JANUARY 23, 2025

Maritime, River, and Lacustrine Navigation Regime (REGINAVE) Decree 37/2025

CIRCULARS

Public Law Department Report | Maritime, River, and Lacustrine Navigation Regime (REGINAVE) Decree 37/2025.

On January 17, 2025, Decree No. 37/2025 of the National Executive Branch was published in the Official Gazette, approving the “Maritime, River, and Lacustrine Navigation Regime” (from the Spanish REGINAVE) and establishing the Argentine Naval Prefecture as the enforcement authority of the regime.

The update of REGINAVE aims to eliminate provisions that have become obsolete considering the current reality and, at the same time, reduce unnecessary authorizations.

The main modifications include the following:

1-Modernization of Management and General Principles: In all procedures and the issuance of supplementary regulations, the Argentine Naval Prefecture shall ensure the facilitation of citizen participation and the streamlining of administrative processes. The approval or certification of vessels, naval artifacts or elements, and their operations, as well as those of individuals or legal entities within the sector, shall be valid throughout the country and shall not require additional approval or certification from any other jurisdictional authority. Approvals and certifications issued prior to the publication of the new Regulation shall retain their originally granted validity.

2-Economic Freedom and Contracting: Maritime, river, and lake navigation activities are governed by the principle of freedom protected in the National Constitution, and restrictions or regulations may only be imposed for reasons of navigation safety, port safety, or environmental protection. No additional approvals shall be required for the construction, repair, operation, or transfer of ships, naval artifacts, or any other elements that comply with internationally recognized standards, certifications, authorizations, and inspections, as established in this Regulation.

3-Simplified Regime: Vessels or naval artifacts constructed or modified within Argentine territory or abroad with the intention of being registered in the National Registry can be inspected—during construction, modification, repair, and dismantling—by a Recognized Organization or a licensed professional, except for vessels and naval artifacts required to have a National Navigation Safety Certificate. (101.0103)

4-Technical Assessment Elements: These are typically controlled by the Argentine Naval Prefecture. However, in the case of vessels or naval artifacts subject to Article 101.0103 – “Simplified Regime,” compliance with applicable regulations will be verified by a Recognized Organization or a licensed professional. (804.0103)

5-Watchmen: The hiring of watchmen by any vessel is now optional. (Replacement of Section 2 of Chapter II, Title II of the Annex “Regulations on Port Security Regime” of Decree No. 890 of April 25, 1980).

6-Various Regulations: The new regime includes modifications in: (i) Equipment and construction of vessels and naval artifacts (Title 1); (ii) Registration, flagging, vessel logbooks, and safety management (Title 2); (iii) Navigation in waters under national jurisdiction, vessels in ports, and fishing vessels (Title 3); (iv) Regulations for nautical-sporting activities, passenger transportation, and the regulation of Paraguayan vessels in Argentine waters (Title 4); (v) National merchant marine personnel, river pilots, and maritime pilots (Title 5); (vi) Land-based personnel of the national merchant marine (Title 6); (vii) Foreign personnel in Argentine waters (Title 7); (viii) Prevention of pollution from vessels (Title 8); (ix) Procedural rules for contraventions under the administrative navigation regime (Title 9).

Please do not hesitate to contact us for any additional inquiries.

Oscar R. Aguilar Valdéz

Juan A. Stupenengo

Santiago Barbarán