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up to date · reviewed Oct 15, 2026
In force since Sep 5, 2026

The law banning operations in the Falklands now has someone to enforce it, on a clock — and without signing that you comply there is no RIGI

Decreto 868/2026 (Official Gazette 04-Sep-2026)
in forceNATIONAL Energy and natural resources

Appoints the Foreign Ministry as enforcement authority for Ley 26.659, sets deadlines of 5, 10 and 10 working days for the proceedings and requires a sworn statement of compliance to enter the RIGI.

The other rules on this subject43

Energy: free export of hydrocarbons and gasDecretos 1057/2024 and 1060/2024in force
The State reorders the trunk gas pipelines and forces firm transportation contracts to be redrawnRes. SE 66/2026 (Official Gazette, Mar 13, 2026) + Res. ENARGAS 409/2026in execution
Hydrocarbons: the pre-export local offer fallsSE Res. 166/2026 (Official Gazette, Jul 22, 2026)in force

What changed and who it applies to

What changed
Ley 26.659 has banned exploring for and producing hydrocarbons on the Argentine Continental Shelf without Argentine authorisation since 2011, and it also reaches whoever sells to that operator, handles its logistics or advises it. What was missing was the machinery to enforce it, and that is what this decree builds, in three pieces. First: who. Article 1 appoints the «MINISTERIO DE RELACIONES EXTERIORES, COMERCIO INTERNACIONAL Y CULTO como Autoridad de Aplicación de la Ley N° 26.659». Second: the clock. Article 2 instructs every agency of the national public administration to report facts that might amount to the banned conduct «en el plazo de CINCO (5) días hábiles administrativos»; proceedings open on the authority's own motion or on that report (art. 3); the authority assesses whether there are sufficient indications and orders «la apertura del sumario» (art. 4); the alleged infringer has «DIEZ (10) días hábiles administrativos» to name an address for service, file its defence and offer evidence (art. 5); and the reasoned decision comes «dentro de los DIEZ (10) días hábiles administrativos» counted from the defence, from the expiry of that deadline or from the close of evidence (art. 6). The sanctioning decision is published in the Official Gazette and notified to the Secretaría de Energía and the other competent agencies (art. 7). Third, and this is the one that touches the business: the hook into the RIGI. Article 9 adds subparagraph s) to article 47 of Decreto 749/2024 —the RIGI regulation— and requires the legal representative of the Single Project Vehicle to file a sworn statement that it complies with Ley 26.659; article 10 inserts an article 52 bis into that same regulation so that the Foreign Ministry rules on the vehicle's conduct under that law; and article 11 replaces article 2 of Decreto 1057/2024 and requires the same sworn statement to obtain hydrocarbon permits and concessions under Ley 17.319. Signed by Milei, Santilli, Caputo and Quirno. verif Sep 4, 2026 ↗
In force
5 September 2026. Article 12 says the decree enters into force «el día siguiente al de su publicación», and it was published on 4 September 2026. verif Sep 5, 2026 ↗
Who it applies to
Three groups. One: whoever is applying for or already holds RIGI status in hydrocarbons. Every Single Project Vehicle adds one document to the application, the sworn statement under article 47(s), and one more agency that gives its opinion on it, the Foreign Ministry. Two: the supplier, the logistics operator and the consultant, who have been inside the law's ban since 2011 and now face a procedure with deadlines and an authority that has to decide; article 2 obliges every agency of the National Public Administration that learns of something to report it within five working days. Three: whoever applies for a hydrocarbon permit or concession under Ley 17.319, who now signs the same sworn statement verif. That the second group is the one almost nobody is watching, and that on the map we have loaded the exposed chain is marine and subsea services in the San Matías Gulf, is our own reading thesis. thesis Sep 4, 2026
The norm
Decreto 868/2026 of the national executive (DECTO-2026-868-APN-PTE), signed on 3 September 2026 and published in the Official Gazette on 4 September 2026. It regulates the procedure under article 3 of Ley 26.659 and amends Decreto 749/2024 (the RIGI regulation) and Decreto 1057/2024. Ley 19.549 on administrative procedure and Decreto 1759/72 apply on a supplementary basis. verif Sep 4, 2026 ↗

Our reading

This is what puts a DATE on an advantage that until yesterday rested on a speech. The ban on the supplier is not new —it dates from 2011— but in fifteen years it never had an appointed authority or deadlines, and a ban with nobody to enforce it changes nobody's decision. Since 5 September 2026 it has both. thesis For the Argentine marine-services supplier the effect arrives through paperwork rather than punishment: the hook into the RIGI turns «having no business in the islands» into a requirement signed before the State to obtain the tax, customs and FX benefits. That makes it a condition of entry to the market, not a distant risk of sanction, and whoever meets it without doing anything is whoever never had the means to operate over there. It reads with R10 the other way round from how it was written: the rule does not remove a barrier, it raises one, and whoever ends up on the clean side is whoever was arriving late for lack of capital. And there is a counterweight worth saying: the decree adds one step and one agency to the RIGI process, which is exactly what the regime promised to avoid. On a large project that is time, and time is cost. And it is no longer just a power on paper: on Sep 4, 2026 the Foreign Ministry opened sanction proceedings against 45 individuals and companies over hydrocarbon activities in the Malvinas. thesis

Analyze this rule for my company

Where it lands, province by province1

Río Negro It puts a date on an advantage that Law 26.659 had promised since 2011 without being able to enforce it: it names an enforcement authority and sets deadlines, and a prohibition with no one to instruct it changed nobody's decision. For a marine services supplier based in Rio Negro that turns a dormant clause into an active filter on who may compete against it. And it brings the other half, which has a cost: it is the first new requirement added to the RIGI since the regime was implemented, so an applicant has one more item to certify. How much of this is real demand depends on how much offshore activity there is off the Rio Negro coast, which today is small. favorable cheaper to respond: investing takes time, held-back supply shows up at once thesis
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