Key Benefits:
CODIGO PENAL
Law 25.246
Modification. Coverage and Washing of Assets of criminal origin. Financial Information Unit. Must report. Subjects forced. Administrative criminal system. Public Prosecutor's Office. Article 25 of Act No. 23,737 (ordered text).
Sanctioned: April 13, 2000.
Promulgated: May 5, 2000.
The Senate and Chamber of Deputies
of the Argentine Nation gathered in Congress,
etc.
Law:
CHAPTER I
Amendment to the Criminal Code
ARTICLE 1 Replace the section of Chapter XIII, Title XI of the Criminal Code, which shall be renamed as follows: "Chapter XIII: Coverage and Washing of Assets of Criminal Origin."
ARTICLE 2 Replace article 277 of the Criminal Code with the following:
Article 277 (1) He shall be repressed with imprisonment of six (6) months to three (3) years, after the commission of an offence executed by another, in which he had not participated:
(a) Help someone to circumvent the investigations of the authority or to subtract to the action of the authority.
(b) It conceals, alters or makes the traces, evidences or instruments of the crime disappear, or helps the author or participates in hiding, altering or making them disappear.
(c) It acquires, receives or conceals money, things or effects from a crime.
(d) It shall not denounce the perpetration of an offence or shall not identify the perpetrator or participant of an offence already known, when he is obliged to promote criminal prosecution of such an offence.
(e) Ensure or assist the author or participate in ensuring the proceeds or profits of the crime.
(2) The criminal scale will be increased to twice its minimum and maximum, when:
(a) The preceding act was a particularly serious offence, such as the minimum penalty of which was more than three (3) years ' imprisonment.
(b) The author will act for profit.
(c) The author is regularly engaged in the commission of cover-up events.
The aggravation of the criminal scale provided for in this subparagraph will only operate once, even if more than one of its qualifying circumstances occurs. In this case, the court may take into account the plurality of cases by individualizing the penalty.
(3) Those who have worked for the spouse are exempt from criminal responsibility, from a relative whose bond does not exceed the fourth degree of consanguinity or second degree of affinity or from an intimate friend or person to whom special gratitude is given. The waiver does not apply to cases in subparagraph 1 (e) and 2 (b).
Article 3 Replace article 278 of the Criminal Code with the following:
Article 278: (1) (a) It shall be repressed with imprisonment of two to ten years and a fine of two to ten times of the amount of the operation which converts, transfers, administers, sells, gravare or otherwise applies in any other way money or other kind of property from a crime in which it has not participated, with the possible consequence that the original goods or subrogants acquire the appearance of a lawful origin and whenever its value exceeds fifty thousand
(b) The minimum of the criminal scale shall be five (5) years ' imprisonment, when the author habitually performs the act or as a member of an association or band formed for the continued commission of such acts;
(c) If the value of the property does not exceed the amount specified in this subparagraph, letter a, the author shall be repressed, if any, in accordance with the rules of article 277;
(2) The one who by grave fear or imprudence commits any of the facts described in the preceding paragraph, first sentence, shall be repressed with a fine of twenty percent (20%) to one hundred and fifty percent (150%) of the value of the goods subject to the crime;(3) Anyone who receives money or other property of criminal origin, in order to make them apply in an operation that gives them the possible appearance of a lawful origin, shall be repressed in accordance with the rules of Article 277;
(4) The objects referred to in the offence of subparagraphs 1, 2 or 3 of this article may be confiscated.
ARTICLE 4 Replace article 279 of the Criminal Code with the following:
Article 279: 1. If the criminal scale envisaged for the preceding offence is less than that set out in the provisions of this Chapter, the criminal scale of the preceding offence shall apply to the case;
2. If the preceding offence is not threatened with a custodial penalty, it shall apply to its cover-up fine of one thousand pesos ($ 1,000) to twenty thousand pesos ($ 20,000) or the criminal scale of the preceding offence if it were less. The concealment of such an offence shall not be punishable, when committed for imprudence, within the meaning of article 278, paragraph 2;
3. Where the author of any of the facts described in article 277, subparagraphs 1 or 2, or article 278, paragraph 1, is a public official who has committed the act in exercise or occasion of his functions, he shall also suffer special disqualification from three (3) to ten (10) years. The same penalty shall be the one who acted in the exercise or occasion of a profession or trade requiring special empowerment. In the case of article 278, paragraph 2, the penalty shall be one (1) to five (5) years of disqualification;
4. The provisions of this Chapter shall govern even if the preceding offence had been committed outside the special scope of this Code, while the preceding act had also been threatened with punishment at the place of its commission.
CHAPTER II
Financial Information Unit
ARTICLE 5o Consider the Financial Information Unit (IFU) which will operate with autonomy and financial autarchy within the jurisdiction of the Ministry of Finance, which shall be governed by the provisions of this Act. (Expression ìen jurisdiction of the Ministry of Finance and Public Finance of the Nation, replaced by the expression ìen jurisdiction of the Ministry of Finance Decree No. 2/2017 B.O. 3/1/2017. Vigilance: from the date of your dictation).
(Article replaced by Article 7 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 6 The Financial Information Unit (FIU) will be responsible for the analysis, treatment and transmission of information to prevent and prevent:
1. The offence of money laundering (article 303 of the Criminal Code), preferably derived from the commission of:
(a) Offences related to illicit drug trafficking and marketing (law 23,737);
(b) Arms smuggling and drug smuggling (law 22,415);
(c) Offences related to the activities of an illicit association qualified under article 210 bis of the Criminal Code or an illicit terrorist association under article 213 ter of the Criminal Code;
(d) Offences committed by illicit associations (article 210 of the Criminal Code) organized for the commission of offences for political or racial purposes;
(e) Offences of fraud against public administration (article 174, paragraph 5, of the Criminal Code);
(f) Offences against the Civil Service provided for in chapters VI, VII, IX and IX bis of Title XI of the Second Book of the Criminal Code;
(g) Offences of child prostitution and child pornography, provided for in articles 125, 125 bis, 127 bis and 128 of the Criminal Code;
(h) Crimes of financing of terrorism (article 213 of the Criminal Code);
(i) Extortion (article 168 of the Criminal Code);
(j) Offences provided for in law 24,769;
(k) Deal with people.
2. The offence of financing terrorism (article 213 of the Criminal Code).
(Article replaced by Article 8 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 7 The Financial Information Unit will have its domicile in the Capital of the Republic and may establish regional agencies in the rest of the country.
ARTICLE 8 The Financial Information Unit shall consist of one (1) President, one (1) Vice-President and one Advisory Council of seven (7) Vocals consisting of:
(a) One (1) staff member representing the Central Bank of the Argentine Republic;
(b) One (1) representative of the Federal Public Income Administration;
(c) One (1) representative officer of the National Securities Commission;
(d) One (1) expert on topics related to the laundering of assets, representative of the Secretariat for Drug Prevention and the Fight against Drug Trafficking of the Presidency of the Nation;
(e) One (1) representative officer of the Ministry of Justice and Human Rights;
(f) One (1) representative officer of the Ministry of Finance;
(g) One (1) staff member representing the Ministry of the Interior.
The members of the Advisory Council shall be appointed by the national executive branch on the proposal of the holders of each of the agencies they represent.
He will be chaired by the President of the Financial Information Unit, who will have a voice but no vote in the decision-making process.
The Advisory Council will sit with the presence of at least five (5) of its members and decide by a simple majority of its members present.
The President of the Financial Information Unit shall issue the internal rules of procedure of the Advisory Council.
(Article replaced by Article 1 of the Act No. 26.119 B.O. 27/7/2006).
Article 9 The President and Vice-President of the Financial Information Unit (UIF) shall be appointed by the National Executive Branch, on the proposal of the Ministry of Finance and Public Finance of the Nation. The selection procedure is set out as follows: (Expression is the proposal of the Ministry of Justice and Human Rights, replaced by the following expression: the proposal of the Ministry of Finance and Public Finance of the Nation. Act No. 27.260 B.O. 22/7/2016. Watch: from the day after your publication in the Official Gazette.)
(a) A public, open and transparent procedure to ensure the suitability of candidates will be carried out within the Ministry of Finance and Public Finance. (Expression refers to the scope of the Ministry of Justice and Human Rights, replaced by the following expression: the scope of the Ministry of Finance and Public Finance of the Nation. 92 (c) Act No. 27.260 B.O. 22/7/2016. Watch: from the day after your publication in the Official Gazette.)
(b) The name, surname and curriculum history of the persons selected in the Official Gazette and in two (2) national daily newspapers will be published for three (3) days;
(c) The candidates shall submit an affidavit with the payroll of all the property of their own, the spouse and/or those of the convivor, those that integrate the property of the conjugal society and those of their minor children, in accordance with article 6 of the Law on Etica de la Función Pública 25.188 and concordants.
In addition, they should enclose another statement, including the payroll of civil associations and business societies that integrate or have integrated in the last eight (8) years, the payroll of clients or contractors of at least the last eight (8) years, in the framework of what is permitted by the rules of professional ethics in force, the studies of lawyers, accountants or of advice to which they belonged or belong, as appropriate, and in general, any type of commitment
(d) The Federal Public Income Administration (AFIP) will be required to report on the fulfilment of the tax obligations of those selected;
(e) A public hearing will be held for the purpose of evaluating the observations provided for in accordance with the provisions of the regulation;
(f) Citizens, non-governmental organizations, professional schools and associations and academic entities may, within fifteen (15) days of the last publication in the Official Gazette of subparagraph (b) of this article, submit to the Ministry of Finance and Public Finance, in writing and in a well-founded and documented manner, comments on candidates. Without prejudice to the presentations that are made, the same period may require opinion to organizations of relevance in the professional, judicial and academic field for the purposes of their assessment; (Expression: To represent the Ministry of Justice and Human Rights replaced by the following expression: To represent the Ministry of Finance and Public Finance, by art. 92 (d) Act No. 27.260 B.O. 22/7/2016. Watch: from the day after your publication in the Official Gazette.)
(g) In no more than fifteen (15) days, since the expiry of the established deadline, the public hearing should be held for the evaluation of the observations submitted. Subsequently and within seven (7) days, the Ministry of Finance and Public Finance will raise the proposal for consideration by the Executive. (Expression ”the Ministry of Justice and Human Rights will elevate the following phrase: “the Ministry of Finance and Public Finance will raise awareness, by art. 92 (e) Act No. 27.260 B.O. 22/7/2016. Watch: from the day after your publication in the Official Gazette.)
(Article replaced by Article 9 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 9o bis The Executive Power may remove the President and Vice-President of the Financial Information Unit (FIU) from his post when they incur in poor performance of their functions or in grave negligence, when they are convicted of the commission of criminal offences or for physical or moral inability after their appointment.
(Article 10 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 10. The President, Vice-President and Vocals of the Advisory Council shall have full dedication in their tasks, being attained by the incompatibility and obligations established by law for public officials, not being able to exercise during the two (2) years after their disengagement of the I.F. the activities established by the regulation in each case.
The President, Vice-President and Vocals of the Advisory Council shall last four (4) years in their posts, being able to be renewed indefinitely, receiving the first two a remuneration equivalent to that of Secretary. Vocals of the Advisory Council shall receive remuneration equivalent to that of Assistant Secretary.
The President, in the event of temporary impediment or absence, shall be replaced by the Vice-President.
(Article replaced by Article 1 of the Act No. 26.119 B.O. 27/7/2006).
ARTICLE 11. To be a member of the Financial Information Unit (FIU) it will be required:
(1) He holds a university degree, preferably in Law, or in disciplines related to Economics or Computer Sciences.
(2) Have a technical and professional background on the subject.
(3) Do not exercise simultaneously, or have exercised during the previous year the activities that the regulation requires in each case, or have no interest in them.
To be a member of the Advisory Council, three (3) years of age will be required in the body represented.
(Article replaced by Article 11 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 12. The Financial Information Unit (UIF) will have the support of liaison officers appointed by the holders of the Ministry of Justice and Human Rights, the Ministry of Foreign Affairs, International Trade and Worship, the Ministry of the Interior, the Ministry of Finance, the Ministry of the Office of the Programme for the Prevention of Drug Addiction and the Fight against Drug Trafficking of the Presidency of the Nation, the Central Bank of the Republic of Argentina, of the Federal Public Registration
Liaison officers will have the role of institutional consultation and coordination between the Financial Information Unit (FIU) and the agencies to which they belong. They should be hierarchized officials or directors of the agencies they represent.
The President of the Financial Information Unit (FIU) may request the holders of other public or private agencies to appoint liaison officers when it creates it useful for the exercise of their functions.
(Article replaced by Article 12 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 13. It is the responsibility of the Financial Information Unit:
1. Receiving, requesting and filing the information referred to in article 21 of this Act may only be used in the context of an ongoing investigation; (Incision replaced by art. 13 of the Act No. 26.683 B.O. 21/06/2011)
2. To establish and direct the analysis of acts, activities and operations which, as provided for in this Act, may set up activities for the laundering of assets or for the financing of terrorism as provided for in article 6 of this Act and, where appropriate, to make the elements of conviction available to the Public Prosecutor ' s Office for the exercise of the relevant actions; (Incision replaced by art. 5° of the Act No. 26,268 B.O. 5/7/2007)
3. Collaborate with the judicial bodies and the PUBLIC MINISTERY FISCAL in criminal prosecution of the crimes repressed by this Law, in accordance with the guidelines established by regulation. (Incision replaced by Article 9 of the Act No. 27.446 B.O. 18/06/2018)
4. (Section repealed by art. 10 of the Act No. 27.446 B.O. 18/06/2018)
ARTICLE 14. The Financial Information Unit (UIF) will be empowered to:
1. Request reports, documents, backgrounds and any other element that it deems useful for the performance of its functions, to any public, national, provincial or municipal bodies, and to human or legal persons, public or private, all of which shall be obliged to provide them within the term established to them, under the notice of law.
In the context of the analysis of a suspicious transaction report, the subjects covered in Article 20 may not oppose the Financial Information Unit (UIF) the bank, fiscal, bureaucrat or professional secret, or the legal or contractual commitments of confidentiality.
2. Receive voluntary statements, which in no case may be anonymous.
3. To require the collaboration of all State information services, which are obliged to provide it in the terms of the current procedural regulations.
4. Acting anywhere in the Republic in compliance with the functions established by this Act.
5. To request the Public Prosecutor ' s Office to require the competent judge to terminate the suspension, by the time specified, of the execution of any operation or act previously reported under article 21 (b) or any other act linked to it, prior to its implementation, when suspicious activities are investigated and there are serious and serious indications that it is about the laundering of assets arising from any of the offences provided for in article 6 of the present law. The appeal of this measure may only be granted with a return effect.
6. Request the Public Prosecutor ' s Office to require the competent judge to search for public or private places, to search for personnel and to seize documentation or elements useful for the investigation. Request the Public Prosecutor ' s Office to use all necessary legal means to obtain information from any source or source.
7. To establish the implementation of internal countermeasure systems for the persons referred to in Article 20. In order to implement the system of internal pain, the Financial Information Unit (FIU) shall establish the procedures for monitoring, monitoring and on-site inspection for the control of compliance with the obligations set out in article 21 of the Act and the directives and instructions issued in accordance with the powers of article 14 paragraph 10.
The internal pain system will depend directly on the President of the Financial Information Unit (FIU), who will have the procedure to be acted upon.
In the case of obligatory individuals with specific counter-lor bodies, the latter should provide the Financial Information Unit (FIU) with collaboration within its competence.
8. Applying the penalties provided for in chapter IV of this Act, due process must be ensured.
9. Organize and manage files and backgrounds relating to the activity of the Financial Information Unit (IFU) itself or data obtained in the exercise of its functions for the recovery of information concerning its mission, and may conclude agreements and contracts with national, international and foreign agencies to integrate into such information networks, on a necessary and effective basis.
10. Issue directives and instructions to be enforced and implemented by the subjects bound by this law, after consultation with the specific control agencies. Subjects required under Article 20, paragraphs 6 and 15, may issue rules of procedure complementary to the directives and instructions issued by the Financial Information Unit (FIU), not being able to expand or modify the scopes defined by those directives and instructions.
(Article replaced by Article 14 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 15. The Financial Information Unit shall be subject to the following obligations:
1. To present an annual surrender to the Honorable Congress of the Nation.
2. Compare to the commissions of the Honorable Congress of the Nation as often as they require it and issue the reports, opinions and advice that they request.
3. Conform the Unique Information Registry with the databases of the agencies required to supply them and with the information they receive for their activity.
ARTICLE 16. The decisions of the I.I.F. shall be taken by the President, after mandatory consultation with the Advisory Council, whose opinion is not binding.
(Article replaced by Article 1 of the Act No. 26.119 B.O. 27/7/2006).
ARTICLE 17. The Financial Information Unit will receive information, keeping secret the identity of those required to report. The secret of his identity shall cease when a complaint is made to the Public Prosecutor ' s Office.
Subjects of law other than the public sector and not covered by the obligation to report under article 20 of this Act may file complaints with the Financial Information Unit.
ARTICLE 18. The fulfilment, in good faith, of the obligation to report shall not generate civil, commercial, labour, criminal, administrative or other liability.
ARTICLE 19. .When the Financial Information Unit has exhausted the analysis of the reported operation and there are sufficient evidence to confirm its character as a suspect in asset laundering or the financing of terrorism in the terms of this law, this will be communicated to the Public Prosecutor ' s Office in order to establish whether it is appropriate to exercise criminal action.
When the reported operation is linked to facts under investigation in a criminal case, the Financial Intelligence Unit may communicate its suspicion directly to the intervening judge.
(Article replaced by Article 11 of the Act No. 27.446 B.O. 18/06/2018)
CHAPTER III
Must report. Subjects required
ARTICLE 20. They are obliged to inform the Financial Information Unit (FIU), in the terms of Article 21 of this Law:
1. Financial entities subject to the law 21.526 and amendments.
2. Entities subject to the law regime 18,924 and modifications and human or legal persons authorized by the Central Bank of the Argentine Republic to operate in the sale of foreign exchanges in the form of money or extended cheques in foreign currency or through the use of credit or payment cards, or in the transmission of funds within and outside the national territory.
3. Human or legal persons who, as usual activity, exploit random games.
4. Human and/or legal persons registered with the National Securities Commission to act as intermediaries in markets authorized by the aforementioned commission and those acting in the placement of Common Investment Funds or other collective investment products authorized by that agency. (Incision replaced by art. 200 of the Act No. 27.440 B.O. 11/5/2018)
5. Legal persons authorized by the National Securities Commission to act in the framework of collective financing systems through the use of web portals or other similar means and other legal persons registered in the agency in charge of the opening of the legajo and identification of the client profile to invest in the field of the capital market. (Incision replaced by art. 200 of the Act No. 27.440 B.O. 11/5/2018)
6. Public records of trade, representative agencies for the control and control of legal persons, real estate records, automotive property registers, pre-ship registers, all types of boat records and aircraft registers.
7. Human or legal persons engaged in the sale of works of art, antiquities or other sumptuous goods, philatelic or numismatic investment, or in the export, import, processing or industralization of jewelry or goods with metals or precious stones.
8. The insurance companies.
9. The issuing companies of traveller cheques or operators of credit or purchase cards.
10. Companies dedicated to the transport of flows.
11. Providers or concessionaires of postal services carrying out foreign exchange transactions or transfer of different types of currency or ticket.
12. The public scribes.
13. The entities covered by Article 9 of Law 22,315.
14. Customs dispatchers defined in Article 36 and in accordance with the Customs Code (Law 22,415 and Amendments).
15. The agencies of the Public Administration and decentralized and/or self-employed entities that perform regulatory, control, supervision and/or superintendence functions on economic activities and/or legal business and/or on subjects of law, individual or collective: the Central Bank of the Argentine Republic, the Federal Administration of Public Income, the Superintendence of National Insurance, the National Commission of Securities, the General Inspectorate of the National
16. Producers, insurance advisers, agents, intermediaries, insurance experts and liquidators whose activities are governed by Acts 20.091 and 22,400, their amendments, concordant and complementary;
17. Registered professionals whose activities are regulated by professional economic science councils;
18. They are also obliged to report all legal persons who receive donations or contributions from third parties;
19. The registered real estate agents or brokers and societies of any kind that are intended for the real estate brokerage, integrated and/or managed exclusively by registered real estate agents or brokers;
20. Mutual and cooperative associations regulated by laws 20,321 and 20,337 respectively;
21. Human or legal persons whose usual activity is the sale of cars, trucks, motorcycles, bus and micro bus, tractors, agricultural and road machinery, ships, yachts and the like, aircraft and airfields.
22. Human or legal persons acting as trustees, in any type of trustees, and human or legal persons holding or linked, directly or indirectly, with trustees, trustees and trustees under trust contracts.
23. Legal persons performing organizational and regulatory functions of professional sports.
(Article replaced by Article 15 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 20 bis. The duty to report is the legal obligation of the individuals listed in article 20, in their scope, to make available to the Financial Information Unit (FIU) the documentation collected from their clients in compliance with the provisions of article 21 (a) and to bring to the attention of the Financial Information Unit (FIU), the conduct or activities of human or legal persons, through which an asset subject may be suspected of having an operation.
The knowledge of any suspicious act or operation shall impose on such subjects the obligation of the exercise of the activity described above.
The Financial Information Unit (FIU) shall determine the procedure and the opportunity from which the obligation shall comply with the obligation to report under article 20.
In the event that the subject is a regularly constituted legal person, a compliance officer shall be appointed by the governing body, in the circumstances established by the regulation. Its function will be to formalize the submissions to be made within the framework of the obligations established by law and the directives and instructions issued accordingly. However, the responsibility of the duty to report under article 21 is binding and unlimited for the entire membership of the governing body.
In the event that the bound subject is an irregular society, the obligation to report shall fall on any of the members of the same.
In the event that the bound subject is a public body of those listed in article 20, paragraphs 6 and 15, a compliance officer shall be appointed for the purpose of formalizing submissions to be made within the framework of the obligations established by law and the directives and instructions issued accordingly. However, the responsibility for reporting under article 21 rests exclusively with the body ' s owner.
(Article 16 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 21. Persons referred to in the preceding article shall be subject to the following obligations:
a. To collect from your customers, applicants or contributors, documents that prove your identity, legal person, domicile and other data that in each case is stipulated, to perform any type of activity of which they are intended. However, this obligation may be ignored when the amounts are below the minimum established by the respective circular.
Where customers, applicants or contributors act on behalf of third parties, the necessary precautions should be taken to identify the identity of the person by those acting.
All information shall be archived for the term and according to the forms established by the Financial Information Unit;
b. Report any suspicious fact or operation regardless of the amount of it. For the purposes of this Act, suspicious transactions are considered that, in accordance with the customs and customs of the activity concerned, as well as the experience and suitability of persons obliged to report, are unusual, without economic or legal justification or undue or unjustified complexity, are carried out in isolation or repeated form.
The Financial Information Unit shall establish, through objective guidelines, the modalities, opportunities and limits of the fulfilment of this obligation for each category of obligation and type of activity;
c. Refrain from revealing to the client or to third parties the proceedings being carried out in compliance with this law.
In order to prevent the laundering of assets and the financing of terrorism, the subjects bound to those referred to in article 20, paragraphs 1, 2, 4, 5, 8, 9, 10, 11, 13, 16, 20 and 22, whether or not they integrate the same economic group and even if they are entities abroad, provided that they measure the consent of the holder of the data provided for in article 5, paragraph 1, of the Act 25,326 and their rules of change. (Incision replaced by art. 12 of the Act No. 27.446 B.O. 18/06/2018)
ARTICLE 21 bis. For the purposes of article 21 (a) of the present Act, all persons, legal entities, assets of affectation, or other legal structures, and those acting on their own and order, with which a contractual relationship of a financial, economic or commercial nature is established on an occasional or permanent basis.
1. In respect of their clients, the obligatory subjects must comply with the following obligations:
(a) Identify them through the information and, where appropriate, the documentation, which is required in accordance with the rules issued by the Financial Information Unit and which can be obtained from them or from reliable and independent sources, which can reasonably prove the veracity of their content.
The task includes the individualization of the client, the purpose, character or nature of the link established with the obligatory subject, the risk of money laundering and/or the financing of terrorism associated with them and their operation.
In all cases, reasonable measures should be taken from a risk-based approach to identify the owners, final beneficiaries and those who exercise the real control of the legal person, impairment assets or legal structure, along with their ownership and control structure.
Where there are doubts as to whether customers act on their own account, or there is a certainty that they do not act on their own account, they shall take reasonable and proportionate additional measures, through a risk-based approach, in order to obtain information on the true identity of the person on account of which the clients operate.
To that end, they should pay special attention, in order to prevent human persons from using legal structures, such as screen companies or affectation assets, to carry out their operations.
For this reason, reasonable efforts should be made to identify the final beneficiary. Where this is not possible, they shall identify those who make up the organs of administration and control of the legal person; or, failing that, those persons who possess the powers of administration and/or provision, or who exercise the control of the person, legal structure or property of affectation, even if it is indirect.
They should also take specific measures to reduce the risk of asset laundering and the financing of terrorism, when a service and/or product is contracted with customers who have not been physically present for identification; they should complete verification measures in reasonable time, provided that the risks of asset laundering and/or financing of terrorism are effectively administered and are essential for the purpose of not interrupting the normal course of the activity.
In all cases, the risk of the client and of the operator, the implementation of appropriate measures for their mitigation, and the establishment of continuous monitoring and control rules that are proportional to them, taking into account a risk-based approach.
In the case of politically exposed persons, intensified due diligence measures should be taken to establish alerts, to take appropriate measures to detect possible diversions in the client profile, in order to mitigate the risk of asset laundering and/or financing of terrorism associated with the risk inherent to the client and/or its operator;
(b) Determine the origin and bidding of funds;
(c) To retain the information collected in respect of its clients, in a physical or digital manner, for a minimum period of five (5) years; it must be allowed to rebuild transactions carried out, national or international; and to be made available to the Financial Information Unit and/or the competent authorities when required;
(d) Report blisters or suspicious transactions of asset laundering to the Financial Information Unit within a maximum period of fifteen (15) days, counted from the date on which the bound subject concludes that the operation is of such character. The date of the report shall not exceed the hundred and fifty (150) days run counted from the date of the suspicious operation performed or tempted;
(e) Report blisters or suspected terrorism-funding operatives to the Financial Information Unit, within a maximum period of forty-eight (48) hours, from the operation performed or tempted, affording days and hours to the effect.
2. In addition, obligatory subjects shall:
(a) To register with the Financial Information Unit;
(b) Document the procedures for the prevention of asset-laundering and the financing of terrorism, establishing internal manuals that reflect the tasks to be developed, assigning the relevant functional responsibilities, in view of the structure of the bound subject, and taking into account a risk-based approach;
(c) Designate compliance officers, who shall be responsible to the Financial Information Unit for the fulfilment of the obligations established by this norm and for the regulations issued by that unit. Designated persons shall integrate the body of administration of the entity.
In the event that the bound subject is a human person, it will be considered to be such a character.
The obligations set forth in this article shall be subject to regulation.
(Article 13 of the Act No. 27.446 B.O. 18/06/2018)
ARTICLE 22. Officials and employees of the Financial Information Unit are obliged to keep secret of the information received on the basis of their position, as well as of the intelligence tasks carried out accordingly. The same duty to keep secret governs persons and entities required by this law to provide data to the Financial Information Unit.
The official or employee of the Financial Information Unit, as well as the persons who, by themselves or by another, disclose secret information outside the scope of the Financial Information Unit, shall be repressed with imprisonment of six months to three years.
CHAPTER IV
Administrative criminal procedure
ARTICLE 23.
1. It shall be punished with a fine of five (5) to twenty (20) times of the value of the property subject to the offence, the legal person whose enforcement body has collected or provided goods or money, whatever its value, with the knowledge that they shall be used by a member of an illicit terrorist association, within the meaning of article 213 quarrel of the Criminal Code.
When the act had been committed for the serious fear or imprudence of the organ or executor of a legal person or by several organs or enforcers thereof, the fine to the legal person shall be twenty per cent (20%) to sixty per cent (60%) of the value of the property subject to the crime.
2. When the organ or enforcer of a legal person had committed in that character the offence referred to in article 22 of this law, the legal person shall be liable to a fine of fifty thousand pesos ($ 50,000) to five hundred thousand pesos ($ 500,000).
(Article replaced by art. 18 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 24.
1. A person acting as an organ or enforcer of a legal person or a person of visible existence who fails to comply with any of the obligations to the Financial Information Unit (FIU) established by this Act shall be punished by a fine of one (1) to ten (10) times the total value of the assets or operation to which the offence is concerned, provided that the act does not constitute a more serious offence.
2. The same penalty shall apply to the legal person in whose agency the offender shall perform.
3. When the real value of the goods cannot be established, the fine will be ten thousand pesos ($ 10,000) to one hundred thousand pesos ($ 100,000).
4. The action to implement the penalty set out in this article shall prescribe at five (5) years of non-compliance. The same time limit shall apply for the execution of the fine, which is computed from the fact that the act so provides.
5. The computation of the limitation of the action to apply the penalty provided for in this article shall be terminated: by notification of the act which provides for the opening of the summary instruction or by notification of the administrative act which provides for its application.
(Article replaced by Article 19 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 25. The resolutions of the Financial Information Unit provided for in this chapter shall be appealed to the courts in the administrative dispute, with the relevant provisions of Act No. 19,549 of Administrative Procedures.
ARTICLE 26. The relations between the decision of the criminal case and the procedure of the administrative process to which the offences provided for in this law are governed by articles 1101 et seq. and 3982 bis of the Civil Code, by "civil action", the "penal administrative action".
ARTICLE 27. The development of the activities of the Financial Information Unit (FIU) should be funded by the following resources:
a. Contributions determined in the General Budget for Expenditures and Resource Calculation of the National Administration within those assigned to the Ministry of Finance.
b. The resources that under any title receive from public, private, national and international bodies.
In all cases, the proceeds of the sale or administration of the goods or instruments derived from the offences provided for in this law and the confiscations ordered therein, as well as the proceeds obtained unlawfully and the proceeds of the fines imposed accordingly, shall be destined - except as set out in the last paragraph of this article - to a special account of the National Treasury. These funds will be affected to finance the functioning of the Financial Information Unit (FIU), the programmes provided for in article 39 of Act No. 23,737 and its amendments, health and labour training, as provided for in the relevant regulations.
The money and other assets or remedies judicially abducted by the commission of the offences provided for in this Act shall be handed over by the intervening Tribunal to a special fund that shall institute the national executive branch.
The fund may administer the property and dispose of the money as set out above, being responsible for its return to the appropriate person when a firm judicial decision is issued.
The confiscations ordered in cases of the laundering of assets whose preceding illicit is related to the trafficking and exploitation of persons are excluded from the provisions of this article, in which case the forfeiture shall be the specific purpose of the Victims ' Direct Assistance Fund established in article 27, paragraph 2, of Act No. 26,364 and its amendment.
(Article replaced by Article 14 of the Act No. 27.508 B.O. 23/7/2019. Watch: from the day after the date of publication in the Official Gazette)
CHAPTER V
The Public Prosecutor ' s Office
ARTICLE 28. Where federal or national competition is appropriate the Attorney General appointed by the Procurator-General of the Nation shall receive complaints concerning the possible commission of the offences of public action provided for in this law for treatment in accordance with the procedural laws and regulations of the Public Prosecutor ' s Officein the remaining cases, the officials of the appropriate Prosecutor ' s Office shall also act.
Members of the Public Prosecutor ' s Office shall investigate the activities reported or require the relevant jurisdictional activity in accordance with the provisions of the Criminal Procedure Code and the Organic Law of the Public Prosecutor ' s Officeor, where appropriate, that of the respective province.
ARTICLE 29. Article 25 of Act No. 23,737 (ordered text).
ARTICLE 30. The judge who is involved in criminal proceedings for offences under articles 303, 213 ter and 213 quarrel of the Criminal Code may:
(a) Suspend the detention order of one or more persons;
(b) Differ in Argentine territory the interception of money remittances or anti-legal property;
(c) Suspend the abduction of instruments or effects of the crime investigated;
(d) Defer the implementation of other coercive or evidentiary measures.
The intervening judge may also suspend the interception in Argentine territory of remittances of money or property or any other effect linked to the above-mentioned offences and permit their departure from the country, provided that the monitoring of such remittances will be monitored by the judicial authorities of the country of destination.
The resolution providing for the above-mentioned measures should be founded and dictated only in the event that the immediate execution of the measures could compromise the success of the investigation. As long as it is possible, a detail of the assets on which the measure falls should be recorded.
(Article 21 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 31. (Article Derogated by art. 17 of the Act No. 27.304 B.O. 2/11/2016)
ARTICLE 32. The judge who is involved in criminal proceedings for the offences provided for in articles 213 ter, 213 quater and 303 of the Criminal Code may provide for the reservation of the identity of a witness or defendant who has collaborated with the investigation, provided that it is necessary to preserve the safety of the persons appointed. The car must be founded and appropriate the special protection measures deemed necessary.
(Article 23 of the Act No. 26.683 B.O. 21/06/2011)
ARTICLE 33. Anyone who unduly reveals the identity of a witness or of a reserved identity imputed person, in accordance with the provisions of this law, shall be repressed with imprisonment from one (1) to four (4) years and a fine of fifty thousand pesos ($ 50,000), provided that he does not establish a more severely punished offence.
The penalties set out in article 31 sexies of Act No. 23,737 shall be applicable to the official or public employee in the cases of a witness or of an identity charge set forth in this Act, unless it is a more severe offence.
(Article 24 of the Act No. 26.683 B.O. 21/06/2011)
# 25,246 ELJUAN PABLO CAFIERO. _ . Mario L. Pontaquarto.
NOTE: The bold texts were observed. Decree 370/2000Bs. As., 5/5/2000
VISTO Draft Law No. 25,246, sanctioned by the HONORABLE CONGRESS OF NATION on April 13, and
CONSIDERING:
It is considered appropriate to observe article 278 (2) of the Criminal Code, replaced by article 3 of the Draft Law.
That in criminal matters the general rule is the punishment of conduct of a doloss nature, to which, on the other hand, forms of guilty commission are added, depending on the need to properly protect the legal assets concerned.
That the conduct incriminated in article 278 (a) of the Criminal Code appears to be sufficient to protect the interests at stake.
That the extreme complexity that can be assumed by the different operations that constitute the basis of the punishable behaviors makes the application of a culposal offence extremely difficult, since in the case of a type of the so-called "open" it requires the determination by the judge of the precise and concrete duty of care subject to rape, in order to assert the culposal responsibility.
For this reason, the different model regulations and the laws that exhibit greater development of the subject, in general, only contemplate the dolosa type. As for the former, the "model regulation of the Group of Experts on Money Laundering of the Inter-American Commission on Drug Abuse Control (CICAD) of the Organization of American States (AMERICAN States) and the "forty recommendations elaborated by the Financial Action Group" should be included. With regard to the legislation of the countries of the region, it should be noted that, with the exception of the REPUBLIC OF PARAGUAY, that is the modality adopted by the FEDERAL REPUBLIC OF BRAZIL, the CHILE REPUBLIC, the ORIENTAL REPUBLIC OF URUGUAY and the BOLIVIA REPUBLIC.
That the reasons set out above as the basis for the observation do not appear to apply to article 23 (2) of the Bill, even though it also alludes to the fact committed by fear or serious recklessness. This is because of an administrative criminal regime applicable to legal persons, which seems appropriate to achieve the purpose pursued by the rule.
That article 10 of the Bill in its second paragraph provides that the members of the Financial Information Unit shall last four years in office and "a remuneration equal to that of a Magistrate of First Instance".
That reasons of opportunity, merit and convenience advise to observe this last reference, leaving the regulatory authority of the NATIONAL EXECUTIVE PODER to set the relevant remuneration scale.
Moreover, the fourth paragraph of article 10 provides that the Court of Prosecution, which shall be responsible for the procedure for the removal of members of the Financial Information Unit, shall consist of three (3) ex-judge members of the NATIONAL CAMARA OF APPELATIONS IN LO CRIMINAL AND CORRECCIONAL.
That the nature of the cases of removal are not strictly criminal, so it is not understandable to limit the origin of the Magistrates to a single Fuero, since it would not be in any way in the designation of former Federal Civil or Administrative Magistrates, etc.
Article 12 of the Bill provides that the Financial Information Unit shall be supported by liaison officers designated, among other holders, by those of the Ministry of Justice and Human Rights and the General INSPECTION OF JUSTICE.
That the unit mentioned in the last term is an agency belonging to the Ministry of Justice and Human Rights and does not have the character of a decentralized entity, it is not appropriate for the incumbent to appoint a liaison officer.
That article 28 of the Draft Law, referring to the powers of the PUBLICO FISCAL MINISTERY, states: "When it corresponds to the federal or national jurisdiction" the Attorney General appointed by the General PROCURATION OF THE NATION shall receive a complaint about the possible commission of a crime of public action, adding that "in the remaining cases the officials of the corresponding Prosecutor's Ministry shall act in the same way".
Moreover, in the last paragraph of the above-mentioned article, referring to the procedural rules to be applied in the circumstances provided, it states that it shall be acted in accordance with the provisions of the Code of Criminal Procedure of the Nation and the provisions of the Organic Law of the Public Prosecutor's Office, "or, as appropriate, that of the respective province".
That the SUBSTANTIVE COURT of NATIONAL JUSTICE has repeatedly maintained that the CONGRESS OF NATIONAL cannot undermine the constitutional power that the provinces have to legislate on procedures for being an attribution, which in principle is reserved to them by articles 75, paragraph 12 and 121 of the NATIONAL CONSTITUTION.
That the proposed measure does not alter the spirit or unity of the Project sanctioned by the HONORABLE CONGRESS OF NATION.
That the NATIONAL EXECUTIVE PODER has competence for the dictation of the present pursuant to article 80 of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS
RIGHT:
Article 1 . Note article 278 (2) of the Criminal Code, replaced by article 3 of the Bill registered under article 25,246.
Art. 2o Note in article 279, paragraph 2, of the Criminal Code, replaced by article 4 of the Draft Law registered under article 25,246, the phrase that reads: "The cover-up of such an offence shall not be punishable when committed for imprudence, within the meaning of article 278, paragraph 2".
Art. 3o Note in Article 279, paragraph 3, of the Criminal Code, replaced by Article 4 of the Bill registered under Article 25,246, the phrase that reads: "In the case of Article 278, paragraph 2, the penalty shall be one (1) to five (5) years of disqualification."
Art. 4o Note in the second paragraph of Article 10 of the Bill registered under No. 25,246, the phrase "and shall receive a remuneration equivalent to that of a Magistrate's Judge."
Art. 5o Note, in the fourth paragraph of Article 10 of the Bill registered under No. 25,246, the phrase "of the National Criminal and Correctional Appeals Chamber".
Art. 6th Note, in article 12 of the Bill registered under No. 25,246, the phrase "the General Inspectorate of Justice".
Art. 7o Note in article 23, paragraph 2, of the Bill registered under article 25,246 the phrase "in the meaning of article 278, inc. 2) of the Criminal Code".
Art. 8o Note, in article 28 of the Bill registered under No. 25,246, the phrases: "When the federal or national competition is appropriate"; "In the remaining cases, the officials of the corresponding Ministry of Public Prosecutions shall likewise act" and ", or in their case, that of the respective province".
Art. 9th With the salvedades set out in the preceding articles, please fill in, promute and tengase by National Law the Bill registered under No. 25.246
Art. 10. Note the HONORABLE CONGRESS OF NATION.
Art. 11. Contact, post, give to the National Directorate of the Official Register and archvese. . OF THE RUA. Rodolfo H. Terragno. . Federico T. M. Storani. Adalberto Rodríguez Giavarini. . Ricardo R. Gil Lavedra. . Juan J. Llach. . Rosa Graciela C. de Fernández Meijide. . Nicolás V. Gallo. . Héctor J. Lombardo. . Ricardo R. López Murphy. . Mario A. Flamarique. . José L. Machinea.
NOTE: This Law No. 25.246 is reissued, since in the edition of Wednesday, May 10, 2000, due to a technical error in the graphic printing, the text of column 1 - page 2 was reproduced in incomplete form.
(Note Infoleg: By art. 218 of the Act No. 27.440 B.O. 11/5/2018, it is stated that in the text of the present; whenever reference is made to the term "visible person of existence" or "physical person" it must be read "human person" and where it says "Ministry of Economy", "Ministry of Economy and Production" or "Ministry of Public Economy and Finance" it must be read "Ministry of Finance").
Article 21 Bis replaced by art. 164 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;
Article 21 Substituted (c) by art. 163 of Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;
Article 19 replaced by art. 162 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;
Article 4 Subparagraph 13 derogated by art. 161 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;
Article 13 Substituted decision 3 by art. 160 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;
Article 5, expression ìen jurisdiction of the Ministry of Justice and Human Rights of the Nation, replaced by the following expression: ìen jurisdiction of the Ministry of Finance and Public Finance of the Nation, by art. 92 (a) Act No. 27.260 B.O. 22/7/2016. Watch: from the day following the date of publication in the Official Gazette;
- Article 27 (a) replaced by art. 92 (f) Act No. 27.260 B.O. 22/7/2016. Watch: from the day following the date of publication in the Official Gazette;
- Article 27, replaced by art. 20 of the Act No. 26.683 B.O. 21/06/2011;
Article 31 incorporated by art. 22 of the Act No. 26.683 B.O. 21/06/2011;
Article 21 bis incorporated by art. 17 of the Act No. 26.683 B.O. 21/06/2011;
de Article 23, paragraph (2) replaced by article 8 of the Act No. 26,268 B.O. 5/7/2007;
Article 23 (1) replaced by article 8 of the Act No. 26,268 B.O. 5/7/2007;
Article 19 replaced by article 7 of the Act No. 26,268 B.O. 5/7/2007;
Article 14, paragraph 5) replaced by article 6 of the Act No. 26,268 B.O. 5/7/2007;
Article 6 replaced by article 4 of the Act No. 26,268 B.O. 5/7/2007;
Article 12 replaced by art. 1 Act No. 26.119 B.O. 27/7/2006;
Article 9 replaced by art. 1 Act No. 26.119 B.O. 27/7/2006;
, Article 20, last paragraph repealed by Art. 3rd of the Act No. 26.087, B.O. 24/04/2006;
. Article 14, paragraph (1), second paragraph replaced by Art. 1st of the Act No. 26.087, B.O. 24/04/2006;
. Article 14, paragraph (1), third paragraph replaced by Art. 1st of the Act No. 26.087, B.O. 24/04/2006;
Article 19 replaced by Art. 2nd of the Act No. 26.087, B.O. 24/04/2006;
Article 8 replaced by art. 1 Decree No. 1500/2001 B.O. 26/11/2001;
Article 9 (c), replaced by art. 2nd Decree No. 1500/2001 B.O. 26/11/2001;
Article 10 replaced by article 3 Decree No. 1500/2001 B.O. 26/11/2001;
Article 16 replaced by article 4 Decree No. 1500/2001 B.O. 26/11/2001.
