The president Javier Milei sent to Congress the National Sovereignty Defense Law project, an initiative that seeks to profoundly modify the tools with which the Argentine State responds to external threats.
Although the Malvinas cause constitutes the origin and one of the main axes of the initiative, the project goes much further than the dispute over the islands. The Government proposes to integrate under a single strategy issues related to Defense, Intelligence, foreign policy, economy, cybersecurity, critical infrastructure, and national security.
The initiative also replaces the current regime established by Law 26,659 and establishes a much broader framework to sanction those who participate in the unauthorized exploitation of Argentine natural resources.
Penalties of up to 20 years for exploiting resources without authorization
One of the toughest chapters is linked to the economic activities developed around Malvinas and other areas over which Argentina claims sovereign rights.
The project establishes that the exploitation of renewable and non-renewable resources will require authorization from Argentine authorities. Thus, the scope would not be limited to hydrocarbons but could also encompass activities such as fishing.
Additionally, the regime targets the entire chain involved in an operation deemed illegal.
Sanctions could extend to companies, shareholders, controllers, suppliers, and providers of financial, technical, or logistical services that are essential for those activities.
In criminal matters, the penalties provided can reach up to 20 years in prison for certain behaviors related to the exploration and exploitation of non-renewable natural resources.
Fines ranging from 4,000 to 500,000 barrels of oil, disqualifications of up to 20 years, and restrictions on contracting with the State are also contemplated.
The Government recovers the shoot-down regime
Another central point is the incorporation of an aerospace protection regime that contemplates the progressive use of force against aircraft deemed hostile.
The procedure begins with the identification of the aircraft and the corresponding warnings. If the aircraft maintains behavior considered hostile, military response may proceed.
The use of force is presented as a last resort and requires an express order from the President, although the project allows delegating that authority to the Minister of Defense.
The proposal thus resumes a tool that had been established during Mauricio Macri's government and later repealed during Alberto Fernández's administration.
A National Security Council with Milei at the helm
The project also creates a National Security Council, which will function as the governing body of a new National Security System.
The body will be chaired by the President and will include the permanent participation of the Chief of Staff, the Ministers of Foreign Affairs, Defense, and Economy, the Secretary of State Intelligence, and the Secretary of Legal and Technical Affairs.
The central idea is to end a fragmented management of strategic issues and establish a permanent coordination among the different areas of the State.
The Council will have the authority to request information and assistance from national agencies and may seek cooperation from provinces, municipalities, and the City of Buenos Aires.
Tariffs and asset blocking in the face of external threats
The initiative also incorporates economic tools that can be used in situations deemed a serious and imminent threat to National Security.
Among the measures provided are currency restrictions, limitations on transfers and payments, controls over imports and exports, suspension of permits and concessions, and blocking of funds and assets under Argentine jurisdiction.
The project also enables a mechanism to temporarily increase the import and export duties applicable to an involved foreign State, with a limit of up to 75%.
Thus, economic and trade policy becomes an explicit part of the National Security tools.
National Defense: a broader perspective
The reform also modifies the National Defense Law to broaden the definition of threats that may affect Argentina.
The project contemplates both state and non-state threats, as long as they have an external origin, and adds dimensions that exceed the traditional military field.
Cyberspace, the electromagnetic spectrum, strategic infrastructure, and certain attacks against critical systems become part of the National Security analysis framework.
The Armed Forces must be prepared to respond to conventional and non-conventional operations, in addition to other military operations distinct from war.
