HIDROCARBUROS

Law 26.915

Act No. 26,659. Modification.

Sanctioned: November 27, 2013

Promulgated: December 5, 2013


ARTICLE 1 — Replace article 7 of Act 26,659 with the following:

Article 7°-

1. You will be repressed with imprisonment from CINCO (5) to DIEZ (10) years, fine equivalent to the market value of VEINTE MIL (20.000) to CIEN MIL (100.000) barrels of crude oil (WTI) with capacity of CUARENTA and DOS (42) American gallons, equivalent to CIENTO CINCUENTA and NUEVE (159) litres, and special damages

2. You will be repressed with DIEZ prison (10) to QUINCE (15) years, fine equivalent to the market value of CINCUENTA MIL (150.000) to UN MILLON QUINIENTS MIL (1,500.000) barrels of crude oil (WTI) with capacity of CUARENTA and DOS (42) US gallons, equivalent to CIENTO CINCUENTA and NUEVE (159)

3. The conviction for the facts provided for in this article shall import the confiscation of the equipment and materials used in the execution of the illicit acts and the hydrocarbons that have been extracted, and the extinction of any permit for exploration or concession of exploitation or of hydrocarbon or mining transport, and of any concession or licence originating in any type of contract granted or approved by the National State or by any provincial State, and the expiry of the benefits agreed upon.

ARTICLE 2° — Replace article 8 of Act 26,659 with the following:

Article 8°- Where any of the facts provided for in the preceding article have been executed on behalf of, with the assistance or for the benefit of an ideal person, a de facto association, or an entity which, despite not having the quality of the subject of law, is obliged to the fiscal effect in accordance with the provisions of the rules in this respect, the penalty of imprisonment shall be applied to the directors, managers, trustees, administrators or officials.

ARTICLE 3° — Replace article 9 of Act No. 26,659 with the following:

Article 9°- Where any of the facts provided for in article 7 (1) and (2) have been executed on behalf of, with the intervention, or for the benefit of an ideal person, the following sanctions shall be imposed on the entity jointly or alternatively, without prejudice to the provisions of other provisions of this rule:

1. Fine equivalent to the CIEN MIL market value (100.000) to UN MILLON (1,000.000) or CINCUENTA MIL CIENTA (150.000) to UN MILLON QUINIENTS MIL (1.500.000) barrels of crude oil (WTI) with capacity of CUARENTA and DOS (42) American gallons, equivalent to CIENTO CINCUENTA, and NUE

2. Total or partial suspension of activities, up to TEN (10) years;

3. Suspension to participate in government competitions or tenders for public works or services or in any other activity linked to the State, for up to TEN (10) years;

4. Cancellation of the personry when it had been created only for the purpose of the commission of the offence, or such acts constitute the principal activity of the entity;

5. Publication of an excerpt from the conviction at the expense of the legal person or the entity responsible for the tax purposes in accordance with the laws in that regard;

In order to graduate these sanctions, judges will take into account the non-compliance of internal rules and procedures, the extent of the damage caused, the amount of money involved in the commission of the crime, the size, nature and economic capacity of the legal person.

ARTICLE 4° — Replace article 10 of Act No. 26,659 with the following:

Article 10.- The jurisdiction for the investigation and prosecution of the facts provided for in this Act rests with the Federal Justice.

ARTICLE 5° — Replace the number of articles 7°, 8°, 9°, 10 and 11 of the Act No. 26.659 as articles 11, 12, 13, 14 and 15 respectively.

ARTICLE 6° — Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTSIETE DAYS OF THE MONTH YEAR DOS MIL TRECE.


LOVE BOUDOU. - JULIAN A. DOMINGUEZ. — Juan H. Estrada. - Gervasio Bozzano.