contributions to the Argentine Integrated Pension System have been postponed; Also, between April 13 and 26, the computation of the procedural deadlines that govern tax matters for social security and customs was suspended.
The managing entities must offer savers and those awarded contracts to defer the tax rate and administrative charges. This deferral may be made up to a maximum of 12 consecutive installments.
Venezuelan
This Sunday the extension for 30 more days of extension of the deadline for the state of alarm was published. In other words, the mandatory quarantine, in force in the country, will remain until May 12. Likewise, the national hypochlorite disinfection day was announced.
Social isolation prohibits transit from one state to another and only people who work in the health and food sector can circulate. Security and utility personnel are also exempt from quarantine.
With information from: ARAQUEREYNA; Payet, Rey, Cauvi, Pérez Abogados and Beccar Varela.
COVERAGE 4-13-2020
Mexico - An agreement with private hospitals
The Federal Government announced an agreement with private health institutions to combat the pandemic. In total, there are 146 hospitals in 27 states of the Republic that will care for second-level patients charging the same social security rates. With this, the public health network plans to free up more than 3,000 beds to care for COVID-19 patients.
In the state of San Luis Potosí, a taxpayer obtained a provisional suspension in an amparo trial for the purpose of the president ruling on the total or partial remission of taxes contemplated in article 39 of the Fiscal Code. However, this does not oblige the Executive to issue the measures or that the amparo is to be granted.
Meanwhile, the Judiciary officially extends the suspension of work until May 5 as planned.
United States - Judiciary Video Calls
The Supreme Court of the United States announced that starting in May it will be held by teleconference. The presentation of oral arguments will also be done remotely and the audios will be broadcast live to social media. Among the most relevant cases that will be addressed are two attempts to reveal President Donald Trump's tax returns months before the elections.
Colombia - Migrant help
The government of Iván Duque called on the international community to attend to Venezuelan migrants during the pandemic. Currently, more than 1.8 million migrants from Venezuela are in Colombia and isolation measures are forcing them to return to their homes.
Brazil - Reported cases
Brazil officially passed the barrier of 20,000 COVID-19 cases this weekend, but some epidemiologists and researchers say that there are more than 245,000 infections. The study was carried out by the Nois project (Health Operations and Intelligence Center), which involves PUC-Rio, Fiocruz, USP and other institutions. The researchers made the estimate based on the country's case fatality rates, calculated by the number of deaths divided by the number of cases.
The main Brazilian cities already have high rates of bed occupancy due to the coronavirus. Rio de Janeiro has 71% of the ICU beds in the state network occupied. São Paulo occupies 56% of ICU beds, said Mayor Bruno Covas.
Peru - Contagion in Congress
After attending sessions for more than 15 days, it has been confirmed that at least four congressmen, from the recently installed Congress, are infected with coronavirus.
At a press conference, the Peruvian president commented that there are already results of the measures: the curve is flattening. It has been announced that there will be fines for those who fail to comply with the restrictions on social immobilization, for example, for those who make purchases in groups.
In addition, labor measures were announced: the figure of the suspension of work will be enabled, license without "joy of credit" for up to 90 days. The measure differs from the rest of those that have been implemented in the region in that some of the workers in this case will have a State subsidy.
Another announcement is that active workers with salaries of less than 700 dollars will be able to make withdrawals from their Pension Fund Administrators (AFP).
With information from Von Wobeser and Sierra.
COVERAGE 4-6-2020
Brazil - Bolsonaro vs. Mandetta
Jair Bolsonaro is considering firing Health Minister Luiz Henrique Mandetta. He is seeking a replacement who will defend the use of hydroxychloroquine to treat coronavirus patients. The president is shaken by the growing popularity of the official, who, according to the latest polls, surpasses him by twice.
Bolsonaro does not agree with the social isolation measures defended by Mandetta, which are in line with what the World Health Organization (WHO) requests.
At the end of the afternoon of this Monday there were several "panelaços" (pot banging on the balconies of buildings as an act of political demonstration) against the president and in support of the Minister of Health, who has been carrying out a work endorsed by the population and other politicians who defend isolation.
Peru - New decrees to deal with the coronavirus
The Government has published three new provisions within the framework of the state of health emergency. The first is about the legislative decree to create the “reactiva Peru” program, which aims to ensure the chain of payments in the face of the impact of COVID-19 with the granting of more than 8,671 million dollars.
With this, the Executive will finance the replacement of the working capital funds of companies that face payments and short-term obligations with their workers and suppliers of goods and services. This will be possible through a mechanism that grants the Government guarantee to the credits placed by the companies of the financial system.
The second is the supreme decree that authorizes the National Civil Defense Institute (INDECI) to channel the delivery of donations in favor of public entities and charitable, non-profit entities, and organizations that serve populations vulnerable.
Finally, provisions were published to ensure the acquisition, production and supply of food products under safety protocols and the mandatory use of masks was established.
South Korean President Moon Jae-in offered support to Peru with medical technology to face the fight against the coronavirus.
Chile - Employment protections
The Employment Protection Law entered into force. The new provisions are transitory, they will be valid for a maximum of 10 months.
This law is intended to benefit four million people. The employment relationship of workers who are prevented from providing their services with the temporary suspension of contracts is protected, maintaining social security. In addition, access to unemployment insurance benefits is empowered. Workers could also agree with their employers to reduce their hours by up to 50%.
Workers will maintain their right to receive Christmas bonuses, bonuses, allowances, whenever there are any.
Following the declaration of the World Health Organization (WHO) that opened the doors to the use of masks, the Government of Chile has ordered their mandatory use in public and private transport. The measure is added to those already decreed to reduce travel during the Easter holiday season where you will not be able to enter or leave the capital.
Dominican Republic
The presidency announced, by decree, that there will be an extension for 15 more days of the term of validity of the measures adopted due to the COVID-19 crisis. Counting began on April 3.
The Council of the Judiciary approved the Regulations for the Coordination of Courts of the Judiciary, which establishes mechanisms to expedite processes through the virtual knowledge of requests before judicial offices for permanent attention services. This system allows the parties to connect remotely while guaranteeing their fundamental rights.
11 coordinating judges were also appointed for the judicial departments. These will ensure the continuity of work and the proper functioning of the courts.
Nicaragua - The conspicuous absence of the president
Daniel Ortega has not made any public appearances for more than 24 days amid the coronavirus crisis. The epidemic has not been addressed head-on by the Government and official figures point to only six positive cases and one death. The country continues without declaring a quarantine that it considers an exaggeration and does not comply with the prevention measures of the WHO (the only one in the region). The absences of the president are usually normal, but they used to not exceed two weeks.
Argentina - Postponement of public debt
The Government of Fernández postponed until 2021 the payments of interest and principal amortizations of the public debt in dollars issued in the country due to the coronavirus. This amounts to more than 9,800 million dollars according to estimates published in the local press. The debt covers all bonds under Argentine law that are not subject to international arbitration.
COVERAGE 2-4-2020
Peru - New transit restrictions
Like Panama, an emergency decree established that Monday, Wednesday, and Friday will be exclusively for men and Tuesday, Thursday, and Saturday for women. With 11 days remaining until the end of the planned state of emergency period, the Executive announced greater restrictions that eliminate some of the activities allowed so far within the framework of its strategy called "Martillazo".
Chile- Modification of permits
The Undersecretary for Crime Prevention announced a series of modifications to the instructions for travel permits during quarantine. Among the changes are the reduction to twice a week of the request to buy in supermarkets and that the permits to walk pets will be extended to twice a day.
Dominican Republic - Extension of the contingency
The Government extends for another 15 days the nighttime curfew that was decreed on March 10 and runs from 5:00 p.m. to 6:00 a.m. In addition, the suspension of flights, the prohibition of the arrival of cruise ships, the cessation of non-essential commercial operations and schools are maintained.
Brazil - A coronavirus survey
The Ministry of Health began making automated calls to the homes of Brazilians in an attempt to map the progress of COVID-19 in the country and identify patients in need of medical attention. Minister Luiz Henrique Mandetta announced the signing of a contract for 229 million dollars (1.2 billion reais as of April 2) for the purchase of 8,000 respirators. He also said that the government already has a logistics scheme to search for health supplies in China necessary to combat the coronavirus. Likewise, a campaign was announced to encourage the use of cloth masks in the country.
Ecuador - Urgent measures
The country announced that as of April 13 it will qualify the states using the colors of a traffic light to determine the degree of restrictions. Currently, it has the highest mortality rate in Latin America with 120 deaths out of 3,163 infected. Images of bodies cremated on public roads circulate in the media due to the government's lack of response to the crisis.
Working hours will continue to be suspended until April 12 and there will be no classes and mass events throughout the month. The ban on national and international travel will also be maintained.
COVERAGE 4-1-2020
Peru - Vizcarra charges against pension funds
President Martín Vizcarra disapproved of the behavior of the pension fund administrators (AFP) and asked the public to support his decision that the maximum amount to withdraw from the savings fund is up to 580 dollars. This measure is only for people who have not made contributions in the last six months. In addition, he announced that he will present a pension reform project as soon as the state of emergency ends.
Argentina - Measures against layoffs
The Government issued a decree of necessity and urgency to help companies and avoid mass layoffs during the crisis. The plan consists mainly of two measures. First, the postponement or reduction of up to 95% of employer contributions to the Argentine Integrated Pension System. Likewise, it contemplates the Compensatory Salary Assignment for all workers in companies with up to 100 employees. For companies with more than 100 workers, a benefit between 6,000 and 10,000 Argentine pesos is established.
The country eases the closure of borders that until now was total. As of this Wednesday, the landing of two daily flights in Buenos Aires was authorized and at no time may more than 700 people enter per day.
Cuba - The isolation of the island
The Government announced the cancellation of all commercial and private flights as of this Thursday. It also called for the removal of all foreign recreational vessels from its territorial waters. President Miguel Díaz-Canel suspended the iconic May 1 parade.
Brazil
The Senate approved a measure that allows making deals with companies and paying a part of the salaries of workers with a formal contract during the pandemic. The government could pay up to three minimum wages of $597 (3,135 Brazilian reais) per month to workers. As a result, employers are barred from firing employees for up to 12 months after the relief ends.
President Jair Bolsonaro signed this Wednesday the bill that authorizes the payment of emergency aid of approximately 100 dollars (600 Brazilian reais) for three months to informal workers. The presidential endorsement comes two days after Congress approved the text. The Government also determined to extend the deadline for filing the tax return (IR) from April 30 to June 30.
Health Minister Luiz Henrique Mandetta said the deal to buy personal protective equipment such as masks and hats from China fell through after the United States bought a large volume of these products.
Chile - Employment protection measures
Congress approved a law that empowers access to unemployment insurance benefits. The project authorizes the automatic suspension of work contracts in those regions where the Government has decreed a suspension of activities (with the exception of a prior agreement, remote work or essential activities). Companies experiencing financial difficulties will be able, after consulting with unions, to reduce working hours and wages by up to 50% and employees will be able to access unemployment insurance benefits to make up the shortfall. The law prohibits terminating employment contracts invoking a cause of force majeure derived from the pandemic.
With information from DLA Piper Chile.
COVERAGE 03-31-2020
Ecuador - Deaths in the networks
The health system has collapsed in Guayaquil. After users on social networks displayed bodies of deceased infected by COVID-19 in the streets without being picked up for up to two days, the Ecuadorian president, Lenín Moreno, announced a series of social measures: take people in a state of indigence to appropriate places , reinforce health services brigades to visit families and verify their status and increase the registration of volunteers.
The Ministry of Labor, by ministerial agreement, authorized companies to make their utility payments up to 90 days after the schedule established in case of force majeure or fortuitous event, but it must be proven. In addition, it was announced that it would be possible to pay the tax debts of the fiscal year 2019 in April, May and June.
Dominican Republic - Solidarity Fund
The country has the highest mortality rate from the coronavirus in Latin America, with 1,109 cases and 51 deaths. The Economic Affairs Commission and the Ministry of Finance reported the creation of the Solidarity Assistance Fund for Employees (FASE) to transfer between 90 and 150 dollars a month for each formal employee who has been suspended from their work.
It is specified that this contribution will not exceed 60 days and does not contribute to social security nor will it be taken into account for the calculation of the Christmas salary. Companies interested in taking advantage of the program must request it from April 2.
For its part, the Central Bank expanded its economic measures: it urged financial intermediation entities that have sufficient resources to contribute to productive sectors and households in the coming months; the objective is to achieve 3,175 million dollars. Other measures are to increase the liquidity facilities in foreign currency for financial intermediation entities and to reduce the legal reserve ratio in national currency to savings and credit banks by 0.5%.
Panama - Shifts by gender
Given the increase in infections, the Executive ordered that the two hours that the country has to carry out financial procedures and stock up on medicines and food must be divided between men and women according to their last personal identity card or passport number . On Monday, Wednesday and Friday the women will go out and on Tuesday, Thursday and Saturday, the men.
Chile - Mortgages in the crosshairs
Faced with complaints from users about bank offers to postpone mortgage loan payments, the National Consumer Service is monitoring information from the financial sector to prevent, penalize, and curb abuses against consumers.
The Ministry of Economy and the Chamber of Commerce launched a program to make a pro bono mediation plan available to small and medium-sized companies. There will be at least a thousand, the purpose is to avoid the accumulation of trials to come for breach of obligations.
AFP Uno, one of the Chilean pension fund administrators, has proposed that while the state of emergency lasts, people can withdraw 5% of their savings. The AFPs are designing a project to form a fund through which loans are given to small and medium-sized companies.
Colombia - The mitigation phase
The Colombian Ministry of Health announced that the country is entering the mitigation phase of Covid-19. This decision is made because the number of infected people, without a contagion link, exceeds 11% compared to the cases identified with a link. This news takes Colombia prepared with its application to geolocate infections.
The Government announced the return of value added tax (VAT) to more than one million people in vulnerable conditions.
The Ministry of Labor has warned about abuses by coercion of employers against workers. He recalled the guidelines established by the Constitutional Court and explained that workers cannot be forced to accept unpaid leave. Likewise, this Ministry has explained that it is not competent to determine if there is force majeure to allege this cause in the suspension of contracts.
The National Authority for Environmental Licenses reported that the terms of its administrative actions have not been suspended.
In Bogotá, the Urban Development Institute (IDU) has ordered the suspension of contracts entered into for road infrastructure works. Those that are necessary to attend to the emergency situation are excepted.
Uruguay - Subsidies for unemployment
In Uruguay, the creation of a special unemployment subsidy regime was also approved. Valid for a period of 30 days. The beneficiaries of the aid are workers who are partially or permanently suspended or have their working hours reduced. The amount for which they will receive the subsidy will be 25% of what the worker received during the six months prior to the state of emergency.
The different types of licenses allowed during the emergency due to the presence of COVID-19 in the country have already been granted. As a requirement for its operation, these licenses must have been arranged by mutual agreement between employers and workers and be registered with the Ministry of Labor and Social Security.
Another license agreement between the union and the construction industry was determined so that until April 5, permits would be granted to unpaid workers. This agreement implied the payment of an extraordinary item to all benefited employees.
Argentina - Suspension of payments
The freezing of lease payments for urban or rural housing was ordered until September 30; rooms of family housing or people; properties intended for cultural or community activities and properties rented by people adhering to the monotribute, by micro, small and medium-sized companies and by work cooperatives or companies registered with the National Institute of Associations and Social Economy. The extension is excepted if the landlord proves vulnerability.
The deadlines for the execution of judicial sentences in order to evict people from real estate are also suspended and rental contracts are extended until that same day, September 30.
For micro, small and medium-sized companies, it is provided that they can take advantage of the system of regularization of tax debts and social security resources, in addition to forgiveness of interest, fines and other sanctions.
The Ministry of Labour, Employment and Social Security announced the extension until May 31 to pay the maturities of unemployment benefits. The Superintendence of Occupational Risks published a provision for companies to adopt security measures and reduce the risks of workers.
Brazil - Governors vs. Bolsonaro
Health Minister Henrique Mandetta said on Tuesday that social isolation measures imposed by state governments and recommended by the Ministry of Health prevented Brazil from registering an increase in the number of COVID-19 cases in line with what happened in New York. However, the measures are criticized by President Jair Bolsonaro.
An emergency Senate bill seeks to authorize late payments, including rent, without prosecution. If approved, bill 1,179/2020 also postpones the General Data Protection Law (LGPD) for another 18 months, which should come into effect in August.
With information from Brigard Urrutia (Colombia); PAGBAM (Argentina); Payet, Rey, Cauvi, Pérez Abogados (Peru) and Pellerano & Herrera.
COVERAGE 03-30-2020
Mexico - Issues health emergency
The Government declares a health emergency due to force majeure and empowers the Ministry of Health to issue the necessary measures to combat the pandemic.
From March 31 to April 30, the immediate suspension of non-essential activities in the public, private and social sectors is ordered. However, the isolation continues to be voluntary and a curfew is ruled out for the moment (although some local governments have been implementing them for days). As of May 1, the gradual and staggered return to regular economic activities is contemplated.
Without giving many details, Foreign Minister Marcelo Ebrard affirmed that workers throughout the country have the right to pay during this contingency period. In case the companies refuse, he pointed out that there will be sanctions.
Peru - Extension of curfew
The president of Peru, Martín Vizcarra, announced that workers who are not on payrolls will be able to withdraw up to 580 dollars of their savings in the Pension Fund Administrators (AFP).
Regarding the Government's request to legislate for 60 days on matters to address the health emergency, Congress resolved to cede the power but only for 45 days and denying the Comptroller's Office to carry out concurrent control "in real time" while the Executive works by contingency. However, Vizcarra has presented a new proposal insisting on its importance.
In addition, on March 27, the newly installed Congress approved the “Police Protection Law”. This provides that whenever a policeman faces criminal or civil proceedings for causing the death or injury of a person in the performance of his duties, the principle of reasonableness of means will be interpreted in favor of the officer.
In administrative matters, the State Procurement Supervisory Body (OSCE) recognized mandatory social isolation as a cause of force majeure; In addition, the term for the declaration and payment of the contribution by regulation before the Environmental Assessment and Enforcement Agency (OEFA) for the mining and oil sectors has been extended.
By means of a ministerial resolution, the technical specifications were approved for small or medium-sized companies and merchants to make face masks for community use.
In order to reinforce the measures that were taken to prevent the massive contagion of COVID-19, as of this Tuesday, the 31st, the hours of mandatory social immobilization will be extended. There will be a curfew from 6 p.m. until 5 a.m. The hours will be longer in the regions of Loreto, Piura, Tumbes and La Libertad, the regions where the population has resisted respecting the prevention measures against COVID-19 and there are more detainees.
Colombia - Faculties of workers
The Ministry of Labor announced that the powers that employers and workers have to use in their favor during the state of emergency are the request for vacations one day in advance; the withdrawal of layoffs for workers; grant early or collective accrued vacations and, in certain cases, the deferral of parafiscal payments.
The transport sector will be able to generate agreements without being prosecuted in terms of competition with the aim of reaching efficient logistics synergies. This will only be for the duration of the state of emergency.
The Ministry of Transport, in order to support the aeronautical industry, provided that airlines may reimburse and compensate, up to a year later, passengers affected by the migratory measures adopted by the States. The compensation may be with miles, air tickets, bonuses or others. The collection of fees for spaces at airports was also suspended.
The Superintendence of Industry and Commerce, regarding the processing of personal data, clarified that telephone companies can provide the necessary data to control the spread of the coronavirus.
Chile - Support for the most vulnerable
After President Sebastián Piñera announced his solidarity plan, through which 40% of low-income families will have free access to the Internet for 60 days and will have facilities to pay for electricity and water services, now it has presented the "COVID-19 voucher". This aid will be for the 60% of Chileans with the lowest income and for those who do not have formal jobs.
The Undersecretary of Public Health has been granted the power to set maximum prices for certain medicines, sanitary supplies and health benefits or services; as well as to limit the maximum number of goods that can be sold per person. This undersecretariat has established a maximum payment of $6.66 per square meter per month, for leasing real estate that will be necessary to deal with the pandemic. The price of the exam to detect SARS, influenza, herpes and others, has been set at 29 dollars.
The National Fisheries and Aquaculture Service (Sernapesca) has issued provisions for the salmon industry. These are intended to prevent the movement of personnel during the health contingency. Now it is permissible to postpone or advance the beginning of sanitary rest; extend the term of permanence in collection centers; postpone or extend the usual periods and extend the period of cleaning and disinfection of structures.
Argentina - Another two weeks of isolation
This Sunday, President Alberto Fernández announced that he will extend the mandatory social isolation for another 14 days. With this, the freezing of increases in mortgage and pledge credit installments was reported.
A special permit is required to be able to circulate in vehicles in Argentina and criminal sanctions have been established for those who do not comply with social isolation. People can only leave their homes to stock up on food and medicine; in addition to carrying out financial operations. Argentine nationals residing abroad are prohibited from entering the country.
Brazil - They ask to fine Bolsonaro
The Senate approved this Monday, in a virtual session, the bill that provides for the transfer of $125 per month to informal workers. The text provides for this payment for three months.
Public Prosecutor Julio José Araujo Junior, from the Federal Public Ministry of Rio de Janeiro, asked the Federal Court to impose a fine of $19,252 on the Executive after President Jair Bolsonaro "took walks in satellite cities of the Federal District " on Sunday. He also asks for an increase to $96,200 if the president repeats the gesture. Araujo Junior's request is based on non-compliance with the social isolation recommended by the World Health Organization.
Between February 21 and March 20, non-resident investors in Brazil withdrew more than $7 billion from the economy.
El Salvador - More resources are approved
The Legislative Assembly approved 2,000 million dollars to the Government through credit securities. These may be placed in the national or international market or through the contracting of credits. The objective is to finance the country's Emergency, Recovery and Economic Reconstruction Fund.
Guatemala - Low cost credit package
Guatemala extended the curfew until April 12. No person may be outside their homes between 4 p.m. and 4 a.m. The presidential decision prohibits any type of event that involves crowds of people.
The State has announced a proposal to finance financial institutions to grant low-cost loans. In addition, there is a plan for banks to provide facilities to users, such as deferred payments.
Honduras - Absolute curfew
President Juan Orlando Hernández announced that the social immobilization in the country will be extended until April 12. The curfew is absolute in Honduras.
Likewise, the Executive has filed a procedure with the World Bank to suspend its debt payments, at least during the contingency period. The Central American Bank for Economic Integration (CABEI) will grant the country 50 million dollars to reinforce its actions against the spread of the coronavirus.
With information from Miranda & Amado (Peru) Rodrigo, Elías & Medrano (Peru); Brigard Urrutia (Colombia); Carey (Chile); Basham Ringe y Correa (Mexico), Arias (Central America) and Consortium Legal (Central America).
COVERAGE 03-26-2020
Peru - Extension of the state of emergency
The president of Peru, Martín Vizcarra, extended the mandatory social isolation for 13 days, with which the state of emergency is expected to end on Sunday, April 12.
In labor matters, the president said that the State will give a 35% subsidy as support for the cancellation of salaries to workers with salaries of less than 440 dollars. Likewise, the suspension, for the month of April, of the contribution to the pension fund administrators (AFP) and the withdrawal of up to 700 dollars of compensation for time of service (CTS) is approved.
The president sent a bill for the recently installed Congress to delegate the power to legislate for 60 days on: health; fiscal and tax policy; promotion of public investment; citizen security and internal order; work and employment promotion; education; prevention and protection of people in vulnerable situations; goods and services for the population; protection of the productive, extractive and service sectors; cultural promotion; tourism and control over acquisitions and investments.
One of the first initiatives proposed by Congress involves withholding the million dollar tax. This would translate into charging between 0.22% and 1% for those who bill $290,000 per year; between 1% and 2% for those who bill two million dollars and between 2% and 3% for those with incomes of more than 14.6 million dollars.
Regarding social measures, the Executive will grant a voucher and basic food baskets for independent workers, including informal workers. It is estimated that there are about 800,000 families in this area.
The Government called the Army's organic reserve, the most recent generations: 2018 and 2020. A registry of violators of the mandatory quarantine was also created to be criminally denounced.
Brazil - Temples remain open
Jair Bolsonaro decreed that exercising religious freedom is as essential as pharmacies and supermarkets; so churches, regardless of religion, will remain open to the public. Congress began its second virtual session in history to vote on projects related to the fight against the virus. The main theme is help for informal workers.
The mayor of Rio de Janeiro, the democrat Marcelo Crivella, said that the amount of monthly aid that will be paid to independent, informal and non-fixed income workers during the crisis generated by the new coronavirus pandemic will be 99.5 dollars a month.
Colombia - Tax exemptions in the States
The government of Iván Duque empowered governors and mayors to reduce taxes in their territories. Until now, the municipalities of Tunja and Cali have used their power to modify their tax calendars.
The Executive announced social bonds for families with economic difficulties and for young people. Additionally, financial and banking entities such as Bancolombia, Banco de Bogotá and BBVA have created plans to freeze credit and interest rates for their users.
Chile - Credit facilities
The Central Bank reported that, in order to provide liquidity to the economy, it will make available the conditional credit facility to increase placements, a special financial line for banking companies. The purpose is to refinance loans to households and companies that do not have access to the capital market.
Argentina - Eliminate commissions
The Central Bank of the Argentine Republic (BCRA) announced that financial entities may not charge fees or commissions for any operation, be it deposits, withdrawals, inquiries, among others. Neither are operations carried out with the use of ATMs.
Costa Rica - Suspension of work contracts
In the country, isolation is for people with a health order; although at first they were allowed to go out to stock up on food and medicine; now they will not be able to do it, except to go to medical consultations. Hygiene, interaction and availability obligations in electronic media have been established for infected people.
The temporary suspension of work contracts and the reduction of working hours were approved. The Costa Rican Social Security Fund approved a 75% reduction in the minimum contributory base in health insurance and pensions. These are employer contributions and independent workers for the months of March, April and May.
Recently, the Ministry of National Planning and Economic Policy announced that non-essential public sector expenses, such as travel, will be cut.
The Costa Rican Ministry of Health issued mandatory guidelines to deal with the COVID-19 pandemic from condominiums. The administrators were told that they must: establish a communication channel with the tenants or condominium owners and if any present symptoms of coronavirus or respiratory diseases, coordinate with the health authorities.
They have also been asked to ensure that common spaces are not used, cancel all kinds of meetings, and report the guidelines of the Ministry of Health by all means. In addition, they must guarantee that administrative, maintenance and security personnel have supplies to protect themselves.
Paraguay - Rights for workers
The Executive has established new provisions regarding digital procedures, transparency measures, accountability, protection of personal data and teleworking.
The Ministry of Labour, Employment and Social Security recommended to employers that, while the contingency lasts, they can grant vacations to their workers in case they need less active personnel; pay the Christmas bonus in advance and suspend the employment contract, provided the employer meets certain requirements.
Other measures in the country that has requested voluntary social isolation, is the exoneration of fines for non-compliance or late compliance. An exceptional and transitory regime of personal income tax (IRP) payment facilities was also established.
With information from Carey for Chile; Brigard Urrutia for Colombia; Arias and ECIJA for Costa Rica; Vouga Abogados and Ferrere for Paraguay.
COVERAGE 03-25-2020
Chile - Mandatory isolation
The Ministry of Health reported that from 10 p.m. On Thursday the 26th there will be mandatory social isolation in the communes of Lo Barnechea, Vitacura, Las Condes, Providencia, Ñuñoa, Santiago and Independencia. This to prevent more than a million people from leaving their homes.
The Telecommuting and Distance Work Law has been promulgated, it will come into force in April. It was presented by the Executive two years ago. Only teleworking was mentioned in the Chilean Labor Code. Due to this rule, the labor practice now has the right to disconnect for 12 hours and labor accidents are extended; In addition, employers will have to provide workers with tools to perform their duties. They have the right not to use elements of their property to carry out their work.
The Central Unitaria de Trabajadores (CUT) has criticized the project because they consider that it creates job insecurity.
Peru - Contingency extended
This Thursday the 26th, the Government will announce whether or not the period of mandatory social isolation is extended. Peru has already completed 10 days with this measure.
The "Operating Regulation of the MYPE Business Support Fund" was approved, which grants loans of around 9,000 dollars for small and medium-sized companies through financial entities and savings cooperatives. It has a duration of five years and to access it a trust agreement must be made.
Martín Vizcarra, Peruvian president, announced that workers are being evaluated to make withdrawals of up to $700 from their compensation fund for time of service (CTS).
Mexico - Credit facilities approved
The National Banking and Securities Commission issues new measures to freeze personal loans for between four and six months. The deferral may be partial or total and will apply to loans in force as of February 28. This includes home loans with a mortgage guarantee and revolving and non-revolving loans aimed at individuals such as car loans, personal loans, payroll loans, credit cards and microcredits.
Argentina - Economic support
The World Bank announced that it will support Argentina with a loan of 300 million dollars for social assistance in attention to the country to face COVID-19.
Alberto Fernández announced that the Government is about to present a project to freeze housing leases and mortgage loan installments for 180 days. In addition, he ordered the Ministry of Foreign Affairs to support Argentines who are waiting for flights to return to their country with financial resources.
Brazil - Forecast of infections
The increase in infections in the country is 34.5% in one day. The mortality rate is 2.4%. A report by the Brazilian Intelligence Agency (Abin) revealed that Brazil could have 207,435 coronavirus cases and 5,571 deaths as of April 6, according to The Intercept Brasil website, which has had access to the confidential document.
Ecuador - New contingency measures
The second country with the most coronavirus infections has designed and made available to Ecuadorians an application called Salud EC, which, with the processing of personal data, provides information on COVID-19 infections. This app is intended to discourage the population from going in person to health centers, hospitals or medical offices if the symptoms due to infections are not serious.
Users can call 911 automatically by marking serious symptoms of contagion and reviewing the health protocols published by the Ministry on this matter. The app can geolocate its users through a map.
In addition, the Government of Lenin Moreno enabled a program to take home the products of Ecuadorian farmers.
Uruguay - Voluntary isolation
Luis Lacalle Pou reported that in the following days his government will deepen the measures to deal with COVID-19. In Uruguay, isolation continues to be voluntary.
The Executive has also announced a series of measures to contribute to the liquidity of the economy. Multilateral organizations will extend credit lines for the Banco de la República Oriental del Uruguay (BROU), so that it, in turn, grants financing to companies with reduced rates and extended terms.
The line of credit will be for 50 million dollars and the fund of the national guarantee system to grant loans to small and medium-sized companies will be increased by 2,500 million dollars. The payment of monotributistas to the Banco de Previsión Social (BPS) was deferred to cancel them as of June. 60% will be paid in six installments and the remaining 40% will be subsidized by the Government.
Venezuela - Special credits
The collective and social quarantine decree announced by President Nicolás Maduro is not the only measure that the Venezuelan government has taken to deal with COVID-19.
Last Sunday, it issued some provisions to “reduce” the impact of the coronavirus. The package, of strict compliance, for six months, includes the approval of special conditions for commercial credits already granted: suspension of principal and interest payments for all credits in the country and restructuring of the terms of access to credits in favor of of small and medium producers, with special actions for SMEs.
Cutting off electricity, gas, water, telephone and internet services were prohibited. It ratified the immobility of employment until December 2020, with the activation of a special payroll payment plan for small and medium-sized industries and the immediate suppression of the payment of commercial and residential rents was established.
Vice President Delcy Rodríguez reported this Wednesday that the WHO approved 2 billion dollars "to support a group of countries that require special attention in the fight against this pandemic and Venezuela is within this group."
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