Nearly two months ago, we reported on El Salvador’s AI Promotion Law, which was created to establish a clear legal framework that not only incentivizes the development of artificial intelligence in El Salvador but also encourages companies in the sector or related fields to establish operations in the country.
These companies would benefit not only from this law but also from others, such as the “Law for the Promotion of Innovation and Technological Manufacturing of El Salvador“.
Since our previous article, which included a brief analysis of El Salvador’s AI Promotion Law, we felt it was insufficient for those wanting a deeper understanding. Therefore, we have decided to translate the entire law as faithfully as possible.
This law is titled in Spanish as “LEY DE FOMENTO A INTELIGENCIA ARTIFICIAL Y TECNOLOGÍAS” and can be translated into English as “Law for the Promotion of Artificial Intelligence and Technologies”. It was established under Decree No. 234 and enacted on March 3, 2025.
For those seeking a comprehensive understanding of everything this law entails, we hope the following full translation will prove useful—not only for knowledge purposes but also for considering El Salvador as a favorable country to launch operations or establish new businesses.
From this moment on, we present the entire law translated from Spanish into English. The translation has been carried out as faithfully as possible.
DECREE No. 234
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I. That Article 101 of the Constitution of the Republic establishes that the economic order must fundamentally adhere to principles of social justice, to ensure that all inhabitants of the country enjoy a dignified human existence. Likewise, it establishes that the State shall promote economic and social development through increased production, productivity, and the rational use of resources.
II. That artificial intelligence has emerged as one of the most disruptive and transformative technologies of the 21st century, due to its capacity to learn, adapt, and make decisions, revolutionizing key sectors such as healthcare, education, industry, finance, and security, among others. However, its expansion has also raised significant challenges regarding ethics, security, privacy, and equity.
III. That, in this context, it is necessary to establish a legal framework that fosters the development and use of artificial intelligence, promoting its growth and innovation, while ensuring its responsible, fair, and secure use.
THEREFORE,
in exercise of its constitutional powers and at the initiative of the President of the Republic, through the Minister of Economy,
DECREES the following:
LAW FOR THE PROMOTION OF ARTIFICIAL INTELLIGENCE AND TECHNOLOGIES
CHAPTER I
General Provisions
Object
Art. 1.– This Law aims to contribute to the technological advancement and economic growth of the country by promoting the development, research, and application of artificial intelligence or similar technologies. This shall be achieved through the creation of a comprehensive regulatory framework to manage the risks associated with such technologies and the establishment of appropriate safeguards to enable developers, researchers, and other individuals involved in artificial intelligence to carry out their activities efficiently, always within the limits established by this Law.
Purpose
Art. 2.– This Law shall have the following purposes:
a) Foster a favorable environment in El Salvador for the development, research, and implementation of artificial intelligence models or technologies, ensuring adequate protections for businesses or entities wishing to operate in this sector.
b) Generate public trust in the use of artificial intelligence in their activities by promoting accountability, transparency, and fairness in the systems where these technologies operate, and addressing risks of biases, misuse, and misinformation in such systems.
c) Integrate artificial intelligence education into the educational system and incentivize the private sector to invest in training programs on this subject within their organizations.
d) Promote the execution of activities carried out under this Law in an environmentally responsible manner, encouraging the use of renewable energy and supporting research in energy efficiency technologies.
e) Encourage the integration and application of artificial intelligence and similar technologies in public services to optimize areas such as education, healthcare, security, transportation, and others compatible with these technologies, thereby enhancing the quality of life of citizens and enabling equitable access to the benefits of these technological advancements.
f) Establish El Salvador as a key actor in global artificial intelligence governance and innovation, aligning with best practices and supporting cross-border cooperation in the research and deployment of this technology.
Scope of Application
Art. 3.– The provisions of this Law shall apply to all natural or legal persons, regardless, in the case of the latter, of their nature, degree of autonomy, or formation regime, that engage in activities or provide services related to the development, research, and application of technologies pertaining to artificial intelligence, autonomous learning, generative models, and other similar technologies, as well as those who carry out or participate in the collection, storage, processing, and application of data for the aforementioned activities.
Definitions
Art. 4.– For the purposes of this Law, the following terms shall be understood as:
a) Artificial Intelligence or AI: Systems or models capable of performing tasks that generally require human intelligence, such as perception, language processing, problem-solving, and learning, with the potential to operate autonomously or semi-autonomously.
b) Machine Learning or ML: A subset of AI involving algorithms and statistical models that enable systems to improve their performance in specific tasks based on experience with data, without the need for explicit reprogramming for each task.
c) Generative Models:
AI models designed to create new content, including, among others, text, images, and audio, derived from patterns in training data.
d) Open Domain Data:
Data or content currently or previously accessible through the web or public access networks, made available by the original owner, permitting its unrestricted use for the execution of activities contemplated by this Law.
e) Algorithm:
A set of rules or instructions designed to solve a problem or perform a task, frequently implemented in AI systems for decision-making and operations.
f) Sandbox or Testing Environment:
An isolated virtual environment in which simulations, tests, or studies may be conducted without affecting information that is already part of operating systems or technologies.
g) Bias:
Any systematic error in the outcomes of an AI system that disproportionately favors or disfavors certain groups or individuals, based on characteristics such as gender, race, or socioeconomic status.
h) Explainable:
The ability of an AI system to provide understandable and transparent explanations of its decision-making processes to stakeholders.
i) AI-Driven Decision:
A decision made with significant input from AI systems, either independently or in conjunction with human operators.
j) Autonomous Systems:
AI-powered systems capable of operating independently without direct human intervention, including robots, vehicles, and decision-support tools.
k) Training Data:
The dataset used to train AI systems, enabling them to learn patterns and make predictions or decisions.
Ethical Principles
Art. 5.– In the execution of all activities contemplated under this Law, the principles of fairness, transparency, accountability, informed consent, data minimization, inclusion, and non-discrimination shall be respected.
Promotion of the Development, Research, and Application of AI and Similar Technologies
Art. 6.– The State shall create a favorable environment for technological progress by promoting innovation in AI-related technologies and others similar to them. To this end, it shall carry out, at a minimum, the following:
a) Promote the creation of AI laboratories, research centers, and innovation hubs within El Salvador to provide resources, training, and guidance to entities involved in technological advancement.
b) Encourage the formation of technical alliances and cooperation agreements between public and private entities to share knowledge and collaborate on the development of AI and technologies. All agreements entered into for these purposes shall be subject to this Law.
CHAPTER II
Institutional Framework
National Artificial Intelligence Agency
Art. 7.– The National Artificial Intelligence Agency is hereby established, hereafter referred to as “the Agency” or “ANIA,” as a decentralized institution with functional and technical autonomy, affiliated with the Presidency of the Republic, to exercise the powers and responsibilities stipulated by this Law and other applicable provisions.
ANIA shall be the governing authority in matters of promotion and fostering of the development, research, and application of artificial intelligence and other similar technologies.
Attributions of the Agency
Art. 8.– The Agency shall have the following attributions:
a) Coordinate and supervise compliance by obligated subjects with the obligations established under this Law, to file relevant complaints with the institutions that regulate them, if applicable.
b) Establish technical assistance programs and training for the general population regarding the activities contemplated under this Law.
c) Coordinate the activities carried out by the State to promote the development, research, and application of AI and similar technologies.
d) Establish and administer the National Registry of Development, Innovation, and Application of AI, as well as issue the regulations governing its operation.
e) Collaborate with the Ministry of Education, Science, and Technology to incorporate education on artificial intelligence and similar technologies at all levels of the educational system, ensuring a global approach that integrates theoretical knowledge, technical competence, and ethical considerations. This collaboration shall emphasize the responsible development, deployment, and use of AI systems, fostering digital literacy, transparency, and innovation, while preparing students and professionals to adapt to the evolving technological landscape and its real-world applications.
f) Provide technical assistance to public institutions for the incorporation of AI or similar technologies into their procedures or services.
g) Conduct annual accountability reporting and promote maximum transparency of information related to its activities.
h) Others necessary to ensure the proper application of this Law and other applicable provisions.
i) Promote public-private partnerships to deliver practical training using industry-standard tools and technologies.
Organization
Art. 9.– ANIA shall have an Executive Director as its highest authority and shall possess the necessary organizational structure to carry out its responsibilities.
Executive Directorate
Art. 10.– The Executive Director shall exercise the functions of direction, coordination, and supervision of ANIA. They shall be appointed by the President of the Republic for a five-year term and may be reappointed once for an equal term.
The President of the Republic shall also appoint the respective Deputy Executive Director of ANIA, who shall substitute the Executive Director in cases of death, resignation, leave, inability to attend, conflict of interest, or other valid reason.
If the appointment of the Executive Director is delayed for any reason, the incumbent from the previous term shall remain in office until reappointed or a new official is appointed.
Attributions of the Executive Director
Art. 11.– The Executive Director shall have the following attributions:
a) Direct and administer ANIA.
b) Authorize the technical and administrative organizational structure, manuals, and other administrative instruments; the proposed salary scale for personnel; the annual operational plan; managerial processes and systems; as well as policies ensuring the Agency’s functioning.
c) Monitor and continuously evaluate the implementation of plans and programs promoted by ANIA to fulfill the purposes of this Law, and submit corresponding reports on them.
d) Adjudicate registration requests in the National Registry of Development, Innovation, and Application of AI from entities engaged in the activities outlined in Article 3 of this Law that wish to access the safeguards it provides.
e) Ensure compliance with treaties, laws, and other legal provisions related to the use of artificial intelligence and other similar technologies.
f) Propose the signing, ratification, or accession to international treaties or agreements that contribute to the purposes of this Law, in coordination with the competent State Secretariat.
g) Promote international cooperation initiatives and donations for the benefit of ANIA, in accordance with applicable regulations.
h) Propose the hiring of personnel required to achieve ANIA’s attributions, as well as specialized professional or technical services to carry out its duties.
i) Ensure the proper management of resources and the overall functioning of the Agency.
j) Exercise other functions and powers that correspond to them, in accordance with this Law and other applicable provisions.
Requirements to be Executive Director
Art. 12.– To serve as Executive Director, the following requirements must be met:
a) Be at least thirty years of age.
b) Have work experience in AI development or related technologies.
c) Be of recognized honorability and probity.
d) Have demonstrated outstanding performance in professional, public service, or academic matters.
Ineligibilities
Art. 13.– The following are ineligible to serve as Executive Director:
a) Those who have not reached thirty years of age.
b) The President and Vice President of the Republic, presidential designees, ministers and deputy ministers of state, the President and justices of the Supreme Court of Justice and the Second Instance Chambers, the President and justices of the Court of Accounts of the Republic, the heads of the Public Ministry, the President and justices of the Supreme Electoral Tribunal, and diplomatic and consular officials.
c) Spouses or relatives within the fourth degree of consanguinity or second degree of affinity of the individuals listed in the preceding subsection.
d) Those declared in bankruptcy or insolvency who have not been rehabilitated.
e) Those who are legally incapable for any reason.
Grounds for Removal of the Executive Director
Art. 14.– The Executive Director may be removed from office for the following reasons:
a) Failure to meet the requirements for their appointment or becoming subject to ineligibilities for holding the position.
b) Incompatibility or conflict of interest arising during the exercise of the position.
c) Physical or mental incapacity rendering them unable to perform the duties of the position.
d) Serious and proven breach of their obligations and the functions inherent to the position.
e) Using the position to exert undue influence.
f) Loss or suspension of citizenship rights.
g) Having been judicially convicted of intentional crimes.
The decision to remove the Executive Director shall be made by the President of the Republic, with stated cause, while guaranteeing their right to a hearing and defense.
CHAPTER III
Development, Research, and Application of Artificial Intelligence and Similar Technologies
Free Participation
Art. 15.– Natural and legal persons, both national and foreign, shall have the freedom to directly engage in or participate in the development, research, training, and implementation of AI and similar technologies within Salvadoran territory, provided they do not violate the provisions of this Law and other applicable legislation.
Registration and Applicable Regulations
Art. 16.– Entities that conduct their activities using exclusively open domain data or their own proprietary data, and whose projects are not intended for commercial purposes or public use, shall only be required to register with the National Registry of Development, Innovation, and Application of AI to benefit from the safeguards granted by this Law.
When activities related to the development, research, and application of AI involve functions inherent to public institutions or areas under the regulation and supervision of an administrative authority, said entities must also comply with the technical security regulations established by the State Cybersecurity Agency, hereafter referred to as “ACE,” and other competent entities.
For the issuance of the regulations mentioned in the preceding paragraph, the technical criteria determined by ANIA for such purposes shall be respected.
Risk Assessment of AI and Similar Technologies
Art. 17.– ANIA shall establish a Comprehensive Risk Assessment Framework for AI and similar technologies that balances technological innovation with public safety and social welfare. Compliance requirements shall be mandatory exclusively for systems handling data classified as confidential, restricted, or personal under current legislation.
Based on the technical assessment conducted by ANIA, specific security criteria to be implemented by competent institutions shall be established and incorporated into the corresponding regulations. This regulatory framework shall be designed with the necessary flexibility to adapt to and integrate new classifications and international security standards that may emerge in the future.
AI-Driven or AI-Informed Decisions
Art. 18.– When AI is used commercially or to access rights or services within the Republic, there shall be an obligation to inform the user whether the decision was made directly by AI or driven by it.
The notification of the decision shall include understandable and transparent explanations of the process leading to its adoption. Additionally, mechanisms shall be established to challenge such decisions before a competent natural person authorized to confirm, modify, or revoke the decision.
Compliance with this Article is a mandatory requirement to benefit from the safeguards granted under this Law.
Safeguards
Art. 19.– Entities duly registered in the National Registry of Development, Innovation, and Application of AI, and in compliance with applicable technical regulations, where applicable, shall enjoy the following safeguards:
a) Precautionary or judicial measures aimed at restricting the use of Open Domain Data in El Salvador for research, technological development, machine learning, generative artificial intelligence, or lawful innovations shall be avoided, provided such use respects applicable intellectual property rights, personal data privacy, and other relevant legislation.
b) Activities conducted for research, experimental purposes, or within sandbox or testing environments shall not impose liability on the individuals conducting them, even for unintended consequences or errors arising therefrom, provided these activities are not commercially deployed and do not directly interfere with users’ rights.
c) No liability shall be imposed on developers and operators of AI or similar technologies for direct or indirect consequences resulting from third-party misuse of their tools, provided they demonstrate reasonable efforts to ensure compliance with established security, ethical, and operational standards.
d) In the case of exporting AI or similar technologies, no liability shall be attributed for their use outside Salvadoran jurisdiction, provided they comply with El Salvador’s export legislation and relevant international agreements.
e) AI models, including their weights, training data, and generated outputs, shall not be subject to restrictive licensing terms that limit innovation, competition, or research. Developers shall have the right to access and enhance these technologies, provided they comply with applicable legislation on intellectual property, data privacy, and ethical use. No private entity may impose conditions that unduly restrict the reuse, analysis, or improvement of AI-generated outputs, unless such restrictions are expressly established by Salvadoran legislation.
Liability in the Lifecycle of AI or Similar Technologies
Art. 20.– All stakeholders involved in the lifecycle of AI, including developers, implementers, service providers, and end-users, are responsible for their respective roles in ensuring the ethical and responsible use of AI systems. Developers must design AI systems that comply with established ethical and technical standards, while implementers are responsible for their proper implementation and adherence to security guidelines. Service providers must maintain secure infrastructure, and end-users must utilize AI systems responsibly within their intended scope.
Promotion of Environmental Sustainability in AI Development
Art. 21.– The State shall facilitate the use of renewable energy sources for the development, research, and application of artificial intelligence, as well as for the operation of data centers and related infrastructure.
Use of Personal Data
Art. 22.– The use of personal data in the development, research, and application of AI or similar technologies shall comply with the provisions of the Law for the Protection of Personal Data. Additionally, such use shall adhere to the technical regulations issued for these purposes and shall be under the strict supervision of ANIA and ACE.
Intellectual Property Rights
Art. 23.– All intellectual property, including patents, copyrights, trademarks, and industrial secrets, resulting from the research, development, or innovation of AI conducted within the territory of El Salvador, shall belong exclusively to the developing entity or individual.
In collaborative projects involving multiple entities, intellectual property rights shall be determined by prior contractual agreements between the parties.
Proprietary algorithms, datasets, and AI systems developed in El Salvador are protected by law and shall not be disclosed or used without the explicit consent of the owner.
International Protections for AI
Art. 24.– The State shall facilitate access to applicable international intellectual property protections for AI or similar technologies, assisting developers in registering their innovations under global treaties such as the Patent Cooperation Treaty (PCT) or other relevant agreements.
CHAPTER IV
Final Provisions
Competition in AI Development
Art. 25.– No private entity shall adopt practices that unjustifiably restrict free competition in the development, commercialization, or implementation of Artificial Intelligence systems within Salvadoran territory.
Non-Discrimination in AI Development
Art. 26.– El Salvador recognizes the importance of open-source artificial intelligence and the free flow of AI-related knowledge for technological advancement, economic growth, and national development.
Consequently, no restrictions shall be imposed on the use, modification, development, or integration of open-source AI models, datasets, weights, algorithms, or software, provided such use complies with Salvadoran legislation and international agreements.
AI research frameworks and initiatives shall remain open to global collaboration, ensuring that developers, businesses, and institutions can use, contribute to, and benefit from AI innovations worldwide, including publicly available open-source AI technologies.
Issuance of Technical Security Criteria and Registry-Related Regulations
Art. 27.– ANIA shall issue the technical security criteria pertaining to activities involving the development, research, and application of AI related to functions inherent to public institutions or sectors under the regulation and supervision of an administrative authority, within a maximum period of ninety days from the enactment of this Law.
Within the same timeframe, ANIA shall issue regulations concerning the information to be submitted and the registration process for the National Registry of Development, Innovation, and Application of AI.
Special Status
Art. 28.– This Law shall have special status in its application over other laws, without prejudice to the provisions of the Cybersecurity and Information Security Law and the Law for the Protection of Personal Data.
Validity
Art. 29.– This Decree shall enter into force eight days after its publication in the Official Gazette.
ISSUED IN THE HALL OF HONOR OF THE MINISTRY OF FOREIGN AFFAIRS: District of Antiguo Cuscatlán, Municipality of La Libertad Este, Department of La Libertad, on the twenty-sixth day of the month of February of the year two thousand twenty-five.
ERNESTO ALFREDO CASTRO ALDANA,
PRESIDENT.
SUECY BEVERLEY CALLEJAS ESTRADA,
FIRST VICE PRESIDENT.
KATHERYN ALEXIA RIVAS GONZÁLEZ,
SECOND VICE PRESIDENT.
ELISA MARCELA ROSALES RAMÍREZ,
FIRST SECRETARY.
REYNALDO ANTONIO LÓPEZ CARDOZA,
SECOND SECRETARY.
REINALDO ALCIDES CARBALLO CARBALLO,
THIRD SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the twenty-seventh day of the month of February of the year two thousand twenty-five.
PUBLISH,
NAYIB ARMANDO BUKELE ORTEZ,
President of the Republic.
MORENA ILEANA VALDEZ VIGIL,
Minister of Tourism, Acting Head of the Ministry of Economy.
Official Gazette No. 43
Volume No. 446
Date: March 3, 2025
