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First criminal complaint against the Central Bank authorities for the ban on quota travel

The BCRA prohibited the sale of tickets in installments EFE / Juan Ignacio Roncoroni

The authorities of the Central Bank of the Argentine Republic were denounced this Friday for the crimes of “breach of the duties of a public official ”and“ abuse of authority ” As a result of the decision to prohibit credit cards from selling tickets abroad in installments, which was known last night as a way to stop the outflow of foreign currency. The presentation was settled in the courts of Comodoro Py.

The complaint was made by leaders of the United Republicans of the Autonomous City of Buenos Aires Yamil Santoro, Marina Kienast, José Magioncalda and Juan Martín Fazio. These are the same whistleblowers who promoted the cause of the vip vaccination or the birthday party of Fabiola Yañez. In this case, the accusation aimed against the authorities of the Central Bank of the Argentine Republic.

According to the complainants, Communication “A” 7407, by preventing the acquisition of tourist products abroad by credit card, violates the credit card law, the consumer protection law, the Civil and Commercial Code of the Nation, and the Organic Charter of the BCRA, as well as the constitutional norms that establish the order of priority of the laws and the right to enter and leave the country.

Likewise, the complaint maintains in reference to the right to agree to installments by credit card that: “… the regulation of a right can in no way mean its cancellation, and even less if such right arises from rules with the force of law.”

First criminal complaint against the Central Bank authorities for the ban on quota travel
Miguel Pesce, president of the Central Bank (Maria Amasanti / Bloomberg)

“The use of the credit card to finance the payment of goods and services is not only authorized for obligations in national or foreign currency, but also has been legislated in the field of private law, constituting its use and payment in quotas, by agreement of the parties, a right of consumers, with very specific restrictions established by the law itself and which, in the case of the Central Bank of the Argentine Nation, authorizes it to sanction ‘entities that do not comply with the obligation to inform or, where appropriate, do not observe the provisions relating to the level of the rates to be applied ‘(art. 17, Law 25,065) and regulate as the enforcement authority “all issues related to financial aspects”, it was added.

Article 248 of the Penal Code establishes a prison sentence of one month to two years and special disqualification for double time, to the “public official who issues resolutions or orders contrary to the constitutions or national or provincial laws or executes the orders or resolutions of this existing class or will not execute the laws whose compliance is incumbent upon him. “

The case, which bears the No. 7555/2021 was settled in the Federal Criminal and Correctional Court No. 2 in charge of the judge Sebastian Ramos.

In addition to this criminal complaint, the measure ordered by the BCRA promises to bring more lawsuits. The Argentine Federation of Travel and Tourism Business Associations (FAEVYT) He warned that he is evaluating recourse to the Justice against the Government’s decision to prohibit the sale of trips abroad in installments, as it is a “discrimination” that impacts “squarely on the sector, especially hitting the smaller agencies.” In his opinion, this ban is “an attack on travel consumers and companies, the vast majority of which are small and medium-sized companies that have not yet been able to recover from the economic consequences of COVID-19 and are now receiving another impact on their businesses. which are neither more nor less than their source of subsistence ”.

The Chamber of Air Companies in Argentina (Jurca) He also questioned the government’s decision to prohibit the sale in installments of trips abroad and wondered how it can be planned in a context where the industry was not consulted or anticipated in this regard.

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