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ARGENTINA

Since April 2006

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Act No. 26.092 - Argentine Company of Satellite Solutions (Ley No. 26.092 - Empresa Argentina de Soluciones Satelitales)
Art. 7 of Act No. 26.092 stipulates that 98% of the shareholding in the Argentine Company of Satellite Solutions (ARSAT) shall be allocated to the Ministry of Federal Planning, Public Investment and Services, while the remaining 2% shall correspond to the Ministry of Economy and Production. Pursuant to Art. 7 of the Annex, Class A shares shall be held by the national government, and these shares may not be transferred except with the authorisation of a statute enacted by Congress, as they embody the State’s controlling interest. Consequently, 51% of the shares are designated as Class A and are State-owned, whereas the remainder could, in principle, be admitted to public trading. Reports indicate that ARSAT intends to undertake a public offering of shares to divest 49% of the company’s equity to the private sector; however, as of 2025, this has not yet materialised.
Coverage Telecommunications sector

ARGENTINA

Since March 1984, last amended in March 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Law No. 19,550 - Corporations Law (Ley General de Sociedades No. 19.550)
According to Art. 256 of the Corporations Law, the majority of the board members of all companies must be residents of Argentina. In addition, all directors must establish a special domicile for the purposes of notification.
Coverage Horizontal

ARGENTINA

Since May 1995

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law No. 24.481 on Patents for Inventions and Utility Models (Ley No. 24.481 de Patentes de Invención y Modelos de Utilidad)
Art. 3 of the "Law on Patents for Inventions and Utility Models" stipulates that the industrial property rights governed by this legislation may be acquired by natural or legal persons, whether domestic or foreign, provided they possess either an actual or a registered domicile within the country. In addition, Art. 69 prescribes that, in all applications, the applicant is required to establish a legal domicile within the national territory and to notify the National Patent Administration of any subsequent changes thereto.
Coverage Horizontal

VENEZUELA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Open and transparent standard-setting process
Lack of participation of foreign businesses in standard-setting bodies and of a transparent standards regime
Venezuela’s new laws, resolutions, decrees, government appointments, and other official data are published in the Official Gazette. It is reported that the Gazette does not publish anything similar to notices of proposed rulemaking, so there is no regular official mechanism for inviting comments on proposed changes to technical regulations. The Gazette also does not publish new technical regulations. The full contents of a new technical regulation must be obtained directly from the government agency that created it. The same holds true for new standards themselves, available only by request from either the FONDONORMA (a private non-profit association) or SENCAMER (a body of the Ministry of Commerce). The relationship between the two bodies has deteriorated in the past few years, which has led to confusion and a lack of a normative standards regime.
Coverage Horizontal

VENEZUELA

Since April 2003

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Resolution No. 253 containing the list of foreign entities or organizations recommended for the homologation and certification of telecommunication equipment (Resolución No. 253 contentiva de la lista de entes u organismos extranjeros recomendados para la homologación y certificación de equipos de telecomunicaciones)
Resolution No. 253 lists the foreign entities or organisations recognised by the National Telecommunications Commission (CONATEL) for the homologation and certification of telecommunications equipment: (European Union, Federal Communications Commission (FCC) of the United States, Industry Canada of Canada, Agencia Nacional de Telecomunicações (ANATEL) of Brazil, Comisión Federal de Telecomunicaciones (COFETEL) of Mexico, and the Comisión Nacional de Comunicaciones (CNC) of Argentina) (Art. 3). CONATEL is limited to administrative homologation based on the acceptance of the homologation certificates of the aforementioned entities.
On the other hand, Art. 4 establishes that certification bodies or organisations that issue certificates or declarations of conformity, approval or homologation on behalf or by authorisation of the approval bodies or organisations indicated in the previous article, either by designation or by Mutual Recognition Agreements, shall also be considered as recognised.
Coverage Telecommunications equipment
Sources

VENEZUELA

Since January 1997, entry into force March 1997

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Resolution No. 3283 Regulating International Courier Services (Resolución No. 3283 que Regula los Servicios de Mensajería Internacional "Courier")
Art. 15 of Resolution No. 3283 stipulates that sample goods of no commercial value and personal effects whose FOB value, denominated in VED, does not exceed the amount equivalent to USD 100 shall not require the submission of the Courier Declaration and shall be exempt from the payment of customs duties and other related taxes. This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

VENEZUELA

Since December 2024

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Judgment No. 1.443 of the Constitutional Chamber of the Supreme Tribunal of Justice (Sentencia No. 1.443 de la Sala Constitucional del Tribunal Supremo de Justicia)
The second section of Judgment No. 1.443 issued by the Constitutional Chamber of the Supreme Court ordered TikTok to establish a formal representative presence, with its headquarters or an office located within the territory of Venezuela. This presence is intended to enable the supervision and control of the platform’s technological tools in accordance with the constitutional and legal framework of Venezuela governing telecommunications and social media.
Coverage TikTok

VENEZUELA

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Venezuela lacks a comprehesive framework for consumer protection that applies to online transactions.
Coverage Horizontal

VENEZUELA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Venezuela has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

VENEZUELA

Since 2001

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Venezuela has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

VENEZUELA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Venezuela has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

VENEZUELA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Venezuela's law and jurisprudence.
Coverage Internet intermediaries

VENEZUELA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Venezuela's law and jurisprudence.
Coverage Internet intermediaries

VENEZUELA

Since October 2017

Pillar Intermediary liability  |  Indicator User identity requirement
Official Gazette 41,265: Administrative Ruling No. 171 whereby the rules related to the collection of personal data of the applicants of mobile and fixed telephony services through wireless networks or non-geographic number with nomadic voice service are issued (Gaceta Oficial 41.265: Providencia Administrativa No. 171 mediante la cual se dictan las normas relativas a la recopilación o captación de datos personales de los solicitantes de los servicios de telefonía móvil y telefonía fija a través de redes inalámbricas o número no geográfico con servicio de voz nómada)
Art. 4 of Administrative Ruling No. 171 stipulates that individuals registering for a fixed or mobile telephone service must provide specific personal data, including an email address, fingerprints, and a digital photograph captured at the point of transaction.
Coverage Fixed and mobile telephone services

VENEZUELA

Since November 2017

Pillar Intermediary liability  |  Indicator Monitoring requirement
Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance (Ley Constitucional Contra el Odio, por la Convivencia Pacifica y la Tolerancia)
Art. 14 of the Constitutional Law Against Hate for Peaceful Coexistence and Tolerance prohibits the dissemination of messages via social networks and electronic media that promote war or incite hatred based on national, racial, ethnic, religious, political, social, ideological, gender, sexual orientation, gender identity, gender expression, or any other form of discrimination, intolerance, or violence. As a result, entities managing social networks and electronic media are required to adhere strictly to this provision, taking appropriate measures to prevent the dissemination of such content. They must promptly remove any propaganda or message that contravenes this law.
Art. 22 of the law specifies that intermediaries who fail to remove messages containing war propaganda or promoting hate speech within six hours of dissemination will face sanctions ranging from 50,000 to 100,000 Tax Units (approx. USD 1,800 to USD 3,600, based on the December 2022 exchange rate published by the Venezuelan Central Bank, subject to change). In addition to criminal and civil liabilities, portals disseminating such messages may be blocked. This provision may be interpreted as imposing a monitoring obligation on intermediaries.
Coverage Internet intermediaries

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