Argentina: Should You Be Investing in Argentina’s Burgeoning AI Industry?

OpenAI made headlines in October 2025 with news that it plans to build a major AI data center in Argentine Patagonia. With a capacity of up to 500 megawatts and a price tag that could reach USD 25 billion, it would be one of the largest data centers in Latin America and significantly increase Argentina’s profile in the global AI race[1]. But what is driving OpenAI’s interest in Argentina? And should investors be taking note?

The world has witnessed an explosion of artificial intelligence tools powered by large language models (LLMs). Recent investment in these tools has surged as major technology companies compete to build increasingly more powerful AI systems. A key part of this investment is the physical infrastructure—data centers and specialized computer chips—that power the LLMs.

LLMs require enormous and ever-increasing computing power to train and run at scale. According to a recent study, the cost to train frontier models could soon reach billions of dollars[2]. It should surprise no one that 2025 was a record-setting year for data center investments, with more than 100 transactions reported and a total deal value around USD 61 billion[3].

As AI gets more advanced, so too do its energy needs. This gives Argentina a particular advantage. Patagonia is home to Vaca Muerta, one of the largest shale oil and gas reserves in the world, and the region also offers significant renewable energy generation, primarily through hydroelectric dams and wind farms. Moreover, Argentina has an important nuclear energy footprint, with plans for further expansion.

The climate of Argentine Patagonia also adds to its attractiveness for data centers. Because these facilities generate substantial heat, cooling can represent a meaningful share of total electricity consumption. The region’s cold winds and low temperatures allow operators to save on cooling costs.

While energy availability and climate favor the region, Argentina’s geography poses a challenge. Patagonia’s remoteness from population centers means new infrastructure investments will likely be necessary to connect energy resources to AI infrastructure projects. In southern Patagonia especially, the long distances and limited redundancy in some areas can mean significant new grid investment and longer timelines to reliably deliver hundreds of megawatts to a single site.

The same is true for connectivity to the country’s fiberoptic grid. In the far south, the sheer distance from Argentina’s main internet hubs (especially around Buenos Aires) can make it more expensive and sometimes less reliable to obtain the high-capacity connections needed for a large AI data center.

Investors in long-term AI infrastructure require a stable and predictable regulatory regime. Argentina’s current government has spent the last two years creating a more favorable regulatory landscape and signaling a commitment to meaningful reform. President Milei has announced plans to make Argentina a “world power” in artificial intelligence and has indicated that he is in favor of a light-touch regulatory regime for the nascent technology (to date, Argentina has yet to enact any comprehensive AI-specific regulations).[4]

Nonetheless, the policy shift we have seen under Milei follows decades of government oversight, high federal and local taxation, and a recurring effort to control capital flows. Thus, the Milei administration must overcome a cynicism that reform is only as secure as the duration of the current government. And even with the more favorable environment under Milei, investors still must navigate a range of existing laws and regulations that can materially affect project viability. We outline a few of these below.

First, importing data-center capital goods and paying foreign suppliers continue to be constrained by capital controls. Despite recent reforms, many rules are still in place complicate access to foreign currency for certain transactions such as prepayment for imported goods and services.

Large projects, like OpenAI’s Stargate Argentina, can apply for exemptions from many of these rules through the Incentive Regime for Large Investments (commonly known as “RIGI”). In addition to favorable tax, customs, and foreign exchange rules, RIGI promises these benefits will remain in place for 30 years . The investment incentives are currently reserved for qualifying projects of at least USD 200 million in specific sectors, including mining, energy, oil and gas, and technology.

The regime is therefore limited in its application and smaller AI projects may face difficulties in qualifying to the investment incentives.[5] For an overview on RIGI, see our discussion here: RIGI: Large Investment Incentives Regime.

Second, Argentina limits foreign ownership of rural land, which includes much of Patagonia. Specifically, current law caps the total amount of foreign ownership of rural land in the country to 15% and imposes further restrictions on the amount of land any single nationality or individual can own.

President Milei repealed these restrictions by executive order, but subsequent litigation has left them in place for now. Foreign investors must carefully assess whether a project complies with rural land ownership restrictions. You can find our analysis of Argentina’s rural land law here: More on The Argentina Rural Land Law: A Stand for Sovereignty or The Pursuit of Foreign Investment?

Third, Argentina’s environmental regulations can be a critical consideration. While procedures vary depending on the province, projects that may significantly degrade the environment or impact quality of life generally require an environmental impact assessment and some form of public participation. Building in or near protected areas such as national parks can trigger additional restrictions. Likewise, Argentina has strict rules that limit activities on glaciers and surrounding areas. The Milei administration has sent Congress a bill to narrow the scope of environmental laws protecting the inland glaciers, but as of now it remains pending.

Fourth, Argentina has labor laws and industrial union strength that can have meaningful cost implications. Aside from salary and termination rules, the protectionist nature of Argentina’s labor laws can also result in unforeseeable costs associated with claims or work stoppages. Likewise, using third-party contractors does not eliminate risk to the investor, as Argentina’s laws may sustain joint and several liability of the project sponsor for the contractors’ labor and social security obligations.

The Milei administration has proposed a series of reforms, which, if enacted, would reduce some of these costs and risks, but the fate of this legislation remains uncertain. You can find our recent analysis (in Spanish) on the proposed labor reform bill here: Proyecto de Ley de Modernización Laboral.

Finally, AI companies operating in Argentina will need to comply with Argentina’s general data protection statute, the Personal Data Protection Act (Law 25.326). This law, which is more akin to the comprehensive European model than to the U.S.’s limited patchwork of data privacy rules, will apply to data centers located in Argentina.

The law generally requires a legal basis to process personal data (often the person’s informed consent), limits use to the stated purpose that justified the collection and obligates companies to provide notice and to honor an individual’s rights to access, correct, and delete their data. The law also requires reasonable security measures and restricts international data transfers to countries that lack adequate privacy protections except in limited circumstances.

Argentina presents a potentially attractive opportunity for those looking to invest in the AI infrastructure buildout in Latin America’s Southern Cone. It is essential, however, that interested investors pay close attention to the country’s dynamic regulatory environment in order to avoid making costly mistakes.

If you are exploring an AI infrastructure project in Argentina, feel free to contact WSC Legal to discuss how we can support your strategy and execution.

[1] OpenAI, Sur Energy Weigh $25 Billion Argentina Data Center Project, Reuters (Oct. 10, 2025), https://www.reuters.com/world/americas/openai-sur-energy-weigh-25-billion-argentina-data-center-project-2025-10-10/

[2] Nestor Maslej et al., Artificial Intelligence Index Report 2025, Stanford Inst. for Hum.-Centered A.I. 61 (2025), https://hai.stanford.edu/assets/files/hai_ai_index_report_2025.pdf.

[3] Shashwat Chauhan, AI Boom Drives Data-Center Dealmaking to Record High, Says Report, Reuters (Dec. 19, 2025), https://www.reuters.com/business/ai-boom-drives-data-center-dealmaking-record-high-says-report-2025-12-19/.

[4] Arnaud Fischer, Milei Dreams of Making Argentina the World’s New Artificial Intelligence Powerhouse, Buenos Aires Times (Sept. 27, 2024), https://www.batimes.com.ar/news/argentina/argentina-an-intelligent-power-javier-mileis-ai-dreams.phtml.

[5] Projects that include the development of software, cloud services, or R&D functions may be able to take advantage of a separate incentive regime, Argentina’s Knowledge Economy Promotional Regime (Law 27,506, as amended), which provides favorable tax rates and a similar promise of 30-year stability.