Creation of the Undersecretariat of Information and Communications Technology
TMT (Telecoms, Media, Technology) department report | Creation of the Undersecretariat of Information and Communications Technology
On July 18, 2024, Decree 644/2024 (the “Decree”, available only in Spanish here) of the National Public Administration (“NPA”) was published in the Official Gazette establishing the creation of the Undersecretariats of Information and Communications Technologies and of Administrative Management of Innovation, Science and Technology, under the Secretariat of Innovation, Science and Technology. Thus, the Undersecretariats of Communication and Connectivity and Information Technologies are now unified.
The Decree, which entered into force on the day of its publication, approves under the following:
• Annex I: “Spreadsheet annexed to Article 1”.
Article 1 stipulates the transfer of the Secretariat of State Transformation and Public Function, its dependent Undersecretariats of State Transformation and Reform and of Development and Modernization of Public Employment, the Secretariat of State Transformation and its dependent Undersecretariats of Deregulation and Regulatory Quality from the orbit of the Office of the Chief of Cabinet of Ministers to the Ministry of State Transformation and Deregulation.
Annex I mentions which units were transferred to the Ministry of State Transformation and Deregulation.
• Annexes II, III, IV & V: “Spreadsheets annexed to Articles 8, 9, 10 & 21 (Annex II)”.
Articles 8, 9, 10 and 21 regulate the replacement of the objectives approved by Article 2 of Decree 50/2019 -which provided for the organizational structure of the APN, where the organizational chart of application of the centralized national administration was approved up to the level of Undersecretary- by those established in these annexes.
Among them, it is mentioned that the Undersecretariat of Information Technologies is responsible for “proposing plans and programs for the implementation of the Universal Service Trust Fund” and “assisting in the supervision of ENACOM”, which remains under the Secretariat of Innovation, Science and Technology.
In addition, it shall “promote the updating and international coordination of the National Table of Radio Spectrum Band Allocation, with the aim of universalizing Internet access and mobile services”. Among its functions, it must “propose updates to the telecommunications regulatory frameworks”.
The new Undersecretariat has 23 objectives, including support for “policies that promote open government, governance, data management and digital government” and the “policies necessary to manage public information as a strategic resource for informed decision making”. It is also responsible for the data openness strategy and the promotion of “bilateral, multilateral and interjurisdictional agreements that facilitate the opening of National Public Sector data”.
Regarding AR-SAT, the new unit must “prepare recommendations and assist the Secretariat for a better exercise of the corporate rights of the National State’s shareholdings or capital participations”. In addition, it has the task of “recommending alternatives for the adequate use of its network infrastructure”.
It is also responsible for the “elaboration of proposals for the Fundamental Technical Plans for Numbering and Number Portability”. Likewise, it shall participate in the “design of regulatory policies that promote the development and inclusion of communications”, as well as artificial intelligence, blockchain technology, data governance, internet governance and the internet of things.
• Annex VI: “Spreadsheet annexed to Article 22 (Annex III)”.
Article 22 dictates the incorporation to Annex III -jurisdictional areas in which the deconcentrated and decentralized agencies shall act-, approved by Section 3 of Decree 50/2019, Section IV Bis, Secretariat of State Intelligence, and the replacement of the same Annex of the part corresponding to the Presidency of the Nation and Sections I. General Secretariat, V. Office of the Chief of Cabinet of Ministers, IX. Ministry of Economy and XVI. Ministry of Health.
• Annex VII: “Spreadsheet annexed to Article 28”.
Article 28 establishes the transfer of the organizational units mentioned in this Annex from the orbit of the Office of the Chief of Cabinet of Ministers and the Press Secretariat of the Presidency of the Nation to the orbit of the General Secretariat of the Presidency of the Nation.
In addition to these issues, Article 6 of the Decree states that the General Secretariat shall have the purpose of “managing and controlling the media under the responsibility of the National Executive Power and those companies of the sector in which the jurisdiction is a shareholder”. Then, it goes on to say that it must “understand the guidelines of the policies related to National Public Media and their implementation”.
On the other hand, Article 7 lists the objectives of the Undersecretariat of Government Spokesperson and Communication, headed by Manuel Adorni. Among them, it mentions the administration of the new State Advertising Agency (“SAA”), Public Contents and Radio and Television Argentina (“RTA”).
In addition, it shall “chair the Advisory Council of the Argentine Digital Terrestrial Television System”, “understand matters related to the planning and projection of public opinion and requests for management information”, “be in charge of the administration and operation of Public Contents S.E., as well as of the operation, development and exploitation of the content and operation of the Audiovisual Production Center and of the signals comprising such Company” and “advise the General Secretariat in the definition of the communication and content strategy carried out by channels and platforms of direct communication of the National State with the citizens”.
Finally, the Decree creates, in its Article 29, the Special Temporary Executive Unit “Agency for the Transformation of Public Enterprises” within the scope of the Ministry of Economy. Among its objectives, it is mentioned that it shall “coordinate the implementation, evaluation and follow-up of the processes of transformation of the legal structure, merger, spin-off (…), privatization and/or partial” of public enterprises.
In addition to this, it will have the function of “assisting the Minister of Economy (…) to comply with the Processes of Reorganization of Public Companies” -in addition to following up the privatization processes-.
Emilio Beccar Varela
Florencia Rosati
Mariana Lamarca Vidal
Martín Beccar Varela