The recent Decree 457/2025, published in the Official Gazette of the Argentine Republic on July 8, 2025 , brings significant modifications to Law N° 18.398, which governs the Argentine Naval Prefecture. These updates aim to modernize and align the force’s structure and functions with current maritime security and control realities, directly impacting the regulatory framework for navigation and port operations.
To whom does the Argentine Naval Prefecture now belong?
One of the most notable changes is that the Argentine Naval Prefecture, which previously depended on the Commander-in-Chief of the Navy , will now organically report to the Ministry of National Security. This change consolidates it as a Federal Security Force , with distinct responsibilities and functions from Defense Forces. The National Naval Prefect, as the head of the force, will be responsible for its organization, preparation, deployment, administration, justice, governance, and discipline , under the supervision of the Ministry of National Security.
Expanded Functions of the Prefecture under the Ministry of Security
The Argentine Naval Prefecture, as a Federal Security Force, will play a fundamental role with expanded and specified powers:
- Navigation Security Police and Pollution Prevention Police: It will intervene in all matters related to navigation and pollution prevention from vessels, enforcing laws and issuing ordinances. It will be the Implementing Authority for international instruments ratified by Argentina in this field.
- Maritime Security and Protection Police: It will maintain public order and contribute to the internal security of ports and navigable waterways. It will intervene in illicit acts against maritime, fluvial, lake, and port security , and will oversee the application of international maritime and port protection instruments.
- Judicial Police: It will intervene in crime cases, carrying out necessary procedures to verify facts, discover, and detain perpetrators and participants , and will instruct summary proceedings for navigation incidents.
- Administrative Jurisdiction of Navigation: It will investigate and judge infractions of the administrative navigation and port regime.
- Authority of the “SISTEMA GUARDACOSTAS”: It will be the enforcing body for the “SISTEMA GUARDACOSTAS” , a police system for surveillance, control, and monitoring of maritime spaces and other areas where it provides services , with higher normative hierarchy.
- Participation in International Missions: At the request of the National Executive Power, it may participate in International Missions in accordance with its functions and capabilities.
- Auxiliary Fishing Police: This function is expressly incorporated , in concordance with the Federal Fishing Regime (Law N° 24.922).
How might this regulation affect a foreign company or one with maritime operations in Argentina?
Foreign companies or those with maritime, fluvial, and lake operations in Argentine jurisdictional waters or its ports may need to pay special attention to the following implications, as they represent potential changes or a reinforcement of existing responsibilities:
- Potentially Increased Emphasis on Compliance with International Regulations: The Prefecture could apply with greater rigor international instruments ratified by Argentina as a flag state, coastal state, and port state. This could imply intensified oversight over foreign vessel and naval artifact operations concerning navigation safety and pollution prevention.
- Potentially Stricter Traffic Regulation and Port Security: The Prefecture may direct and organize maritime, fluvial, and lake traffic services , and address with increased emphasis illicit acts against maritime and port security. Companies might need to adhere strictly to established security and traffic protocols, which, according to the new regulation, shall follow principles of celerity, economy, simplicity, efficacy, and efficiency, as well as evaluating cost-benefit and economic impact.
- Enhanced Surveillance with “SISTEMA GUARDACOSTAS”: The designation of “SISTEMA GUARDACOSTAS” as the enforcing authority suggests an improved capacity for the Prefecture to reliably determine the position of national and foreign vessels in maritime and fluvial spaces where natural resources are exploited. This could directly impact the control of fishing and other exploitation activities.
- Potential Reinforcement of Fishing Control: The explicit incorporation of the Auxiliary Fishing Police function could signify stricter control over fishing and natural resource exploitation activities by the Prefecture, which might directly affect companies in these sectors.
- Technical Supervision of Salvage and Underwater Works: The Prefecture will continue to exercise technical supervision over these activities , requiring companies to comply with high safety standards and relevant regulations. The regulation aims to reduce state interference in these private activities, limiting it to technical supervision, which would still allow the provision of services without undermining high safety standards in the field.
This decree underscores an effort to update the legal and operational framework of the Argentine Naval Prefecture, seeking greater efficiency and a more consolidated role as a federal security force. At Simonsen, we will continue to monitor any new regulations or updates that may arise to keep you informed.
