By means of Executive Order No. 338/2025, published in the Official Gazette on May 20, a structural reform over civil aviation regulations has been enacted, which seeks to deregulate commercial aviation activities, while ensuring compliance with operational safety standards, as well as promote investments within the country. The Executive Order under analysis aims to eliminate any regulation affecting free trade and private organizational autonomy.
Main Provisions Amended
The Executive Order amends various articles contained in Chapters II, III, and IV of the Aeronautical Code. The key modifications introduced are detailed below:
a. Additions or Expansions
- Pursuant to the provisions of the Executive Order under review, the rights of parties to register an aircraft under the Argentine registry have been expanded.
- Authorizations shall be granted for a term not exceeding fifteen (15) years. In this regard, air transport service operators shall be required only to notify the competent authority of such operations, with no need for prior approval from the National Executive Branch.
- Given that the globalization of the aviation market has resulted in manufacturers, air operators, and financing entities being located in different jurisdictions, the electronic domicile concept is reinstated in the Civil and Commercial Code of the Nation. All notifications, communications, and legal notices directed thereto shall be deemed valid and effective.
b. Repeals or Substitutions
- The requirement of Argentine nationality has been repealed, whereby companies established for the purpose of operating domestic air transport services were previously required to appoint Argentine nationals with legal domicile in the country as corporate officers.
- The bureaucratic requirement to obtain authorization for each specific route to be operated by the air carrier has been eliminated.
- All legal provisions that infringe upon the rights to work, to engage in any lawful industry, and to navigate and conduct commerce, as recognized in Article 14 of the National Constitution, have been repealed.
- Provisions set forth in Article 131 of the Aeronautical Code that unduly restricted economic freedom have been eliminated.
The Executive Order under analysis shall enter into force on the date of its publication.
