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[null,"Prepared By:","Contributors:"]
[null,"Marval O’Farrell Mairal","Mariano Zanotti"]
[null,null,"Daniel Di Paola"]
[]
[]
["Lex Mundi Latin America and the Caribbean: TMT and Cyber Guide"]
[]
["Report Generated: 6/22/2026"]
[]
["View your report results on next tab"]

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["Question","Argentina"]
["Telecommunications Market Overview"]
["1. What is the current state of the telecommunications market in your jurisdiction? Who are the main players in the market?"," The main players in the Argentine telecommunications market are: \n \n Telecom Argentina: provides mobile, fixed broadband, and Pay TV services. \n Telefónica Móviles de Argentina (Movistar): provides mobile, fixed broadband, and Pay TV services. \n Claro Argentina (América Móvil): provides mobile, fixed broadband, and Pay TV. \n Telecentro: provides broadband and Pay TV services. \n ARSAT (state-owned): provides satellite services and operates Argentina’s Federal Fiber Optic Network. \n "]
["2. What is the market share for different services (mobile, broadband, Pay TV, etc.)? E.g., level of penetration for mobile services, fixed broadband, 4G, 5G, and fiber deployment."," According to the National Communications Agency (\" ENACOM \"), in 2024, Argentina’s telecommunications market revenue was distributed as follows: \n \n Mobile communications: 47% \n Fixed internet: 23% \n Pay TV: 16% \n Fixed telephony: 9% \n Audiovisual communication services: 5% \n \n Key Operators: Argentina’s telecom market is primarily dominated by two major players: Telecom Argentina and Claro (América Móvil). This market structure follows Telefónica’s sale of its local operations to Telecom in a US$1.245 billion transaction, which is currently under review by the fair-trade regulatory authorities. \n Telecoms overview: Fixed broadband reached 11.9 million subscribers (80% household penetration), with fiber optics rising to 40% of connections, replacing cable modem as the dominant technology. The mobile market remains strong, with 64.1 million connections (136% penetration), mostly prepaid, and steady expansion of 4G infrastructure. By contrast, fixed telephony (6.4 million lines) and Pay TV (8.7 million subscribers) continued to decline, with satellite TV showing the sharpest drop "]
["3. What are the most relevant trends and challenges in the ICT industry? \nAre there ongoing developments in areas such as 5G deployment, IoT, satellite services, infrastructure investment, or market consolidation?","Argentina’s ICT sector is in transition, driven by 5G deployment, AI integration, and satellite expansion. Following the 2023 spectrum auction, Claro, Telecom Argentina, and Telefónica (Movistar) launched initial 5G services in major cities, though nationwide rollout is still at an early stage. AI adoption is reshaping the industry through automated network management, predictive analytics, and improved customer service, with new legislation under discussion. This shift is also driving demand for data center investment. LEO satellites are helping bridge the digital divide by extending high-speed internet to remote areas, supported by regulatory frameworks on spectrum use and data protection. The main challenge ahead is ensuring large-scale investment in infrastructure, fiber optics, and data centers, alongside adaptive regulation to foster competition and sustainable growth.\n"]
["Regulatory Framework"]
["4. What are the main laws governing telecommunications in your jurisdiction? \nWhich authority regulates the telecommunications sector?","The provision of Information and Communications Technologies Services (\"\nICT Services\") in Argentina is primarily governed by \nArgentina Digital Law No. 27,078 (\"\nADL\"), which sets forth definitions, general rules and market standards. It also covers the rights and obligations of \nICT Service providers, including a licensing regime, interconnection rules, fees, obligations, and a sanctions regime.\n"]
["Licensing"]
["5. Describe the licensing requirements for the provision of the following services: Internet Access; Data transmisión; Mobile telephony; Mobile Virtual Network Operators (MVNOs); Pay TV.","In accordance with the \nADL and the \nLicensing Rules for ICT Services approved by \nResolution No. 697-E/2017 of the Ministry of Modernization (\"\nLicensing Rules\"), only one class of country-wide license for the rendering of \nICT Services is established: a unique license called “\nInformation and Communications Technologies License” (\"\nICT License\").\nThe\nICT Licenseauthorizes the provision to the public of any ICT service—fixed or mobile, wired or wireless, national or international, with or without the provider’s own infrastructure. \nICT Services may only be provided after an \nICT License has been granted by the \nENACOM, and only in respect of the specific services registered under such license.\nENACOM Resolution No. 697-E/2017 outlines the registration procedure and minimum requirements. Applicants must be duly incorporated companies or local branches of foreign entities, registered with the Public Registry of Commerce. Once granted, the license has indefinite duration, and the registration of individual services under the license may be updated or modified as needed.\n"]
["Foreign Ownership Restrictions"]
["6. Are there any foreign ownership restrictions on telecom operators?","There are no general restrictions on foreign ownership in Argentine telecom companies. The \nCultural Media Law limits foreign participation in internet service providers to 30%, unless broader rights are granted under reciprocity or international treaties. This law is under review for repeal and has not been enforced against ISPs.\nForeign companies must establish a local branch or subsidiary, register with the Public Registry of Commerce, and meet tax and corporate requirements to obtain an \nICT License.\n"]
["Price Regulation"]
["7. Are service prices regulated or freely determined?","Service prices in Argentina are currently freely determined by providers.\n"]
["License transfers / Change of Control"]
["8. Is regulatory approval required for license transfers or corporate control changes? \nWhat are the conditions or requirements?","ENACOM’s post-closing approval is required for a transaction that implies (i) a direct or indirect change of controlling shareholdings in an Argentine ICT company or (ii) the transfer of an \nICT License (Telco Transaction). The request to the \nENACOM for approval must be submitted within 30 days of closing. Said approval may either be granted explicitly or be deemed approved if the \nENACOM does not expressly reject the transaction within 90 days from the submission of the request for approval.\nThe implementation of a Telco Transaction without \nENACOM’s approval may result in the revocation of the \nICT License. If the \nICT License is revoked, the licensee will not be able to continue providing an \nICT Service, and the members of its governing bodies shall be disqualified, for a period of five (5) years, from holding licenses or from acting as shareholders or managers of a licensee company.\n"]
["Universal Service"]
["9. Are there universal service obligations? If so, what are the applicable rules?","Universal Service refers to government-defined services and programs aimed at guaranteeing nationwide access to quality and affordable telecommunications, regardless of location, socioeconomic status, or physical ability. All telecommunications service providers must contribute 1% of their gross revenues from telecom services (net of taxes and fees) to fund these programs.\n"]
["Interconnection and Access"]
["10. What are the interconnection and access obligations? Net neutrality - Are there obligations to block or filter internet content under specific conditions?","Argentina’s telecommunications framework imposes mandatory interconnection and access obligations under the ADL. Telecom and \nICT Service providers must allow interconnection of their networks and ensure non-discriminatory access to essential facilities such as ducts, towers, and other infrastructure. Agreements must be transparent and notified to the \nENACOM.\nThe same law safeguards the principle of net neutrality, prohibiting ISPs from blocking, interfering, discriminating, or restricting users’ right to access and distribute lawful content, applications, or services online. Exceptions are strictly limited to judicial orders, network security measures, or exceptional traffic management that must be reasonable, proportional, non-discriminatory, and reported to \nENACOM and users.\n"]
["Spectrum Management"]
["11. How is radio spectrum allocated and managed? \nWhat is the process for awarding high-demand mobile frequencies (e.g., auction, tender, on demand)? \nIs there a secondary market for spectrum (e.g., spectrum trading or leasing)?","The radio spectrum is a scarce public resource managed exclusively by the Argentine Government. To provide \nICT Services, operators must hold an \nICT License and obtain frequency authorization from \nENACOM; however, the license itself does not guarantee spectrum availability.\nSpectrum for high-demand bands (e.g., 700 MHz, 1.8 GHz, 2.6 GHz, 3.5 GHz) is usually allocated through public tenders or auctions—most recently the October 2023 5G auction. Certain low-demand bands may be used without prior authorization, provided the operator holds an \nICT License and registers the service with \nENACOM.\n"]
["Right of Way and Support Structures"]
["12. Are national, regional, or municipal authorizations required for installing telecom infrastructure? \nWhat are the rules regarding the use of support structures (e.g., towers, poles; sharing of infraestructure)?","Telecom infrastructure in Argentina (fiber, antennas, towers) requires permits at both the national and local levels. \nENACOM grants licenses and regulates spectrum and interconnection, while provinces and municipalities issue authorizations for civil works and rights of way. Local rules on tower siting must not obstruct \nICT Services deployment, as federal law prevails—a principle confirmed by the Argentine Supreme Court.\n"]
["Passive Infrastructure"]
["13. What regulations apply to the deployment and sharing of passive telecom infrastructure?","Independent tower companies do not need an \nICT License (\nDecree 798/2016, as amended; Licensing Rules) provided they (i) offer non-discriminatory access to all licensees and (ii) comply with local siting/works permits.\nThey must register with \nENACOM as Independent Passive Infrastructure Operators, notify \nENACOM upon commencing rentals, and record each site in the “One Stop Window System for the Installation of Antennas”.\n"]
["Submarine Cables"]
["14. Are regulatory authorizations required for the landing and operation of submarine cables?","The installation and operation of submarine cables in Argentina requires \nENACOM authorization. Applications must include a detailed project description covering system architecture, capacity, location plans, and technical specifications.\n"]
["Satellite Services"]
["15. What are the licensing requirements for satellite services (based on the type of constellation)?","ENACOM manages the Registry for Satellite Services. The provision of satellite facilities is free under \nDNU 70/2023 but requires prior registration to coordinate frequencies and avoid interference. Any \nICT Services via satellite still require an \nICT License, regardless of constellation type.\nIn 2024, the Secretariat of Innovation approved the \nGeneral Regulation on Satellite Services, covering geostationary and non-geostationary systems (FSS, MSS, BSS), aligned with ITU rules and Argentina’s frequency allocations. Operators must also pay an annual fee of US$10,000 per registered system.\n"]
["16. Are authorizations required for ground stations?","Installation requires \nENACOM authorization and prior certification of equipment through the “Registry of Telecommunications Materials and Activities” (\"\nRAMATEL\"). An electromagnetic compatibility study is also mandatory.\n"]
["17. Is direct-to-device satellite communication regulated?","This is not yet fully regulated. \nENACOM has authorized trials by certain providers, and a specific framework is expected as Argentina updates its spectrum and satellite policies.\n"]
["Telecommunications Equipment"]
["18. Are telecommunications devices subject to homologation or type approval?","A company importing and/or manufacturing telecommunications equipment must be registered with \nRAMATEL. The device must also be technically approved by the same special registry for its commercialization.\nTelecommunications equipment is approved by the \nENACOM, and testing should be done locally. The \nENACOM controls the quality and technical standards of the equipment used for telecommunications.\n"]
["Audiovisual Communications Services Market Overview"]
["19. What is the current state of the audiovisual market in your jurisdiction? \nWho are the main players? \nWhat is the market share of Pay TV, OTT platforms, and traditional broadcasting (radio and free-to-air TV)? \nWhat are the main regulatory or industry issues (e.g., OTT regulation, media ownership restrictions, updates to traditional service frameworks)?","Argentina’s audiovisual sector is in transition, with audiences shifting from traditional broadcasting to Pay TV and \nOTT platforms. Free-to-air TV and radio remain culturally relevant but continue to lose share. Pay TV penetration is declining, while \nOTT services (global players like Netflix, Amazon Prime, Disney+, HBO Max, and local platforms such as Flow and Telecentro Play) are expanding rapidly, especially among younger viewers.\nKey market players include Grupo Clarín (Cablevisión/Flow, Artear), Grupo América, ViacomCBS/Paramount (Telefe), and Radio y Televisión Argentina (TV Pública). In Pay TV and broadband, major operators are Telecom Argentina (Flow), DirecTV, Telecentro, and Claro.\nRegulatory challenges include an outdated framework under the \nAudiovisual Communications Services Law No. 26,522 (\"\nACS Law\"), limited convergence rules, and ongoing debates on \nOTT regulation—covering taxation, national content quotas, and ecosystem contributions. Media ownership restrictions and the need for harmonized treatment of broadcasters and digital platforms remain key issues.\n"]
["Audiovisual Communication Services Regulatory Framework"]
["20. What are the main laws applicable to audiovisual communication services? Which authority regulates this sector?","The provision of broadcasting services in Argentina is mainly governed by the\n ACS Law. The \nACS Law established that audiovisual communications services are an activity of public interest and includes a set of definitions, general rules, and market standards. It also covers rights and obligations for audiovisual communications services providers, regulations for advertising agencies, content producers, and television channels.\nENACOM is the regulatory authority in charge of the audiovisual communications industry.\n"]
["Audiovisual Communications Services Licensing"]
["21. What types of licenses are available? \nWhat is the procedure to apply for a license? \nWhat is the duration of audiovisual licenses?","Under the \nACS Law, free-to-air TV, radio, and subscription audiovisual services require a license, while \nOTT platforms remain outside the regime and are subject only to general consumer, tax, and competition rules.\n\nFree-to-air broadcasting: Licenses are awarded through \nENACOM tenders, with requirements on ownership limits (foreign participation capped at 30% under \nCultural Media Law), local incorporation, antitrust compliance, technical proposals, content quotas, and financial capacity.\nAudiovisual communications licenses are valid for 10 years, renewable for 5 years automatically upon request, with further 10-year renewals possible. \nENACOM may alternatively call a new bidding process.\nSubscription audiovisual services: Providers must hold an \nICT License and register the service with \nENACOM.\n"]
["License or Share Transfers"]
["22. Is regulatory approval required for license or share transfers? What are the conditions or requirements?","ENACOM’s post-closing approval is required for any transaction that implies (i) the transfer of an audiovisual communications license; or (ii) a direct or indirect transfer of shares in an audiovisual communications service company (Media Transaction).\nThe request to the \nENACOM for approval must be submitted within 30 days of closing the Media Transaction, and the purchaser must provide evidence to the \nENACOM of the fulfillment of all regulatory requirements for becoming the owner of such a license. The implementation of a Media Transaction without \nENACOM’s explicit or deemed approval may result in the revocation of the license by \nENACOM.\n"]
["Restrictions"]
["23. Are there restrictions on foreign investment? \nAre there exceptions? \nAre there any incompatibilities or cross-ownership restrictions?","The \nCultural Media Law establishes certain restrictions on the participation of foreign investors in communications media companies to 30% of the entity’s voting capital. \nMO Law includes: (i) newspapers, magazines, and publishing companies in general; (ii) broadcasting services under \nACS Law (open radio and TV stations) and providers of DTH services; (iii) producers of audiovisual and digital content; (iv) internet access providers; and (v) street advertisement companies.\nThe \nACS Law, in line with the \nMO Law, also establishes restrictions on the relationship between individual and company licenses with foreign companies.\nHowever, it is worth noting that precedents on the application and enforceability of the \nMO Law are very limited; in effect, according to available public information, the only known cases in which this law has been enforced are those related to companies operating open radio and TV stations.\n"]
["24. Are there limits to the number of licenses that can be held?"," At the local level, license holders are subject to the following caps: \n \n AM radio: up to 1 license. \n FM radio: up to 1 license (or 2 if more than 8 licenses exist in the same service area). \n Free-to-air TV: up to 1 license. \n Overall cap: no more than 4 licenses in the same primary service area. \n "]
["Registries"]
["25. Are audiovisual signals, production companies, and advertising agencies subject to registration?","ENACOM oversees several registries to regulate communications sector players, including the Public Registry of Licenses and Authorizations, the Public Registry of Channels and Producers, and the Public Registry of Advertising Agencies and Producers.\n"]
["26. Are there obligations to include national or local content; and, original vs. acquired content?"," Obligations include: \n \n Private radio: At least 70% domestic content and 30% domestic music daily. At least 50% must be self-produced, including news. \n Free-to-air TV: At least 60% domestic content. Within this, 30% must be self-produced (including news) plus a quota of independent local productions: 30% in cities over 1.5M inhabitants, 15% in cities over 600,000, and 10% elsewhere. \n "]
["27. Are there any requirements for specific contents (e.g., news, fiction, children’s programming?"," The law sets specific quotas for: \n \n News: minimum share of nationally produced content. \n Children’s and adult programming: limited to certain authorized time slots. \n "]
["Screen Quotas"]
["28. Are there minimum quotas for national content?","Licensed broadcasters are required to comply with minimum quotas for national content in their programming schedules.\n"]
["Must-Carry Rules"]
["29. Are Pay TV operators required to carry certain free-to-air channels? What is the scope of this obligation?","Traditionally, Pay TV operators were required to carry certain free-to-air channels, including local stations and state/public channels. Recently, \nENACOM eliminated mandatory carriage of public/educational channels and granted operators “\nlibertad de grilla” (freedom to design their channel lineup).\n"]
["Advertising"]
["30. Are there requirements regarding domestic or foreign advertising production?","Ads broadcast on open TV, Pay TV channels, or domestic channels must be domestically produced, unless reciprocity with the country of origin is proven before \nENACOM. The \nACS Law also regulates time limits, content restrictions, and requires advertisers or agencies to register with \nENACOM.\n"]
["31. Are there prohibitions on certain products or audiences (e.g., children)?","Some restrictions apply to the provision of advertisements directed to children. \nACS Law and specific laws ban tobacco advertising and gambling and impose strong restrictions on alcohol advertising (e.g., not directed to minors, limited time slots).\nRules may also cover medicines and health-related regulated products, prohibiting misleading or unapproved claims.\n"]
["32. Is there a registry for advertisers or reciprocity obligations?","Advertising agencies and broadcasters must be registered with \nENACOM. While there is no blanket reciprocity requirement for foreign ads, the law seeks to ensure that a share of advertising is locally produced. Foreign ads broadcast in Argentina must comply with all applicable local content and consumer protection regulations.\n"]
["Taxes"]
["33. Are audiovisual services subject to special taxes or levies?","Service providers must pay a levy on revenues from ads, programs, channels, content, subscriptions, and other audiovisual activities. Rates range from 0.5% to 5%, depending on the service and size of the coverage area.\nChannels also pay 5% when broadcasting foreign signals and 3% when broadcasting local signals.\n"]
["OTT Platforms"]
["34. Are OTT platforms regulated? To what extent? Are there obligations for OTTs to register locally or appoint a legal representative? \nAre screen quotas applied to OTT and on-demand services? \nAre there tax obligations applicable to streaming platforms?","Unlike traditional TV and cable operators regulated under the \nACS Law, \nOTT platforms do not require a special license to operate in Argentina. They are only subject to general regulations.\nHowever, the National Institute of Cinema and Audiovisual Arts (\"\nINCAA\") requires certain \nOTTs to register as “Alternative Marketers” under the category of “Communication Services for Exhibition”. This entails paying a 10% tax on the sale or rental of recorded videograms, allocated to the Film Development Fund.\n"]
["AI Main Framework"]
["35. Is there any main regulatory framework governing artificial intelligence in your jurisdiction? \nAre there sector-specific regulations for the use of AI (e.g., in finance, health, education)? Which authorities oversee AI-related matters? \nAre there any draft bills or ongoing public consultations?","Argentina has no specific regulatory framework for AI in the private sector. Instead, general laws on contracts, torts, IP, consumer protection, and data privacy may apply on a case-by-case basis. Current recommendations focus mainly on public sector use, and there is no dedicated AI authority.\nCongress is debating over 30 draft bills on AI, which seek to establish guiding principles, risk classifications, and safeguards, as well as address issues such as facial recognition, deepfakes, consumer transparency, and oversight bodies. Some proposals also aim to promote AI R&D and education. As of now, none of these initiatives has advanced significantly.\n"]
["AI Best Practices and Principles"]
["36. Please describe if there is any mandatory requirement to provide AI-based services under your jurisdiction's regulations. \nAre any AI technologies considered high-risk or prohibited? \nWhat best practices are recommended or adopted in your jurisdiction?  Are there requirements for algorithm traceability or auditability? Are there user-facing transparency or disclosure obligations? \nAre AI systems required to undergo impact assessments or risk classification?","Argentina has no general mandatory rules for AI, but the data protection law imposes safeguards. Under \nArgentine Data Protection Authority (\"DPA\") Resolution 4/2019, if decisions are based solely on automated data processing, individuals have the right to request an explanation of the logic applied. The \nDPA Impact Assessment Guideline also considers profiling and automated decision-making as triggers for a data protection impact assessment.\nAlthough no AI uses are officially classified as high-risk or prohibited, several bills before Congress propose restrictions, risk-based classifications, and compliance duties.\nRecent non-binding recommendations—such as \nResolution 2/2023 from the Information Technology Subsecretariat and guidelines issued by the Ibero-American Data Protection Network—promote best practices like algorithm traceability, auditability, transparency, and responsible use of personal data in AI projects.\n"]
["Other Applicable Regulations"]
["37. Are general regulations applicable to artificial intelligence? In such case, mention the most relevant legislation.","As noted, Argentina has no specific AI law; instead, civil, commercial, intellectual property, consumer protection, and data privacy laws may apply depending on the case.\n"]
["Main Cybersecurity Framework"]
["38. What is the current legal framework for cybersecurity? \nIs there a national cybersecurity strategy or action plan in force? \nAre there any relevant bills or ongoing public consultations?"," Argentina has no specific cybersecurity law, but various rules and programs have been developed over the past 15 years. Key measures include: \n \n National framework: Creation of the National Program for Critical Infrastructures and Cybersecurity (2011), the National Cybersecurity Committee (2017) , and the designation of Critical Information Infrastructures (2019) . Public agencies must follow minimum security standards, designate focal points, and report incidents under rules issued between 2021–2023. Argentine Data Protection Law No. 25,326 also provides cybersecurity-related requirements. \n Recent strategies: Adoption of the Second National Cybersecurity Strategy (2023) and new federal programs in 2025 for cybercrime investigations and prevention. \n Sector-specific rules: Financial sector ( Central Bank Communication “A” 7724 ), capital markets ( National Securities Commission -CNV- Resolution 704-E/2017 ), and defense ( Ministry of Defense Resolution 1380/2019 ). \n Pending bills: Mostly tied to data protection reform, but including incident notification, cybersecurity standards, and DPIAs. \n "]
["Cybersecurity Obligations"]
["39. Are there minimum cybersecurity requirements for companies or service providers (e.g. sectors such as telecom, energy, health, or finance)?","In Argentina, cybersecurity and data protection rules apply mainly to public agencies and to private contractors providing services to the government. Contractors must report incidents to CERT.ar, follow sectoral security standards (e.g., Central Bank rules for financial services), and comply with \nData Protection Law No. 25.326, enforced by the \nDPA.\nPublic agencies must develop \nInformation Security Plans, assess risks, and implement mitigation strategies. While private companies outside the public sector are not subject to mandatory cybersecurity laws, adopting good practices and aligning with public standards is advisable, as compliance is often considered by authorities when assessing responsibilities or sanctions.\n"]
["40. Are there any relevant jurisdictional cases related to cybersecurity incidents where private or public entities were sanctioned because of an infringement?","As way of example, in 2021, the \nDPA fined Cencosud S.A., a leading Latin American retail group operating supermarket and department store chains in Argentina, after a ransomware attack, citing insufficient security measures and a lack of proper notification.\n"]
["41. Are there mandatory incident response plans or reporting obligations?","In Argentina, incident reporting obligations are becoming increasingly relevant. Public agencies must notify CERT.ar through designated focal points, while in the financial sector, the Central Bank requires detailed reporting, including notification, updates during the event, and a closure report. Although breach notification to the \nDPA is not yet mandatory across all sectors, reporting cybersecurity incidents is recommended as good practice.\n"]
["42. How do companies coordinate with authorities in the event of a cyberattack?","Coordination with authorities in the event of a cyberattack depends on the sector. Public agencies and their contractors must report incidents through CERT.ar and their designated focal points. Other private companies may report incidents to the \nDPA when personal data is compromised by the incident.\n"]
["43. Are there specific provisions for the criminalization of cyber-related offenses?","Argentina’s \nCriminal Code, as amended by\n Law No. 26,388, provides criminal sanctions for cyber-related offenses, including unauthorized access, data and system damage or malware distribution, obstruction of communications, and unlawful access, among others. \n"]
["Cross-Border and Cooperation"]
["44. Is your jurisdiction subject or adhered to any international cooperation agreements or treaties with other countries and/or international bodies? Does your jurisdiction participate in global cybersecurity initiatives?","Argentina is part of several international cooperation frameworks on data protection and cybersecurity. Argentina has ratified \nConvention 108+ for the Protection of Individuals with regard to Automatic Processing of Personal Data and the \nAdditional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory authorities and cross-border data flows. Also participates in OAS initiatives, which promote cybersecurity capacity building and incident response cooperation across the Americas.\n"]