The investigated firms exported to Brazil, triangulating billing via intermediaries based in the US; the analysis of the maneuvers points to an undue functional linkage
The General Directorate of Customs discovered that two companies under-invoiced exports of black beans to Brazil appealing to undue triangulations with firms based in the US After the exchange of customs information, the agency found that the operations were registered in the neighboring country at values that doubled those declared in Argentina. Customs denounced the firms criminally and seeks minimum fines of more than USD 28 million.
Indeed, the analysis carried out by specialized agents of the General Directorate of Customs warned that one of the investigated companies under-invoiced by 53% almost all of its exports to Brazil. While in Argentina it had declared the operations at USD 1,069,455, the value registered before the merchandise entered Brazil was USD 2,266,981.90 —thus, USD 1,197,526.90 was not duly settled in our country.
The situation of the other exporter is practically the same: during 2022, exports that in our country declared at USD 1,816,591.50 were later entered into Brazil at a value of USD 3,522,587. In this way, the Customs analysis warned that USD 1,705,995.50 were not entered into Argentina by the company.
Likewise, Customs warned that the operations of both firms exhibited relevant similarities: they exported through the same exit point from the country, had the same customs broker and shared a final buyer in Brazil. In turn, a man who is part of the shareholding group of the Brazilian importing company is the only employee informed by one of the denounced exporters.
Likewise, it should be noted that one of the investigated firms began operating a few months after the other ceased its exports, 98% of which appealed to two US firms as intermediaries. On the other hand, between November 2022 and May 2023, the second firm to start its activities triangulated 100% of its sales through the same North American firm.
Thus, the circuit reveals a functional link between the exporters and the intermediaries based in the US, as established in article 14 of Decree 862/2019.
Once the ruse of the bean exporting firms was verified, the organization led by Guillermo Michel denounced them for smuggling under the terms of article 863 of the Customs Code. In turn, within the framework of article 876 of Law 22,415, it intends to apply minimum fines that, in combination, amount to USD 28,021,513.40.
Source: Ambito
