2026 Concilium Insights

Panel II: Operating in Conflict Zones

Residual Risk Cannot Be Contracted Away: Operating Successfully in High-Opportunity Markets with Fragile Institutions

Author/s

Marcio A. Battilana
mbattilana@grupo1811.com | Managing Director | Groupo 1811 | Asunción, Paraguay

Paraguay has markets that are not kinetic conflict zones but present high residual institutional and non-state risks; the conventional investment thesis built on macroeconomic stability, low taxes, and cheap energy is incomplete. Multinational companies can generate strong returns, but only if residual risks — judicial unpredictability, organized-crime penetration of legitimate sectors, and political influence over institutions — are explicitly priced, governed, and owned at board level rather than treated as fully manageable through contracts or compliance programs alone.
This matters now because capital continues to flow into frontier and near-frontier markets seeking diversification, resource security, and energy advantages, yet many boards still apply due-diligence frameworks calibrated to more predictable rule-of-law environments. The assumption that investment-grade status, formal anti-corruption reforms, and strategic partnerships with the United States automatically neutralize operational risk is increasingly dangerous — and expensive when it fails.

What Is Driving the Change

Three forces are reshaping the operating environment in high-opportunity, non-kinetic risk markets. First, sustained macroeconomic and energy advantages — cheap renewable hydroelectric power, competitive tax regimes (10% corporate income tax, maquila at 1% on value added), and recent investment-grade upgrades — continue to attract FDI and power-intensive industries. Second, institutional fragility persists: corruption perceptions remain among the worst in South America and organized-crime networks (particularly Brazilian organized crime factions such as the PCC and CV operating in the tri-border ecosystem) continue to move drugs, contraband, and laundered proceeds into real estate, agribusiness, cattle, logistics, and commerce. Third, expanded strategic bilateral engagement with the United States — civil nuclear cooperation (August 2026), Status of Forces Agreement, defense articles memoranda, and a safe-third-country asylum partnership — signals geopolitical realignment while formal compliance frameworks (beneficial-ownership registries, autonomous confiscation, specialized economic-crime courts) have been modernized since 2019 to meet FATF/GAFILAT standards.

These forces interact to produce a sharp dual reality. Headline economic opportunity and formal legal modernization coexist with residual risks that cannot be fully contracted away. The result is a meaningful change in the operating environment: companies that treat the “cheap power + low taxes + investment grade” pitch as sufficient will underprice judicial insecurity, third-party opacity, and non-state actor friction. Those that price residual risk explicitly and govern it at board level can still capture the upside.

What the Experience of Paraguay Reveals

Paraguay illustrates the gap between official modernization narratives and commercial reality with unusual clarity. The country is not a kinetic conflict zone. It is a high-risk, high-opportunity market defined by sustained macroeconomic stability and institutional fragility operating in parallel.

On the positive side, Paraguay achieved investment-grade status (Moody’s Baa3 in July 2024; S&P BBB shortly after), keeps inflation within a 3.5–4% target band, offers a simple and competitive tax regime, and continues to export large surpluses of low-cost renewable hydroelectricity (electricity exports ~US$1.61 billion).

FDI net inflows reached roughly US$931 million in 2024. Landmark projects have advanced: Paracel’s pulp mill, ATOME’s green fertilizer plant in Villeta (FID reached on a ~US$665 million package with IDB Invest, IFC, EIB and others), expanding maquila manufacturing, and early interest in data centers. Legislative reforms since late 2019 established beneficial-ownership registries, autonomous confiscation mechanisms, and specialized economic-crime judges; further updates in 2024 created the National Regime of Integrity, Transparency and Prevention of Corruption and the unified tax authority DNIT. The provisional EU–Mercosur agreement (May 2026) and preferential U.S. trade relations add structural upside. On the negative side, Transparency International’s Corruption Perceptions Index score of 24 in both 2024 and 2025 places Paraguay near the bottom of the region, and roughly 150th globally. Organized crime — Brazilian factions (PCC, CV, and others), local networks, and the tri-border ecosystem — continues to launder proceeds into legitimate sectors. Judicial insecurity is a recurring operational fact: contract enforcement is uneven, property-rights disputes (especially rural land and “tierras malhabidas” legacies which are large extensions of field obtained during the military dictatorship 1954-1989) can escalate quickly, and high-level political influence over institutions is widely acknowledged. Informality remains large; bureaucracy has not improved; and infrastructure lags the growth story.

What Paraguay reveals is that formal alignment with international standards and strategic partnership with the United States do not automatically close the gap between policy and commercial reality. The country is both an early indicator of a wider class of high-opportunity markets with material residual institutional and non-state risks, as well as a direct challenge to the prevailing narrative that investment-grade status plus U.S. engagement equals reduced operational risk.

Well-governed companies can operate and generate returns, but only if they treat residual institutional and non-state risks as material, which cannot be fully contracted away, and which must be priced and governed explicitly.

Implications for Multinational Companies

The practical consequence is that entry or continued operations in such markets require a different risk posture. Companies that overweight tax and energy advantages while under-weighting judicial and political exposure repeatedly encounter cost overruns, delayed start-ups, forced renegotiations, or compliance and reputational problems. Weak third-party and local-partner diligence — especially reliance on politically connected intermediaries who “know how to get things done” — is a recurring pattern that later produces the largest residual risks.
Companies should reconsider: the assumption that strong formal compliance programs, local counsel of record, and investment-grade status are sufficient to neutralize third-party, judicial, and organized-crime-related risks in these markets. The “cheap power + low taxes + stability” pitch is real; the fine print on rule of law and third-party opacity is equally real and cannot be ignored.

The most important risk or opportunity is: the residual influence of organized crime and political networks in certain geographic and sectoral niches (especially the tri-border area), combined with systemic judicial unpredictability. Once a dispute reaches the courts or a local power structure decides a project is inconvenient, even best-in-class contracts and compliance systems have limited protective effect. At the same time, green-energy value chains and power-intensive industry remain under-weighted relative to traditional agro-industry precisely because this residual-risk fine print is poorly understood.

The practical response should be: Independent risk mapping and residual-risk ownership by the board, performed with local experts who are duly vetted and independent of the same networks being assessed. Before any authorization, require: (a) geographic and sector-specific risk assessment (border vs. interior; agro-logistics vs. industrial parks); (b) full beneficial-ownership and political-exposure diligence on every material local partner, landlord, and key supplier; (c) clear identification of which risks can be contractually or operationally controlled and which cannot; and (d) an explicit board-level decision that the residual risk is acceptable for the expected return, with predefined exit triggers and crisis-management readiness. Transactional corruption and third-party risk can be meaningfully reduced by rigorous practice; systemic judicial unpredictability and residual non-state actor influence cannot be fully mitigated.

What Comes Next

Over the next 24–36 months the dual reality will persist and likely sharpen.

Our prediction is: Paraguay will continue to attract selective FDI into power-intensive and green projects (fertilizer, data centers, further pulp and sustainable forestry), supported by U.S. strategic engagement, the nuclear cooperation framework, and progress on EU–Mercosur. At the same time, residual institutional and security risks will remain material and will produce periodic high-profile compliance, dispute, or reputational failures for entrants who under-weighted the fine print.

The development to watch is: The practical implementation and enforcement credibility of the 2024 National Regime of Integrity and the bicameral anti-money-laundering commission, together with whether the large green projects now moving forward (ATOME Villeta and potential datacenter or further industrial investments) demonstrate relatively clean third-party ecosystems or generate new AML, facilitation-payment, or reputational incidents. A second indicator will be the degree to which specialized economic-crime courts deliver more predictable outcomes in high-value commercial disputes.

There are general presidential and congress elections on April 2028, and new government shall take office in August 2028.

Bottom Line

For multinational companies, the central lesson is that macroeconomic stability, formal legal modernization, and even strategic partnership with the United States do not eliminate residual institutional and non-state risks; those risks must be priced, owned, and governed at board level or the investment thesis remains incomplete. There is a high degree of oversight from the U.S. Embassy in Paraguay, and all U.S. companies have that “advantage” knowing that Uncle Sam´s representative in town is respected among public and private sector.

Paraguay is not per-se a conflict zone, however the Trump administration has declared two local Brazilian Factions as Terrorist Groups — PCC and CV — therefore all businesses carried around the tri-border area (Argentina, Brazil, and Paraguay) have an over extensive oversight that needs to be addressed.