New amendments to the Foreign Exchange Regulations

By Agustín Cerolini, Martín Chindamo and Valentina Circolone

Through Communications “A” 8330, 8331 and 8332 (hereinafter, the “Communication A 8330”, “Communication A 8331” and “Communication A 8332” and jointly, the “Communications”), all dated September 18, 2025, the Argentine Central Bank (the “BCRA” for its acronym in Spanish) introduced certain amendments to the Foreign Exchange Regulations (hereinafter, the “FX Rules”).

Firstly, through Communication A 8330, the US$ 36.000 limit applicable to the obligation to settle proceeds from service exports for individuals is eliminated. Consequently, individuals are now entitled to use the exemption mechanism from the obligation to settle proceeds from service exports without any amount restriction. Additionally, it is clarified that entities may not charge commissions on transactions carried out by resident individuals who evidence the inflow of foreign currency into accounts opened in foreign currency.

Furthermore, new exceptions are introduced regarding the deadlines for the entry and settlement of proceeds from goods exports, specifically for tariff positions 1003.90.10, 1003.90.80, 1007.90.00, and those under Chapter 27 – except for tariff positions 2710.19.31, 2710.19.32, 2710.19.99, and 2716.00.00.

Through Communication A 8331, access to the foreign exchange market is expanded for non-resident entities for repatriations related to: (i) the purchase of resident companies (except for financial or controlling entities); (ii) the acquisition of 100% of a non-resident company whose sole asset is a local company, subject to commitments regarding residency, prohibition of profit distributions, and settlement in the event of a sale; and (iii) transfers of equity interests in natural resource concessions, subject to medium-term financing and a minimum participation of 10% (ten percent) of the share capital.

Finally, with respect to the purchase of foreign currency by resident individuals for the purpose of building foreign assets, Communication A 8332 establishes that when the client is one of the persons listed under the new section 3.8.5. of the FX Rules., the intervening entity must obtain an affidavit from such person, undertaking not to enter into, directly or indirectly or on behalf of third parties, purchases of securities settled in foreign currency from the moment access is requested and for the following 90 calendar days.