We already referred some time ago to the location of a port in Río Grande that could serve - according to the Minister of Production of Tierra del Fuego - to support the Chinese fleet that illegally fishes Argentine fishing resources César Lerena, “Minister of Tierra del Fuego would facilitate illegal fishing…”, 11/26/2022 ). Now we learn of a Memorandum of Understanding for the construction of a multipurpose port in Rio Grande by the Chinese state-owned Shaanxi Chemical Group that resumes an old project that passed through the governments of Fabiana Ríos (PSP, former ARI, 2007-2015) and Rosana Bertone (PJ, 2015-2019) and, also, that China would be putting pressure on the national government to reopen the tender to “control” the Paraná-Paraguay waterway, the most important navigation and trade channel in Argentina, erroneously known as “Hidrovía”.
We have already said that Argentina could seek foreign financing (from any State, credit organization or company) to build ports, remodel them or carry out logistics facilities, warehouses or conservation chambers; install shipyards or concentration and distribution markets, etc. But, the Argentine State cannot delegate the administration or police and defense power to third parties and, in no case, enable the use of marine and/or river spaces and their ports. , to those who do not comply with national legislation, carry out illegal fishing (including slave labor, drug trafficking or smuggling) and/or put national sovereignty at risk. This applies equally to the Southwestern Atlantic Administration, as well as to the regulation of navigation and commerce through the Paraná-Paraguay River and the Río de la Plata.
It is very understandable that the State can grant spaces or other benefits to those who decide to invest and carry out activities in areas linked to ports to facilitate their operations, their commercial processes and even industrial and service processes. Concessions for the use of land for the location of Shipyards, SENASA control offices, Customs or shipping agents are common, for example, even those of the Prefecture; silos or warehouses of all types and, the majority of industrial fishing activity (even foreign) were originally installed in the port area. And, by the way, granting permits, authorizations and/or quotas to national companies for the exploitation of natural resources .
I reiterate. Everything that is necessary to facilitate the production, industry, storage, transit, commerce and services of private activity is possible and even necessary; However, the general administration and policy of ports and marine and river spaces must be in the hands of the State. Argentina cannot accept the use of its seas and rivers and, of course, its ports and other facilities, to weaken the National sovereignty.
According to the Argentina.gob.ar portal ( 6/13/23 ) "with the exception of Buenos Aires, all state ports were transferred, starting in 1992, to the respective provinces, which thus assumed the new role of owners of the ports." doors that, by river or sea, connect them with the rest of the world. In several of the provincial ports, organizations were established and in some, Port Management Consortiums were formed, established with the participation of port users, as well as the province and municipalities where it is located. But still, in the privatizing spirit of the Menem government that led to the issuance of Law 24,093, it made it clear (Art.4º) that “ all commercial or industrial ports that involve international or interprovincial trade require authorization from the national State”; (Art.5) “The authorization of all ports must be granted by the Executive Branch, as established in this law, communicating said decision to Congress within a period of ten business days, counted from the date of the respective decree.” and, take into account (Art.6º) among others, the location of the port; aspects related to defense and national security; the impact on the environment and the port's impact on interprovincial and/or international trade; customs and migration control and navigation and port security police. That is, in the situation of dispute and Argentine territorial invasion of a total of 5,497,178 km2 by the United Kingdom of Great Britain of the Antarctic continental territory, the extended continental shelf, archipelagos (Malvinas, etc.) and the waters corresponding to the EEZ and insular, it would be absurd to grant “the administration” of any port on the maritime coast - not just Tierra del Fuego - to the Chinese State or any other another national one, or to State companies (as is the Chinese case) or with foreign and even national capital. This would, of course, reach Spain and all the countries whose ships operate in the Malvinas.
That said, it must be concluded that the Port of Río Grande and that of Ushuaia are strategic, therefore, the national government that has ignored the ports by sanctioning the aforementioned Law 24,093, should, within its Development and Sovereignty Plan National (?) allocate adequate funds for their construction and modernization and, in any case, the provincial government, instead of authorizing the exploitation of the ports to foreigners (whatever their origin, legal status or participation) could improve them with private contribution, as long as this does not mean delegating its administration, control and security.
So, three basic questions must be defined. The first , what are the foundations of China or any other country, to attempt to manage, directly or through related companies, ports or marine or river spaces, since the Argentine State can and has sufficient technical and human capacity to guarantee that all companies located in its territory, have the support and due control so that imports or exports are carried out efficiently and effectively and, within the framework of current legislation. The Administration cannot be negotiable, when higher interests of the public are at stake. the nation. The second is that the State must facilitate the economic effort of the person concerned and clearly agree on the conditions of investment or financing and, not with the generality indicated in the aforementioned Memorandum. That is, specify specifically the investment and the deadlines to make it effective and the direct or indirect benefits that the Province will receive, taking into account that the conditions that may be established between the investors and the government do not affect national sovereignty or the interests of all the actors in the community. The third is that it is understood as inadmissible and it is - as stated - that third countries or organizations can set the policy of the National State regarding investments, awarding of tenders or concessions and/or administration of businesses in Argentina. arguments used in the Memorandum that the transfer could increase national exports, it is extortionate and, although any business is usually accompanied by pressure, it is the Argentine government that must establish the limit, taking into account the trade balance, but, above all, everything, national political sovereignty.
For example, in the case of the administration of the Paraná River, it is not a serious argument that it is necessary to have control of that route to ensure that " the dredging is large enough for ships ." This must be guaranteed by the Argentine State. and, by the way, if it did not do so, it would be hindering trade; but, beyond ensuring navigation and the transit of goods, the road must be managed to promote regional development. One thing is to award dredging to third parties, where instead of resolving an alleged failure of the State, economic resources are given to foreign companies. and, another thing, is to give up the general administration of the road; the police power and the development policy of the coastal provinces.
Regarding the Memorandum of Understanding signed on 8/16/22, ratified on 12/7/2022 by the government of Tierra del Fuego with the Shaanxi Province of China recently entered (6/5/23) into the provincial legislature, the secretary of International Affairs of the Province Andrés Dachary stated (Youtube, 2/6/23, 2.07m): « China proposed the construction of a port, but this was not accepted. We understand that everything that has to do with ports and strategic infrastructure, they must first be assigned to the public sector and in the case of the private sector to national companies »; However, from reading the Memorandum would emerge "the construction of a multipurpose port, along with a chemical plant and a power plant", an investment estimated at 1,250 million dollars by a company from the aforementioned China. A "cooperation" project ” for the production of one million tons of chemicals in the Province and the construction of a 100 MW power plant in the Río Grande area; a 900-ton urea production plant; 100 thousand tons of glyphosate and 600 thousand tons of synthetic ammonia and a “multipurpose port terminal with an internal enclosure with a capacity to serve ships of about 20 thousand tons,” which would be demonstrating the importance of the work.
This port, like any initiative of this type in Ushuaia, should be rejected outright, since it would leave China's access to Antarctica and control of the passages to the Pacific and the Indian Ocean. Governor Gustavo Melella's own statements, By signing a strategic agreement with the legal representative of Powerchina, Tu Shuipin, for the development of energy projects in Tierra del Fuego, they ratify it: « We have several challenges, and it is due to our strategic positioning, because we are the gateway to the Antarctica » ( Ushuaia24.com, 9/19/2022 ).The mirror of what China thinks that; Furthermore, it has an interest in this maritime region, not only because control of the Panama Canal is in the hands of the United States, but also because of the significant presence of Chinese vessels that carry out illegal fishing in the Southwest Atlantic and require logistical support.
In the Memorandum, a series of vague promises are observed: " actively encourage Chinese companies to invest in Tierra del Fuego, add to the strength in scientific and technological matters, strive to increase the added value to local energy resources, contribute to the economic development of Tierra del Fuego (…) generate as many jobs as possible (…) tangible exchanges between both provinces (…) implement the new corporate philosophy of environmental protection "Chan-chan. Expressions of will that require absolutely nothing We should begin by telling the Chinese that their fishing companies based in Argentina add value and Argentine labor to the fishing products they export and stop fishing for Argentine migratory resources in the South Atlantic, with this only Argentina would have several billion dollars per year to produce the most important development in Tierra del Fuego.
In Chapter 3 of the Memorandum, the parties undertake to “ adequately resolve the remaining problems of the original Investment, in order to develop new projects ” and on this issue, which is not detailed, they should provide clarifications, in addition to Governor Melella, the former governors Ríos and Bertone and the provincial legislature itself, because - according to reports - 30 million dollars would have been in danger that would have already been advanced by the Chinese state company to the Fuegian government in payment of gas royalties (Law 774 , 12/23/2008.“Gas agreement between the province of Tierra del Fuego and the Tierra del Fuego Energía y Química Company”).
