Elimination of Export duties for mining goods in Argentina

Newsletter

Decree No. 563/2025 (the “Decree”), issued by the Executive Branch of Argentina and published in the Official Gazette on August 7, 2025, establishes a 0% export duty rate for a wide range of mining products. This measure is part of a broader strategy to enhance the competitiveness of the mining sector and stimulate foreign investment.

The Decree sets forth that the right of export applicable to certain goods classified under the Mercosur Common Nomenclature (N.C.M.) shall be reduced to zero percent, effectively eliminating export taxes for those items.

Key mining products affected by the 0% export duty include:

  • Base and strategic metals: gold, copper (concentrated and refined), zinc, lead, tin, nickel, molybdenum, tungsten, titanium, cobalt, and aluminum (bauxite).
  • Industrial minerals: graphite, kaolin, talc, barite, fluorite, mica, borates, feldspar, and spodumene.
  • Construction materials: granite, marble, limestone, cement and clinker, gypsum, and aggregates such as gravel and ballast.
  • Mining by-products: slags and ashes from iron, copper, and coal production, as well as metal-containing residues.
  • Energy and agricultural minerals: coal (hulla) and potassium chloride (fertilizer grade).

However, not all mining products are covered by the Decree. Notably, lithium and silver, along with their by-products, remain subject to export duties. These products are excluded from the 0% regime and continue to be taxed at a 4.5% export duty rate, reflecting their strategic importance and high international demand.

Additionally, the Decree formally repeals Decree No. 308/2022, which had created a “Voluntary Copper Export Registry” as a promotional regime. The repeal is justified on the grounds that the registry was never operational and had no registered beneficiaries, thus its elimination does not affect acquired rights or legitimate expectations.

The legal basis for the Decree is grounded in Article 755 of the Argentine Customs Code, which empowers the Executive to modify export duties to promote value-added production, national employment, and the protection of productive activities and natural resources.

Among the stated objectives, the Decree aims to:

  • Strengthen the export capacity of the mining sector.
  • Promote economic recovery through increased investment and job creation.
  • Align Argentina’s fiscal framework with regional mining economies, where the sector represents up to 10% of GDP, compared to Argentina’s current 1.2%.
  • Support the country’s role in the global energy transition, leveraging its abundant mineral reserves.

The measure is particularly relevant for provinces such as Jujuy, Santa Cruz, San Juan, and Catamarca, where mining accounts for approximately 80% of provincial exports.

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