regulatory-research-argentina

name

regulatory-research-argentina

description

@deprecated — use regulatory-research-international with WALTER_JURISDICTION=Argentina instead. Kept for backward compatibility (operator trade-off T3). Research Argentine national, provincial, and municipal regulations relevant to procurement (Law 13.064, provincial decrees, Compr.Ar/BAC), medical data (Law 26.529, Law 25.326, ANMAT), and general business compliance (IGJ, AFIP/ARCA, small-taxpayer regime, gross-receipts tax). Produces research, NOT legal advice — every output requires counsel review.

@deprecated — This skill is retained for backward compatibility (operator trade-off T3). For new projects, use regulatory-research-international with WALTER_JURISDICTION=Argentina and WALTER_REGULATORY_DOMAIN=<domain>. This skill will be moved to the operator's personal overlay in a future cleanup. Reference copy also at: contexts/_examples/skills/regulatory-research-argentina.example.md

Regulatory Research Argentina

Research and document Argentine legal/regulatory context for projects. Argentine regulation is layered: national (law + decree + resolution), provincial (provincial constitution + provincial laws), and municipal ordinances. Federal precedence applies but provinces have significant autonomy in many areas, especially health, procurement, and taxation.

This skill produces research, not legal advice. Every output is reviewed by counsel before being relied on for compliance decisions.

When to invoke

• New product feature touches a regulated activity
• A specific user-facing claim could be challenged ("compliant with X")
• A partner asks "is this legal in Argentina"
• Cross-border data flow is involved
• Specific industry: health, fintech, procurement, capital markets

Output format

docs/regulatory/<topic>-<YYYY-MM-DD>.md:

# Regulatory Research: <Topic>

**Date**: 2026-05-03
**Researcher**: <you>
**Project**: [Project A] / [Project B] / [Company]-AR / etc.
**Status**: Working draft / Reviewed by counsel / Final

## Question

<The specific question you're answering>

## Short answer

<2-3 sentences. The bottom line. With "subject to counsel review" caveat
when there's any ambiguity.>

## Applicable regulations

### National
- **Law X.XXX** (year): <name>. Relevant articles: <art X, Y>.
  Source: infoleg.gob.ar/<id>
- **Decree X/YYYY**: <name>. Relevant articles: <art X>.
- **Resolution X/YYYY (Ministry of Y)**: <name>.

### Provincial (if relevant)
- <Province>: Law X. Source: <link>

### Municipal (if relevant)
- <CABA / specific municipality>: Ordinance X.

## Detailed analysis

<Walk through the question. What does each rule say? What's the
intent? Where do they intersect?>

## Practical implications for <project>

- <what we can do>
- <what we can't do>
- <what requires additional process / authorization>

## Open questions / requires legal counsel

<What we need a lawyer to confirm. Don't pretend to be one.>

## Sources

- infoleg.gob.ar links (primary source for laws)
- Official Gazette for recent decrees
- AAIP / IGJ / ARCA / ANMAT websites for sector-specific
- Legal doctrine if cited (academic / professional commentary)

Key regulatory areas

Procurement ([Project A])

Primary frameworks:

• Law 13.064 — Public works (national). Foundational for public works contracting. Old (1947) but actively applied. Verify current consolidated text.
• Decree 1023/2001 — National public-administration procurement regime. Federal procurement umbrella.
• Decree 1030/2016 — Regulatory decree, more recent operational rules.
• ONC (National Contracting Office) — issuing authority for national-level rules. Compr.Ar is their platform.
• BAC (Buenos Aires Compras) — CABA-specific platform, separate legal regime.
• Provinces — each has its own regime. Buenos Aires Province uses Law 13.981. Mendoza, Cordoba, and Santa Fe each differ.
• Tender terms and conditions — the tender's specific rules, which can be more strict than the underlying law.

For [Project A]:

• We don't replace the official platforms (Compr.Ar, BAC, provincial). We layer on top with better UX.
• Suppliers' obligations are defined by law plus tender terms. We help them comply, not bypass.
• Sealed-bid mechanics in code must match the legal sealing requirement (typically: bid hash committed before tender close, revealed after).
• Audit trail must be reviewable by the contracting authority.

Medical / health ([Project B])

Primary frameworks:

• Law 26.529 — Patient rights, including:
  • Right to access own medical record
  • Right to confidentiality
  • Informed consent requirements
  • Right to refuse treatment
• Law 25.326 — Personal data protection. The Argentine GDPR predecessor. Reform discussions are ongoing; verify current text.
  • "Sensitive data" definition includes health
  • Special protection: needs explicit, written, informed consent
  • AAIP enforcement (Agency for Access to Public Information)
• Electronic medical record — Verify current national framework for digital health records. Interoperability requirements typically include HL7 FHIR compatibility.
• ANMAT — Regulates medical devices and software-as-medical-device. If [Project B] makes claims that affect diagnosis/treatment, ANMAT jurisdiction kicks in.
• Provincial health ministries — Each may have additional rules for clinics operating within their jurisdiction.

For [Project B]:

• Patient is the data owner; system enforces this even against operators.
• No PHI to external LLMs ever (overlaps with medical-data- compliance skill).
• Encryption at rest, in transit, key management documented.
• Audit log of every read/write, accessible to the patient.
• Right to deletion: patient request honored within statutory window.
• Cross-border data transfer: Law 25.326 article 12 — destination must have "adequate protection level". EU OK (per AAIP determination). US case-by-case.
• Argentine law applies for Argentine patients regardless of server location.

Business operations (any project)

• AFIP / ARCA — Tax authority. Small-taxpayer regime, registered taxpayer status, VAT, income tax. Choose the right regime per revenue level.
• IGJ (federal corporate registry) — Corporate registry for sociedades. SAS preferred for tech startups (faster, cheaper).
• Provincial registries — Outside CABA, IGJ-equivalents per province (e.g., DPPJ Buenos Aires).
• Gross-receipts tax — Provincial tax. Multilateral agreement applies when operating in multiple provinces.
• Consumer Protection — Law 24.240. Applies to B2C products with specific disclosure / cancellation rules.

Cross-border / fintech / crypto

• BCRA — Central bank. Regulates exchanges, stablecoins, MEP-CCL rules.
• CNV — National Securities Commission. Token offerings may fall under here depending on structure.
• UIF — Financial Information Unit. AML/PEP/KYC obligations.
• ARCA — Customs/imports.

Research process

1. Define the question precisely. "Can [Project B] store medical records on AWS US-East?" beats "Is [Project B] legal?"
2. Start with infoleg.gob.ar. Search by topic, by law number, by article. Read the actual text — summaries on third-party sites are often outdated.
3. Check for vigencia (in-force status). Laws can be repealed, modified, suspended. Infoleg shows the consolidated text.
4. Find the implementing decree. Most laws need a decree for operational details. Check the Official Gazette.
5. Check resolutions. Sector regulators (ANMAT, AFIP, BCRA) issue resolutions constantly that change practical compliance.
6. Read 2-3 legal doctrine sources. Argentine legal commentary is rich and often clarifies ambiguity. SAIJ (Argentine Legal Information System) has free access.
7. Find precedents if possible. Courts have interpreted these laws — relevant interpretations matter.
8. Identify the gaps. What does the law NOT say? What's emergent? Crypto, AI, and digital health all have these gaps.
9. Document open questions for counsel. Always have these. We're not lawyers; we're well-informed engineers/operators.

Important caveats

• This skill produces research, not legal advice. Every output is reviewed by counsel before being relied on for compliance decisions.
• Argentina's regulatory environment changes fast. Decrees can shift rules overnight (especially under DNU regime). Re-research before relying on stale analysis.
• Federalism is real. A national rule may have provincial variation. Always check the specific jurisdiction.
• "Spirit of the law" matters. Argentine courts use teleological interpretation; the intent often matters more than the literal text. Legal doctrine helps capture this.

Key online resources

• infoleg.gob.ar — Primary source for legislation. Always start here.
• Official Gazette online (boletinoficial.gob.ar) — Recent norms, before they hit infoleg.
• SAIJ (saij.gob.ar) — Legal doctrine, case law, free access.
• AAIP (argentina.gob.ar/aaip) — Personal data protection.
• IGJ (argentina.gob.ar/inspeccion-general-de-justicia)
• AFIP / ARCA (afip.gob.ar)
• ANMAT (anmat.gob.ar)
• ONC / Compr.Ar (comprar.gob.ar)
• BAC (buenosairescompras.gob.ar)
• CSJN (csjn.gov.ar) — Supreme Court cases.

Anti-patterns

• Citing sites that aren't primary sources — blogs, summaries, Wikipedia. Always link to infoleg or BO.
• Treating legal doctrine as binding — it is persuasive, not binding.
• Confusing nacional with CABA — CABA is a city + autonomous jurisdiction. Many "Argentine" rules are actually CABA rules.
• Assuming gringo equivalents apply — "GDPR-compliant" doesn't mean Law 25.326 compliant. They overlap, but Argentina has its own obligations, especially written informed consent.
• Skipping legal review — research informs, counsel decides. For any compliance-bearing decision, get the lawyer's sign-off.

Integration

• medical-data-compliance consumes [Project B]-relevant findings.
• Skills authoring specs reference applicable regulations in scope.