Argentina

Argentina

Allows the privatization of 8 public enterprises

27 Jun 2024

On 27 June 2024, the Congress of Argentina passed Law No. 27,742, known as the “Ley Bases” or “Bases and Starting Points for the Liberty of the Argentine People” in English. Among other, the Ley Bases authorizes the executive branch to privatize, totally or partially (depending on the entity), the following eight entities currently owned or controlled by the Federal Government:

  • Energía Argentina S.A. (known as “ENARSA”), which engages in oil and gas exploration, exploitation and distribution, electric power generation, distribution and trade, and oversees the construction of major gas pipes and dams in the country;
  • Agua y Saneamientos Argentinos S.A. (known as “AYSA”), which is in charge of the provision of water and of the sewer system in the City of Buenos Aires and parts of the Province of Buenos Aires;
  • Belgrano Cargas y Logística S.A. and Sociedad Operadora Ferroviaria S.E which, respectively, operate the country’s main freight and passenger rail networks;
  • Corredores Viales S.A., a concessionaire of several roads and highways in the country;
  • Intercargo S.A.U., which provides ramp services in Argentina’s major airports;
  • Yacimientos Carboníferos Rio Turbio, the coal mining company that runs the Río Turbio coal mine; and -Nucleoeléctrica Argentina S.A., the nuclear power company that operates the three existing and operating nuclear power plants in Argentina.

On 2 August 2024, the Government of Argentina adopted Decree 695/2024, which was published in the Official Gazette on 5 August 2024. This regulation details the procedures to be followed for the sale or concession of strategic state-owned companies, which is a fundamental step in the implementation of the privatization law passed in June.

Nature of measure:
  • Liberalization
Type:
  • Entry and establishment (Ownership and control)
Industry:
  • Primary (Mining and quarrying)
  • Services (Electricity, gas, steam and air conditioning supply, Water supply, sewerage, waste management and remediation activities, Transportation and storage)
Inward FDI:
No
Outward FDI:
No
Sources:

  • The Investment Policy Monitor provides the international investment community with up-to-date, country-specific information on recent policy developments affecting foreign direct investment (FDI).

    Through its ongoing monitoring of investment policy changes, UNCTAD delivers cutting-edge and forward-looking contributions to investment policy discourse. The Monitor also supports evidence-based policymaking aimed at ensuring that foreign investment contributes to sustainable development. The Monitor also informs the analysis of global and regional investment policy trends featured in the World Investment Report, the Investment Policy Monitor publications and the joint UNCTAD-OECD Reports on G20 Investment Measures.

    UNCTAD has tracked changes in national policies affecting FDI on an annual basis since 1992. Over time, the methodology has been revised to enhance the quality and consistency of reporting. The most recent revision, completed in 2024, further refined the monitoring framework and applied the updated classification to policy measures dating back to 2012.

  • UNCTAD Investment Policy Monitor

    The UNCTAD Investment Policy Monitor database compiles official measures affecting FDI adopted by United Nations Member States. These encompass measures explicitly targeting foreign investment (FDI-specific), as well as general investment measures that have a clear impact on such investment (FDI-related).

    The measures are either reported directly to UNCTAD by Member States through annual surveys or identified by UNCTAD researchers through publicly accessible sources (such as government websites and specialized policy databases).

    The classification of measures as more or less favourable to investors is based solely on their potential impact on investors. The type of measures included in each category are described below. This classification does not reflect any value judgement by UNCTAD on the merit or suitability of the measure.

    Classification of the nature of measures

    More favourable to investors

    Liberalization: includes privatization; lifting of entry restrictions (e.g. opening of sectors to FDI) and entry conditions (e.g. minimum capital requirement); removal (total or partial) of FDI screening or approval mechanisms; lifting of foreign exchange restrictions; liberalization of land access.

    Facilitation: includes streamlining of investment procedures (e.g. one-stop shops); greater transparency of investment-related laws and procedures (e.g. information portals); introduction by IPAs and other entities of new services to assist investors (e.g. linkages programmes, investor visa facilitation or alternative dispute resolution mechanisms).

    Promotion: includes establishment of IPAs or other institutions with a remit as investment promoters and expansion of their mandate; adoption of investment promotion strategy and plans; introduction of PPPs, auctions, and concessions initiatives or framework; introduction of OFDI promotion initiatives.

    Incentives: includes adoption of new tax and financial incentives schemes for investment; introduction of other incentives (e.g. citizenship by investment programmes); adoption of new SEZ-related incentives.

    Other regulatory changes: includes enhancement of investor treatment and protection guarantees; easing of labour or migration regulations concerning foreign hires and key personnel; removal of operational restrictions on investment (e.g. local content requirements).

    Less favourable to investors

    Entry: includes introduction or tightening of entry restrictions (e.g. total or partial ban on FDI in specific sectors); introduction or tightening of entry conditions (e.g. minimum investment threshold, joint venture requirements or State participation in strategic sectors); introduction or expansion of screening mechanisms for national security.

    Treatment and operation: includes introduction or expansion of foreign exchange restrictions; introduction or expansion of restrictions on foreign hires and key personnel; removal or reduction of investment incentives; introduction or expansion of post-establishment requirements for local content; reduction of guarantees for investment treatment and protection; introduction or expansion of restrictions on OFDI.

    Note: Measures are verified, to the fullest extent possible, by referencing government sources. The compilation of measures is not exhaustive.

    Disclaimer: the boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.

Latest publications

collapse
24 Apr 2025

Derisking investment for the SDGs: the role of political risk insurance

Read more
04 Feb 2025

Investment Policy Monitor 30: Political risk insurance

Read more
14 Jan 2025

Investment Policy Review of Tunisia

Read more