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7 Aug 2026

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The following article is adapted from Simonsen and Pandi Liquidadores circulars with their permission.

Summary: Argentina’s Congress has approved joining the Nairobi Convention, but the Convention only takes effect once the Executive deposits Argentina’s accession with the IMO – a step that has not yet happened. Once in force, the Convention will govern wrecks only within Argentina’s Exclusive Economic Zone, unless Argentina makes a separate declaration extending it to the territorial sea and internal waters, which it has not done to date. Until then, most wrecks – in ports, rivers and coastal waters – will continue to be governed by the Argentine Navigation Law, not the Nairobi Convention.

What does this mean for vessels calling at Argentine ports?

On 18 June 2026, Argentina took a significant step toward aligning its maritime law with international standards, formally becoming a party to the Nairobi International Convention on the Removal of Wrecks, 2007. The move was completed through Law No. 27,812 (20 May 2026, published 12 June 2026). This constitutes a legislative approval; however, accession will only take formal effect once the Executive deposits the instrument of adherence with the IMO Secretary-General. This update ultimately places Argentina on a path to joining a growing list of nations adopting a framework for dealing with hazardous wrecks.

For an industry that has long operated under Argentina's domestic wreck removal regime, the ratification raises an immediate and practical question: what, in practice, changes for vessels calling at Argentine ports and operating in Argentine waters?

Where Does the Nairobi Convention Apply?

The Nairobi Convention was primarily developed to address a gap in international law. Historically, states had limited means of compelling ship owners to remove wrecks posing a hazard to navigation or the marine environment beyond their territorial waters. The Nairobi Convention’s geographical scope applies primarily within  the Exclusive Economic Zone (EEZ) of a State Party rather than its territorial sea or internal waters.

Crucially, the Convention permits, but does not require, a State Party to extend its application inward (to their own territory) to the territorial sea and internal waters through a declaration made to the IMO Secretary-General under Article 3(2). Several states that have ratified the Convention have made exactly this kind of declaration to ensure the regime applies uniformly across all their waters.

As matters currently stand, Argentina's Congressional approval of this legislation does not appear to include such a declaration and no separate notification to the IMO has been made public. That distinction  is significant in practice, as it determines which legal regime (international or domestic) governs a particular wreck incident.  That is especially important given that most wrecks occur in ports, rivers, and coastal waters rather than within the EEZ.

Unless a declaration is made, wrecks located within Argentina’s territorial sea and internal waters will continue to be governed by the provisions of the Argentine Navigation Law (Law No. 20,094) rather than by the Nairobi Convention.

What will the Convention Change, and Where does It Apply?

Where the Nairobi Convention does apply, it establishes a distinct set of obligations and protections from those under Argentina's existing legal framework as set out in the Argentine Navigation Law (Law No. 20,094):

  • Compulsory insurance: Ships of ≥300  GT  must carry insurance or other financial security specifically covering wreck removal liability.

There is no equivalent compulsory insurance regime for wreck removal under the Argentine Navigation Law.

  • Certification: Vessels are required to carry evidence of that financial security, typically in the form of a wreck removal certificate, to avoid delays or detention.

There is no equivalent statutory right under the Argentine Navigation Law.

  • Limitation of liability: The Convention preserves the ship owner's right to limit liability under whichever national or international regime applies.

Argentina, however, is not a party to the international limitation conventions (the 1976 LLMC and its 1996 Protocol) and instead relies on its own domestic limitation mechanism which in certain circumstances permits a ship owner to limit exposure by abandoning the wreck to the State (pursuant to Law No. 20,094).

Has Argentina Deposited its Instrument of Accession?

It is important to be precise about Argentina’s current stage in the process. While Congressional approval is a necessary prerequisite, the Convention will only enter into force for Argentina once the Executive deposits the instrument of adherence at the IMO, a step that has not yet taken place.  

As a result, neither the Coast Guard (Prefectura Naval Argentina) nor the Agencia Nacional de Puertos y Navegación (ANPyN) (the two regulatory authorities that would be responsible for implementation) have issued any regulations to date. Until deposit takes place and the corresponding regulations are adopted, there is no operational guidance for vessels or their insurers to rely on. At present, the Club is unaware of any active drafting process or implementation project that is underway.

Which Vessels Does the Convention Cover?

As highlighted above, the Convention requires ships of ≥300 GT to maintain insurance or other financial security. Ships are defined as seagoing vessels of any type whatsoever. The definition suggests that vessels operating exclusively on inland waters such as lakes and rivers may fall out of scope, however, it does not appear to exclude vessels operating in inland seas, such as the San Jorge Gulf.

Applying the Convention's own definition, Category A vessels (seagoing, deep sea and coastal navigation) would be expected to fall within scope. By contrast, Categories B (River Plate), C (Inland Rivers), and D (Port Waters) may fall outside the Convention’s application. Until the Coast Guard or ANPyN provides clarification, this remains a key issue to monitor.

which regime applies until the position is clarified?

Until the Convention is expressly extended to Argentina’s territorial sea, there will effectively remain a transitional period whereby two different legal regimes coexist.

To Summarise:

  • Nairobi Convention – applies to wrecks falling within its geographical scope.
  • Argentine Navigation Law – applies to wrecks located within Argentina’s territorial sea and internal waters.

Careful, case-by-case assessment of the applicable legal regime will remain essential before addressing questions of insurance coverage, direct claims against insurers, limitation of liability or the allocation of wreck removal costs. If you have any questions, please get in touch with your usual Club contact.

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