ARGENTINA
Since December 2014, last amended in April 2024
Since September 2000
Since September 2000
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Decree No. 764/2000
Decree No. 764/2000
Argentina has established both functional (Art. 47 of Law No. 27,078) and accounting separation (Art. 12 of Decree No. 764) for the operator with significant market power.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231105192027/http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/239771/norma.htm
- https://web.archive.org/web/20231129220159/http://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/64222/texact.htm
- https://datahub.itu.int/data/?i=100047&e=BWA
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ARGENTINA
Reported in 2021, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Complaint on long-standing applications for satellite networks
Argentina has a single licensing system, regulated by the National Entity for Communications (ENACOM), for providing all types of telecommunications services, with or without its own infrastructure. When applying for a license, national and foreign operators are subject to the same requirements. The single license does not expire unless the operator requests its cancellation or ceases to fulfil its obligations as a service provider.
However, it has been reported that there are several long-standing applications for authority to operate certain satellite systems pending at the Undersecretariat of Information and Communications Technologies, which has failed to provide any information on the reason for the delay in processing such applications. Also, it has been reported that the country has high spectrum usage fees for satellite services.
However, it has been reported that there are several long-standing applications for authority to operate certain satellite systems pending at the Undersecretariat of Information and Communications Technologies, which has failed to provide any information on the reason for the delay in processing such applications. Also, it has been reported that the country has high spectrum usage fees for satellite services.
Coverage Satellite services
Sources
- https://tiaonline.org/wp-content/uploads/2023/10/2024-NTE-1377-TIA-Comments-FINAL.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s412_e.pdf
- https://web.archive.org/web/20231203204734/https://www.argentina.gob.ar/normativa/nacional/decreto-690-2020-341372/texto
- https://www.lexology.com/library/detail.aspx?g=ba0ec4cb-6d71-4c53-80f5-2f9c81c0f8e9
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ARGENTINA
Since August 2020
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Decree No. 690/2020
According to Arts. 48 and 54 of Law No. 27.078, as amended by Decree No. 690/2020, the National Communications Agency (ENACOM) regulates the pricing of essential and strategic public services, including basic fixed and mobile telephony services. This regulatory framework has been identified as a potential obstacle to the bidding process for fifth-generation (5G) mobile technology, which the government intended to initiate in early 2023. It is reported that if service prices continue to be set by the state, as stipulated in the Decree, companies may struggle to recover their investment.
Coverage Telecommunications sector
Sources
- https://www.boletinoficial.gob.ar/detalleAviso/primera/233932/20200822
- https://www.lanacion.com.ar/economia/cuando-aumentan-las-tarifas-de-celulares-e-internet-que-autorizo-el-gobierno-nid29122022/
- https://www.telesemana.com/blog/2023/01/04/argentina-flamante-asociacion-cuestiona-el-camino-para-avanzar-hacia-5g-y-pide-al-enacom-una-vision-integral-del-sector/
- https://www.bnamericas.com/en/news/could-argentina-launch-a-5g-tender-next-year
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ARGENTINA
Since July 1998
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Argentina has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
ARGENTINA
Since December 2015
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the "Ente Nacional de Comunicaciones" (ENACOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
ARGENTINA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of adequately enforcement of IP
It is reported that enforcement of intellectual property rights remains a persistent challenge in Argentina, with stakeholders noting prevalent unfair competition stemming from the sale of pirated goods and services.
Coverage Horizontal
ARGENTINA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of ratification of the Patent Cooperation Treaty (PCT)
Argentina signed the Patent Cooperation Treaty (PCT) in December 1970 but has not ratified it.
Coverage Horizontal
ARGENTINA
Since September 1933
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 11,723 - Intellectual Property Law (Ley No. 11.723 - Régimen Legal de la Propiedad Intelectual)
Argentina has a copyright regime under Law 11,723. However, the exceptions do not follow the fair use or fair dealing model, thus limiting third parties' lawful use of copyrighted works. Arts. 10, 27, 28, 36 list the exceptions, which include the use and transmission of news of general interest (the original version must be published if the source is mentioned); the publication of parliamentary speeches, provided it is not done for profit; the performance of literary or artistic works in public events organised by educational institutions, provided that the performance is not broadcast and is free of charge.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231210171337/https://servicios.infoleg.gob.ar/infolegInternet/anexos/40000-44999/42755/texact.htm
- https://uk.practicallaw.thomsonreuters.com/w-010-2109?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://www.bakermckenzie.com/-/media/files/insight/publications/2018/04/bk_updated_dbarg_apr18.pdf?la=en
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ARGENTINA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.28%
Coverage rate of zero-tariffs on ICT goods (%)
30.9%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ARGENTINA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Argentina is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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ARGENTINA
Since April 2009, extended in September 2015 and July 2021, until July 2026
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Resolution No. 106/2009 (Resolución No. 106/2009)
In April 2009, the Argentine authorities decided to impose a definitive anti-dumping duty under Resolution No. 106/2009 on imports of electrical connection terminals (HS codes 8536.1000, 8536.5090 and 8536.9090) from China and Germany. This measure was reviewed and extended in September 2015 and subsequently in July 2021 for a period of five years. The rate of duty on imports from China is 208% of the FOB price. The duty rate on imports from Germany is 138% of the FOB price for a period of 5 years.
Coverage Product: Electrical connection terminals of up to 35 mm2 (HS Codes 8536.10, 8536.50 and 8536.90)
Countries: China and Germany
Countries: China and Germany
Sources
- https://web.archive.org/web/20231212051306/https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-106-2009-151978/texto
- https://www.globaltradealert.org/intervention/17097/anti-dumping/argentina-extension-of-definitive-antidumping-duty-on-imports-of-electrical-connection-terminals-from-china-and-germany
- http://i-tip.wto.org/goods/Forms/TableViewDetails.aspx?mode=modify
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ARGENTINA
Since May 2018
Since September 2018
Since August 2001
Since September 2018
Since August 2001
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 27,437 of 13 May 2018 - Buy Argentine and Supplier Development Program Law (Ley No. 27.437 de Compre Argentino y Desarrollo de Proveedores)
Decree No. 800/2018 (Decreto No. 800/2018)
Decree No. 1,023/2001 (Decreto No. 1023/2001)
Decree No. 800/2018 (Decreto No. 800/2018)
Decree No. 1,023/2001 (Decreto No. 1023/2001)
Art. 2 of Chapter II of Law 27,437 states that a preference for goods of national origin is granted when the amount of the selection procedure is equal or superior to the threshold of Decree 1,023/2001 (Art. 25.d.1 and its complementary provisions), which is reported to be around 8 million Argentine Pesos (approx. USD 66,000). The margin of preference for goods of domestic origin is 15% for Micro, Small and Medium Enterprises (MSMEs) and cooperatives listed in the National Institute of Partnerships and Social Economy of the Ministry of Social Development and 8% for other enterprises providing identical or similar services under cash payment terms. If the bids are all from companies of foreign origin, a margin of preference of 1% is granted for every five percentage-point share of the gross production value of the covered goods, which is locally integrated, up to a maximum margin of preference of 8%. Decree No. 800/2018 is the implementing Decree of Law 27,437.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230204155212/https://www.boletinoficial.gob.ar/detalleAviso/primera/183197/20180510
- https://www.wto.org/english/tratop_e/tpr_e/s412_e.pdf
- https://web.archive.org/web/20220128023538/https://www.argentina.gob.ar/normativa/nacional/decreto-800-2018-314079/texto
- https://trade.ec.europa.eu/access-to-markets/en/barriers/details?isSps=false&barrier_id=10863
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ARGENTINA
Since November 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 27,328 - Law on Contracts between the State and Private Investors (Ley No. 27.328 de Contratos de Participación Público - Privada)
Law 27,328 establishes that at least 33% of the goods and services used in public-private partnership contracts must be provided by local companies.
Coverage Horizontal
ARGENTINA
Since August 2000
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
MSMEs Development Law No. 25.300 (Ley de Fomento para la Micro, Pequeña y Mediana Empresa No. 25.300)
Argentina gives preference to MSMEs in public procurement procedures through the Compremipyme Programme. Under Art. 39 of Law No. 25,300, establishing the Programme, the jurisdictions and entities of the national public sector should apply a 5% preference right to tenders from MSMEs supplying goods or services produced in the country for purposes of comparing them with the best tender and awarding the goods or services contract to such enterprises. The Programme also stipulates a minimum preference rate of 10% in tenders or bids for the procurement of goods and services in which only MSMEs are competing. Furthermore, Art. 40 authorises the Executive to consider partial bids in order to facilitate and increase the participation of MSMEs in tenders and bids for the procurement of goods and services in quantities in line with their scale of production.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231202221727/https://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/64244/texact.htm
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S412R1.pdf&Open=True
- https://www.globaltradealert.org/state-act/30882/argentina-imposition-of-local-content-in-public-procurement
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ARGENTINA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Argentina is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.
Coverage Horizontal