Cited by 0Digitalization, Law, and RegulationEthics and Social Impacts of AILaw, AI, and Intellectual Property

An Enabling Regulatory Framework for Artificial Intelligence in Latin America and the Caribbean

Open access
Levy Yeyati, Eduardo·2025

Abstract

Latin American and Caribbean (LAC) countries face a critical choice in artificial intelligence (AI) governance: adopt regulatory frameworks that enable innovation and competitiveness or risk falling behind in the global AI economy. This paper builds on the Inter-American Development Banks AI framework, specifically the institution and governance pillar, arguing that a smart, enabling regulation is not a constraint but a catalyst for AI adoption. It reviews global regulatory models from the comprehensive risk-based approach of the European Union to the sectoral model of the United States and the innovation-friendly framework of the United Kingdom and analyzes their implications for the LAC regions unique context of high inequality, limited institutional capacity, and fragmented regional markets. The paper introduces a three-dimensional framework for regulatory choices (what, how, and who is regulated) and examines how LAC countries can navigate the AI trilemma of protecting rights, fostering innovation, and maintaining sovereignty while building regional AI integration. Rather than prescribing uniform solutions, the author outlines how the Bank can support its member countries in designing proportionate and adaptive regulatory approaches that strengthen competitiveness, build public trust, and position the region as a thoughtful contributor to global AI governance.

Integrity signals

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Crossref · 10.18235/0013801

Cites

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Claims the paper makes

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  • Interpretationreasoning
    § 5. Strategic Issues for Latin America and the Caribbean

    Data fragmentation and poor interoperability are hard constraints on putting any AI regulatory model into practice in LAC.

    “These gaps are binding constraints on implementing any AI regulatory model.”
    Quote in the paperSubstantial claim
  • Premisecitation
    § 4. The AI Trilemma in the Latin American and Caribbean Context

    Regional initiatives eLAC2026 and ILIA offer mechanisms for shared benchmarks and coordination.

    “Existing initiatives such as the Digital Agenda for Latin America and the Caribbean (eLAC2026) and the Latin American Artificial Intelligence Index (ILIA) coordinated by the Economic Commission for Latin America and the Caribbean (ECLAC) show the potential of building shared benchmarks and regional coordination mechanisms (ECLAC, 2024a; ECLAC, 2024b).”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites ECLAC, 2024a

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites ECLAC, 2024b

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Interpretationcitation
    § 5. Strategic Issues for Latin America and the Caribbean

    In most LAC countries, the institutions and infrastructure for effective data governance are still missing.

    “for the LAC region the starting point is more basic: most countries still lack the institutions and infrastructure needed to govern data effectively.”
    Quote in the paperSubstantial claim
  • Premisecitation
    § 5. Strategic Issues for Latin America and the Caribbean

    Small and medium enterprises account for 67% of LAC employment.

    “Given that SMEs employ 67 percent of the workforce in the LAC region, their inclusion in the AI ecosystem is crucial for broad-based growth (Freeman Engstrom et al., 2020).”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Freeman Engstrom et al., 2020 source
  • Premisecitation
    § 5. Strategic Issues for Latin America and the Caribbean

    On every dimension of digital governance measured, LAC countries score well below OECD averages.

    “The 2023 OECD-IDB Digital Government Index (OECD and IDB, 2024) shows that LAC countries score significantly below OECD averages across all dimensions of digital governance.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites OECD and IDB, 2024

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims. 16
  • Classified as probably not a substantial claim. 1
  • May combine two claims.

    Interpretationreasoning
    § 5. Strategic Issues for Latin America and the Caribbean

    Better data leadership and interoperability are necessary foundations for any enabling AI regulatory framework in LAC.

    “Strengthening data leadership and interoperability is therefore not an optional add-on but a prerequisite for any enabling regulatory framework discussed herein.”
    Quote in the paperSubstantial claim
  • May combine two claims.

    Premisecitation
    § 4. The AI Trilemma in the Latin American and Caribbean Context

    Many LAC countries face constrained regulatory capacity, fragmented governance, and competing demands on limited public funds.

    “Many have limited regulatory capacity, fragmented governance structures, and competing priorities for scarce public resources.4”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites OECD and IDB, 2024

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation
    § 3. Global Patterns of AI Regulation

    The United States lacks one national AI statute and instead uses sector-specific regulators plus voluntary NIST standards.

    “The United States has avoided a single national law, instead relying on existing sectoral regulators (e.g., the Food and Drug Administration, Federal Trade Commission, and Consumer Financial Protection Bureau) to issue guidance while the National Institute of Standards and Technology AI Risk Management Framework provides voluntary standards (NIST, 2023).”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites NIST, 2023

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Freeman Engstrom et al., 2020 source
  • May combine two claims.

    Premisecitation
    § 5. Strategic Issues for Latin America and the Caribbean

    For the monitoring facet, the LAC score is 9%, while the OECD score is 44%.

    “in the “monitoring” facet-critical for implementing risk-based regulation-LAC countries score just 9 percent compared to 44 percent in OECD countries.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites OECD and IDB, 2024

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationreasoning
    § 3. Global Patterns of AI Regulation

    The EU's risk-based model is orderly and predictable, yet it may impose high costs and burdens on smaller entities.

    “This approach is systematic and predictable but can be costly and demanding for smaller actors, raising questions about its applicability in developing economies.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Premisecitation
    § 3. Global Patterns of AI Regulation

    China's AI rules put national security, content control, and critical infrastructure first, and are closely tied to wider state goals.

    “China prioritizes national security, content management, and control of critical infrastructure, with regulation tightly coupled to broader state objectives (Sheehan, 2023).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Sheehan, 2023

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation
    § 7. Conclusions

    LAC has greater market concentration than advanced economies, and its median markup is about 1.35 versus 1.20 in advanced economies.

    “According to the IDB (forthcoming), market concentration in the region (measured through the Herfindahl-Hirschman Index) is times higher in the LAC region than in advanced economies and the median markup in the region is around 1.35, compared to 1.20 in advanced economies.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites IDB (forthcoming)

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation
    § 3. Global Patterns of AI Regulation

    The UK's approach relies on sandboxes, guidance tailored to sectors, and dedicated safety bodies such as the AI Safety Institute.

    “The United Kingdom emphasizes regulatory sandboxes, sector-specific guidance, and specialized safety institutions like the AI Safety Institute (UK Government, 2023).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites UK Government, 2023

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationnone given
    § 4. The AI Trilemma in the Latin American and Caribbean Context

    Whether AI ecosystems grow or stall depends on clear rights over data and outputs.

    “Clear property rights over data and outputs similarly condition whether AI ecosystems flourish or stagnate.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning
    § 4. The AI Trilemma in the Latin American and Caribbean Context

    Stable and inexpensive rules can speed AI adoption and investment, whereas unpredictable or expensive regimes may push activity to other jurisdictions.

    “These tradeoffs are particularly visible in the investment dimension: predictable, lowcost regulations can accelerate adoption and investment, while unstable or costly regimes risk driving activity elsewhere.”
    Quote in the paperSubstantial claim
  • May combine two claims.

    Premisecitation
    § 2. Why Regulation Matters: The Innovation-Enabling Case

    Trust in national legislatures among Latin Americans is 27% at high or moderately high levels, and trust in political parties is 19%.

    “27 percent of Latin Americans report high or moderately high trust in national legislatures, and 19 percent in political parties”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites OECD, 2025 source
  • May combine two claims.

    Premisecitation
    § 5. Strategic Issues for Latin America and the Caribbean

    A comprehensive data strategy exists in just 26% of LAC countries, and 70% do not have a public body responsible for data leadership.

    “Similarly, only 26 percent of LAC countries have a comprehensive data strategy, and 70 percent lack a public organization responsible for data leadership.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites OECD and IDB, 2024

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation
    § 5. Strategic Issues for Latin America and the Caribbean

    In LAC, 70% of countries lack a public data-leadership body, and 83% lack data inventories.

    “According to the OECD and IDB (2024), 70 percent of LAC countries have no public organization responsible for data leadership and 83 percent lack data inventories.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites OECD and IDB, 2024

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation
    § 3. Global Patterns of AI Regulation

    The EU AI Act sorts AI systems into risk tiers and applies obligations that scale with risk, from transparency to conformity assessment and market surveillance.

    “The European Union's AI Act (European Commission, 2021) represents the most ambitious effort to date.It classifies AI systems by risk level-from minimal to unacceptable-and imposes proportionate obligations, ranging from transparency requirements to full conformity assessments and market surveillance.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites European Commission, 2021

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation
    § 2. Why Regulation Matters: The Innovation-Enabling Case

    Clear rules for AI reduce uncertainty and make it easier for new entrants to compete.

    “A transparent regulatory framework reduces uncertainty and lowers barriers to entry (Cihon, 2019).”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Cihon, 2019

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation
    § 5. Strategic Issues for Latin America and the Caribbean

    Some form of interoperability framework exists in 61% of LAC countries, but only 22% exchange all key data categories, and half of national institutions are not connected.

    “Although 61 percent of LAC countries have some kind of interoperability framework, only 22 percent exchange all key data categories, and half of national institutions remain outside these systems.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites OECD and IDB, 2024

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationreasoning
    § 5. Strategic Issues for Latin America and the Caribbean

    Absent inventories and interoperable systems, Europe-style risk-based regulation cannot be monitored, US-style sectoral coordination cannot work well, and even basic transparency cannot be checked.

    “Without inventories and interoperable systems, the risk-based approaches used in Europe become impossible to monitor, the sectoral coordination favored in the United States cannot function effectively, and even basic transparency requirements cannot be verified.”
    Quote in the paperSubstantial claim
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  • The paper relies on this without support.

    AI diffusion in LAC is at an early stage but adoption is accelerating in finance, health, education, and government.

    “In Latin America and the Caribbean (LAC), the diffusion of AI is still at an early stage, but adoption is accelerating in finance, health, education, and government.”
  • The paper relies on this without support.

    Without appropriate governance, AI may reinforce existing inequalities, deepen labor market informality, and erode trust.

    “Without appropriate governance, AI may reinforce existing inequalities—already among the world's highest in LAC—deepen labor market informality that affects over half the region's workers and erode the fragile trust between citizens and institutions that many countries are still rebuilding.”
  • The paper relies on this without support.

    With the right frameworks, AI can become a driver of productivity, inclusion, government responsiveness, and sustainable growth.

    “With the right frameworks in place, however, AI can become a driver of productivity, inclusion, government responsiveness, and sustainable growth that the region desperately needs to escape the middle-income trap.”
  • The paper relies on this without support.

    Ambiguity discourages investment and increases the risk of harmful practices.

    “Ambiguity discourages investment and increases the risk of harmful practices.”
  • The paper relies on this without support.

    Without oversight, dominant players may consolidate power and smaller firms may struggle to compete.

    “Without oversight, dominant players may consolidate power and smaller firms may struggle to compete—a particular concern in LAC where market concentration is already high in key sectors.”
  • The paper relies on this without support.

    As global markets increasingly require compliance with standards set in the US, EU, and other major economies, LAC firms that proactively align with international benchmarks will find it easier to integrate into global supply chains and access export markets.

    “As global markets increasingly require compliance with standards set in the United States, European Union, and other major economies, LAC firms that proactively align with international benchmarks will find it easier to integrate into global supply chains and access export markets.”
  • The paper relies on this without support.

    Purely national approaches risk creating a fragmented regional market of 650 million people, reducing competitiveness and limiting the benefits of regional integration.

    “However, purely national approaches risk creating a fragmented regional market of 650 million people, reducing competitiveness and limiting the benefits of regional integration that have been central to the region's development strategy.”
  • The paper relies on this without support.

    The region's entrepreneurs and SMEs often operate with limited resources and legal expertise.

    “The region's entrepreneurs and small and medium enterprises (SMEs), which often operate with limited resources and legal expertise, need clear rules to navigate AI development and deployment.”
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Cites

The publisher hasn’t deposited this paper’s reference list.

Authors
Levy Yeyati, E.
Published
2025-11-11
OpenAlex
W4416927846
Cited by
0
References
0
Type
report
Open access
Topics
  • Social Sciences › Law › Digitalization, Law, and Regulation
  • Social Sciences › Safety Research › Ethics and Social Impacts of AI
  • Physical Sciences › Computer Science › Artificial Intelligence › Law, AI, and Intellectual Property
Keywords
AI regulation, AI governance, Latin America and the Caribbean, Inter-American Development Bank, regulatory models, EU AI Act, institutional capacity, inequality

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