Database

Browse Database

ARGENTINA

Since August 2000

Pillar Public procurement of ICT goods and online services  |  Indicator 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

ARGENTINA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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

ARGENTINA

Since July 2003
Since December 2014, as amended in December 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 25.750 of Preservation of Cultural Property and Heritage (Ley No. 25.750 de Preservación de Bienes y Patrimonios Culturales)

Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Arts. 2 and 3 of Law No. 25.750 stipulate that foreign equity ownership in digital content producers and Internet service providers may not exceed 30%. This limit may be exceeded in the event of a reciprocity agreement. There is no definition of digital content producers in the law. In addition, Art. 13 of Law No. 27.078 provides that ENACOM (Ente Nacional de Comunicaciones, National Communications Entity) must approve any proposed changes to shareholdings or partnership interests in companies in this sector if such changes would affect the control of the company.
Coverage Digital content producers and Internet service providers

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
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[{"post_id":"113435"},{"post_id":"113436"},{"post_id":"113437"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'AR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'AR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

ARGENTINA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.7%
Coverage rate of zero-tariffs on ICT goods (%)
38.46%
Coverage: ICT goods

ARGENTINA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the 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

ARGENTINA

Since April 2009, extended in September 2015 and July 2021, until July 2026

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator 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

ARGENTINA

Since August 2001
Since September 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Decree 1023/2001 – National Government Procurement Regulations (Decreto 1023/2001 - Régimen de Contratación de la Administración Nacional)

Regulatory Decree 1030/2016 – Regulations implementing Decree 1023/2001 (Decreto Reglamentario 1030/2016 - Reglamentación del Decree 1023/2001)
Under Art. 26(b)(1)–(2) of Decree No. 1,023 of 2001 and Art. 13 of Decree No. 1,030 of 2016, national tenders are restricted to suppliers domiciled or headquartered in Argentina, including foreign companies operating through a duly registered Argentine branch. Suppliers established abroad without a registered branch in Argentina may participate only in international tenders.
A procurement procedure is classified as international where the nature of the subject matter or the complexity of the procurement justifies extending the call to suppliers established abroad. The legislation does not prescribe a monetary threshold or any other automatic criterion requiring the use of international competition.
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

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