Argentina Argentina ENACOM platform liability

Argentina's RAMATEL Rules Put Marketplaces on the Hook for Listings, and Delay Shows the Rollout Is Not Ready

ENACOM Resolution 57/2026 moves telecom approvals to third-party certifiers and makes marketplaces police RAMATEL numbers. Its start is now 1 December 2026.

Argentina's RAMATEL Reform at a Glance People of Internet Research · Argentina 1 Dec 2026 New start date Resolution 843/2026 replaced the 1… 24 months Class A surveillance cycle Certification agencies run control… 3 years Legacy registration validity Old registrations must adapt to th… peopleofinternet.com
Argentina's RAMATEL Reform at a Glance People of Internet Research · Argentina 1 Dec 2026 New start date 24 months Class A surveillance cyc… 3 years Legacy registration val… peopleofinternet.com

Key Takeaways

The date in the headlines is out of date

Several summaries of Argentina's new telecom equipment regime say it took effect on 1 September 2026. That is no longer correct. On 26 August 2026, ENACOM issued Resolution 843/2026, published in the Boletín Oficial on 28 August. It rewrites Article 13 of Resolution 57/2026 so the new RAMATEL regulation applies from 1 December 2026, not 1 September. The considerandos say ENACOM's technical directorate found that the conditions for implementing RAMATEL properly were not in place within the original deadlines (CIRA text of Resolution 843/2026). Until 1 December, registrations continue under Resolution 729/80.

The reform itself is real, and its design is worth assessing on its merits.

What Resolution 57/2026 does

ENACOM's Resolution 57/2026 is dated 24 February 2026 and was published on 26 February (Boletín Oficial). Sources that cite 26 February are using the publication date. The main changes:

The strongest case for the rules

The regulator's logic deserves a fair hearing. Under the old model, ENACOM reviewed each approval itself. That bottleneck is slow and expensive, and importers have long complained about it. Moving to accredited certifiers is the standard international answer, and it frees the regulator to concentrate on enforcement. The e-commerce rule responds to a real problem. Uncertified routers, radios and chargers reach consumers through online listings, where a customs inspector never sees them, and where a visible registration number lets buyers and enforcement staff check a product. Putting some duty on the platform is the only way to reach a seller who sits abroad.

Where the design is weak

The pro-innovation objection is not to certification. It is to how the burden lands and how loosely it is defined.

First, Article 10 as summarised is a display duty, but Article 8 bars offering unregistered products. Whether a marketplace must verify that a number is genuine, or only that one is shown, decides whether this is a modest labelling rule or a pre-screening obligation. Pre-screening millions of third-party listings pushes platforms to remove borderline listings and block small foreign sellers, which hurts Argentine consumers most. A proportionate rule would tie liability to notice: act on a credible report or a regulator's request, and do not treat the platform as guarantor of every listing.

Second, the regime's quality depends on the certifiers, and they are not yet in place. Article 7 offers one-year provisional recognition to firms already accredited under ISO/IEC 17065. That is a pragmatic bridge, but it shows how thin the supply of qualified bodies is. The postponement points the same way. ENACOM's own technical staff concluded it was not ready, which is a candid admission and a good reason to be sceptical of any enforcement date before capacity exists.

Third, the transition rules have been reported inconsistently. The Marval summary says legacy registrations have until 26 February 2029 to comply. The Boletín text summarised for this article and the Resolution 843/2026 text describe registrations as valid for three years and then automatically cancelled unless they are adapted to the new rules (Baker McKenzie). Businesses planning inventory cannot work from conflicting summaries. ENACOM should publish a consolidated text and a plain-language transition table.

What ENACOM should do before 1 December

The delay is an opportunity, and three steps would make the regime work:

Done well, the shift to private certifiers and non-expiring registrations can cut costs for legitimate importers and speed new devices to market. Done badly, it hands compliance risk to intermediaries and delays approvals while certifiers are still being accredited. The postponement suggests ENACOM sees the gap, and the next three months will show whether it closes it.

Sources & Citations

  1. Boletín Oficial – ENACOM Resolution 57/2026
  2. Boletín Oficial – ENACOM Resolution 843/2026
  3. CIRA – text of Resolution 843/2026
  4. Marval O'Farrell Mairal – New Telecommunications Equipment Regime
  5. Baker McKenzie – ENACOM delays RAMATEL implementation