# Decree 366/2025 Explained: The Law Behind Argentina's CBI

What DNU 366/2025 changed in Argentina's citizenship law, the agency it created, the procedure in Decree 524/2025, and the court cases now testing it.

Facts last checked: 2026-10-14

**Short answer:** DNU 366/2025 is the emergency decree, signed on 28 May 2025, that amended Argentina's citizenship law (Ley 346 of 1869) so that a foreigner who makes a **relevant investment** in Argentina can become a citizen by naturalisation "whatever the length of their residence". It also created the agency that runs the programme. Two appeal courts have since ruled against its citizenship chapter in individual cases, and the question is before the Supreme Court.

## Quick summary

| Question | Answer | Status |
|---|---|---|
| What is it? | Decreto de Necesidad y Urgencia 366/2025, an emergency decree with the force of law | Official |
| When? | Signed 28 May 2025, published in the Boletín Oficial on 29 May 2025 | Official |
| What did it change? | Added investment as a ground for naturalisation, tightened ordinary naturalisation | Official |
| Which agency? | Agencia de Programas de Ciudadanía por Inversión (APCI), under the Ministry of Economy | Official |
| Who decides each case? | The Dirección Nacional de Migraciones (DNM), on APCI's recommendation | Official |
| Is it settled law? | No: two appeal courts ruled against the chapter in June 2026; the state has appealed | Reported |

## What a DNU is

A *decreto de necesidad y urgencia* is a decree the President can issue in exceptional circumstances on matters that would normally need an act of Congress. It takes effect at once and stays in force unless both chambers of Congress reject it. That makes it fast, and also open to challenge in court, which is what has happened here.

## What DNU 366/2025 changed in Ley 346

The decree's articles 37 to 42 rewrite parts of the 1869 citizenship law. According to the decree text published by the Argentine government, three changes matter for investors:

1. **A new ground for naturalisation.** The new article 2(2) of Ley 346 says foreigners who prove to the DNM that, "whatever the length of their residence", they have made a relevant investment in the country are citizens by naturalisation.
2. **A new agency.** A new article 6 bis creates the APCI as a decentralised body under the Ministry of Economy, to design, manage and control citizenship by investment programmes.
3. **The Ministry defines the investment.** The Ministry of Economy may set the specific investment projects that count, which is how the October 2026 prices were set.

The same decree also changed the ordinary route. Applications now go to the DNM instead of a federal judge, and the two years of residence must be continuous, which the decree defines as no trips abroad at all in that time, according to reporting by elDiarioAR and Chequeado.

## The procedure: Decree 524/2025

Decree 524/2025, published on 31 July 2025, sets out how an application moves:

| Step | Who | What happens |
|---|---|---|
| 1 | Applicant | Files the application with APCI |
| 2 | APCI | Requests reports from the security ministry, the Financial Intelligence Unit (UIF), RENAPER, the national criminal records registry and the intelligence service (SIDE) |
| 3 | APCI | Sends a reasoned recommendation to the DNM |
| 4 | DNM | Grants or refuses citizenship |

Article 6 of Decree 524/2025 lets APCI issue supplementary rules. Those rules, with the fees, forms and timings, had not been published when this article was checked.

## Who runs APCI

Decree 285/2026, published on 28 April 2026, appointed Aixa Granara as APCI's executive director, unpaid (*ad honorem*). In May 2026 a consortium of five industry firms, AMIGO Ltd, signed a no-cost technical collaboration agreement with the agency, according to IMI Daily. Earlier, in April 2026, the Ministry of Economy had cancelled an international tender for a paid consultant to design the programme, as La Nación reported.

## The court cases

According to Chequeado's 9 October 2026 explainer:

- On **18 June 2026**, Sala III of the federal civil and commercial appeals chamber found the decree's citizenship changes unconstitutional in the *Volosh* case, an ordinary naturalisation case.
- On **30 June 2026**, the national electoral chamber declared the decree void in the *Yang Liping* case, reasoning that citizenship is tied to political rights, a subject emergency decrees cannot touch.
- The government has appealed to the Supreme Court.

Neither case concerned an investor. Both rulings apply only to the people who brought them, but they target the same part of the decree that holds the investment articles. Opposition deputies have also filed bills to repeal the investment route.

## What this means for an applicant

The law that creates the route is in force, the procedure is set, and prices were announced on 2 October 2026. What is not settled is whether the Supreme Court will uphold an emergency decree as the basis for citizenship. Readers weighing an application should follow that case and ask a licensed Argentine lawyer how a ruling would affect citizenship already granted.

## Frequently asked questions

### Is Decree 366/2025 still in force?

Yes. It remains in force unless Congress rejects it or the Supreme Court strikes it down. The June 2026 rulings apply to the individual cases that brought them.

### Does the decree set the price of citizenship?

No. It lets the Ministry of Economy define the qualifying investment. The prices, USD 350,000 or USD 800,000 for the main applicant, came in the Ministry's announcement of 2 October 2026.

### What is the difference between DNU 366/2025 and Decree 524/2025?

DNU 366/2025 changed the law and created the agency. Decree 524/2025 is the regulation that sets the steps an application goes through.

### Did the decree change birthright citizenship?

The sources reviewed for this guide show no change to citizenship by birth. The decree's changes concern naturalisation.

## Sources

- [DNU 366/2025, Boletín Oficial](https://www.boletinoficial.gob.ar/detalleAviso/primera/326096/20250529), 29 May 2025
- [Decree 524/2025, Boletín Oficial](https://www.boletinoficial.gob.ar/detalleAviso/primera/329061/20250731), 31 July 2025
- [Decree 285/2026, Boletín Oficial](https://www.boletinoficial.gob.ar/detalleAviso/primera/341227/20260428), 28 April 2026
- [Chequeado: de qué se trata y por qué la Justicia lo cuestiona](https://chequeado.com/el-explicador/ciudadania-argentina-por-inversion-de-que-se-trata-el-programa-de-milei-para-extranjeros-y-por-que-la-justicia-lo-cuestiona/), 9 October 2026
- [La Nación: el Gobierno frena el Programa de Ciudadanía por Inversión](https://www.lanacion.com.ar/economia/negocios/marcha-atras-el-gobierno-frena-el-programa-de-ciudadania-por-inversion-nid15042026/), 15 April 2026
- [IMI Daily: Argentina announces CBI program pricing](https://www.imidaily.com/latin-america/argentina-announces-cbi-program-pricing-and-launch-timeframe/), 2 October 2026