Our firm is pleased to inform you that General Resolution No. 5659/2025 issued by the Customs Revenue and Control Agency (ARCA) has favorably incorporated the claims submitted by our team in November 2024 to the Ministry of Deregulation and State Transformation, headed by Minister Federico Sturzenegger.
In the administrative submission (named: “Request for Review of AFIP Regulations Impacting the Repatriation of International Maritime Crewmembers”), we highlighted the need to update General Resolutions No. 2704/2009 and 2705/2009. These resolutions had an unfair impact on foreign crew members who disembarked from foreign vessels calling at Argentine Ports for repatriation when carrying more than USD 10,000 in cash earned on board. In such cases, General Resolution No. 2705/2009 required, apart form a customs declaration to prevent money laundry, the funds to be withdrawn exclusively through financial institutions authorized by the Central Bank of Argentina (BCRA), which was burdensome and impractical for crew members in transit.
What changes under the new regulation?
✔ General Resolutions No. 2704 and 2705 are repealed.
✔ Customs Declaration under Forms OM 2249-A (for entry) and OM 2250-B (for exit) remain in force for travellers of any category and crewmembers when entering or leaving the country with cash, bearer checks, or coinage in precious metals, where its total amount is equal to or greater than USD 10,000 or its equivalent value
✔ The obligation to channel the exit of foreign currency or bearer negotiable instruments in such currency in amounts equal to or greater than USD 10,000 through entities authorized by the Superintendency of Financial and Foreign Exchange Institutions remains in effect, for all types of travellers, except travellers or crewmembers in transit provided they have submitted the customs declaration under Form OM 2249-A when entering the customs territory.
To that end, the declarant must indicate the word “Transit” in the “Other” field under the section “CURRENCY – Purpose or Destination” on the form. This form, completed and duly received by the customs service at the port of entry, must be submitted at the exit customs office to authorize the departure of the declared currency in cash.
This amendment is particularly relevant for the repatriation processes of maritime crew members, avoiding situations under the previous regime that could have led to administrative and criminal proceedings.
The Centro de Navegacion, a non-profit association that brings together maritime agents, who represent and make the arrangements for the foreign vessels they assist before the local authorities, requested clarification from the General Directorate of Customs – ARCA – regarding the interpretation and application of the new regulation concerning passengers in transit, specifically those entering and leaving the country onboard a vessel, with the purpose of continuing her voyage to another destination, and who remain within the boundaries of the port terminal with out disembarking and entering the Argentine Customs Territory. In this respect, this crewmembers are excluded from the procedure established under General Resolution No. 5659/2025, and from filling the OM 2249-A and OM 2250-B Forms.
A regulation that improves, though further adjustments are needed.
This regulatory amendment represents a significant step toward facilitating international maritime traffic and the repatriation of crewmebmer through Argentine TERRITORY.
From IT&L Legal Consultants – MB Espiñeira & Abogados, we express our gratitude to the authorities for their openness to dialogue, and to our clients and colleagues for their continued trust.
Furthermore, we inform that we have initiated new proceedings aimed at achieving full alignment of Argentine regulations with the FAL Convention, which stipulates that only the forms expressly enumerated therein may be required of vessels engaged in international traffic. The currently applicable forms constitute an additional requirement about which the maritime community must be duly informed.
Recommendations for Maritime Agencies.
Finally, we recommend that Maritime Agencies:
➜ Inform their crews of these new provisions.
➜ Ensure that the declaration forms are correctly completed upon entry into the country.
For further information or specific legal advice on this matter, please do not hesitate to contact us.
The IT&L Team
