Key Benefits:
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Appropriate the General Agreement for the GOVERNMENT OF THE ARGENTIN REPUBLIC AND THE FINANCIAL ACTION GROUP OF THE SUD AGAINST THE LAW OF ACTIVES .GAFISUD ., signed in Buenos Aires on 3 December 2001, which consists of DIECISIETE (17) articles and UN (1) annex, whose photocopy ARTICLE 2 Contact the national executive branch.DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 26 FEB 2003.
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EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan C. Oyarzún.
GENERAL AGREEMENT OF THE GOVERNMENT OF THE ARGENTIN REPUBLIC AND THE FINANCIAL ACTION GROUP OF THE SUD AGAFISUD
The Government of the Argentine Republic, henceforth "the Government" and the South American Financial Action Group against the Laundering of Assets, henceforth "GAFISUD,
Considering the Constituent Understanding Memorandum of GAFISUD signed in Cartagena de Indias, Colombia, on 8 December 2000.
Bearing in mind the need to establish for GAFISUD and its Secretariat the assurances of an international regional agency that incorporates certain privileges and immunities for its officials and representatives,
Recognizing the need to ensure the existence of all facilities necessary for GAFISUD to perform its functions as set out in the Memorandum of Understanding.
Wishing to conclude an agreement with the objective of regulating issues related to the establishment and operation of GAFISUD in the Argentine Republic,
Article 1
JURIDIC PERSONALITY AND GAFISUD CAPACITY
The Government recognizes the international legal personality of GAFISUD as well as its ability to execute the acts necessary for the fulfilment of its objectives and functions, in particular, to hire; acquire and dispose of movable and immovable properties; and act in justice.
Article 2
LOCAL OF THE SEDE
1.- The GAFISUD Headquarters site is the area described in Annex 1 of this Agreement and any other property to which such character is assigned by supplementary agreements to the present.
2.- The Headquarters premises are inviolable. Law enforcement officials or officials of the Argentine Republic may not enter, or perform acts linked to judicial or administrative proceedings without the consent of the Executive Secretary of the GAFISUD or acting on their behalf. Consent shall be presumed in case of fire or other sinister requiring immediate intervention.
3.- Without prejudice to the provisions of this Agreement, GAFISUD will not allow its premises to be used as a refuge to prevent the detention of persons required by the competent authorities of the Argentine Republic.
Article 3
FREEDOM OF ASSEMBLY
The Government recognizes the right of GAFISUD to convene meetings within Headquarters or, with prior notification to the Government, anywhere else in the country.
Article 4
GAFISUD
1.- The properties and assets of the GAFISUD will enjoy immunity from jurisdiction and enforcement except when GAFISUD expressly renounces the invocation of this immunity in the particular case.
2.- Except as provided in numeral 1, the properties and assets of the GAFISUD may not be subject to requisition, confiscation, expropriation, embargo, abduction or any other form of forcible arrest for executive, administrative or judicial action.
Article 5
EXENTION OF THE PAYMENT OF WHICH AND ADUANER RIGHTS
1.- GAFISUD, its assets and properties, its revenues and operations and transactions, shall be exempt from any direct imposition, and the goods imported or exported by it for official use, as well as its official publications shall be exempt from all customs duties. GAFISUD will not claim the tax exemption for payment for services rendered.
2.- When the purchase of goods or services necessary for the conduct of official activities of the GAFISUD is made by it, or on its behalf, and when the price of such goods or services includes taxes or import duties, the Government shall take the appropriate measures, as far as possible, to exempt the GAFISUD from payment of such taxes or import duties or to provide the necessary measures for its refund.
3.- GAFISUD will be exempt from all prohibitions and restrictions on the import and export of goods for official use or official publications, subject to provisions of international general conventions and health restrictions.
4.- The goods imported or purchased according to the exemptions provided for in this article shall not be sold or otherwise disposed of in the territory of the Argentine Republic, except under the conditions agreed with the Government.
Article 6
FINANCIAL FACILITIES
1.- Without being subject to any kind of financial control, regulation or moratorium of any kind, the GAFISUD can, only for official use:
(a) Buy any currency through authorized channels, retain and dispose of funds, currency, values and gold;
(b) Operate accounts in any currency;
(c) Transfer your funds, values, gold and currency to or from any country, or within the country.
Article 7
COMMUNICATION MEASURES
1.- In order to establish its official communications, GAFISUD will, as long as it is compatible with the international agreements, regulations and conventions to which the Argentine Republic is a party, enjoy the same favourable treatment that the Argentine Republic accords in its territory to international organizations in terms of priorities, fees and taxes applicable to the mail and all forms of telecommunication.
2.- Correspondence or other official GAFISUD communications will not be subject to censorship or any other form of interception or interference with their privacy. Such inviolability will extend, without being limited to what is listed here to publications, photographs, films, recordings of images and sounds or video tape directed to or made by GAFISUD.
3.- GAFISUD will have the right to use codes and keys and to dispatch and receive mail and other materials by mail or in sealed packages, which will receive the same treatment as diplomatic mails and packages.
Article 8
INVIOLABILITY OF ARCHIVES
GAFISUD files will be inviolable at any time and anywhere they are located.
Article 9
FREEDOM OF TRANSITE
1.- Subject to the numbers 2 and 3 below, the Government shall not impose any impediment on the road of transit to or from GAFISUD Headquarters to the following persons:
(a) Representatives of GAFISUD Member States;
(b) GAFISUD officials as well as their spouses and children under the age of eighteen;
(c) Technical advisers and experts in the official affairs of the GAFISUD.
2.- This article will not apply in the case of general transit interruptions.
3.- The Executive Secretary shall inform the Government, sufficiently in advance, of the names of the persons mentioned in paragraph 1 of this article.
4.- When an entry visa is requested for the persons referred to in numeral 1, it will be granted as quickly as possible.
5.- It is understood that the persons referred to in numeral 1 shall not be exempt from the reasonable application of quarantine and other health regulations.
6.- This article will not prevent the competent authorities from requesting, persons claiming the rights granted by this article, from providing sufficient evidence to demonstrate that they are included in numeral 1.
Article 10
PRIVILEGES AND INMUNITIES OF THE
1.- GAFISUD officials will enjoy, in the exercise of their functions in the Argentine Republic, the following privileges and immunities:
(a) Exemption of immigration restrictions, registration of aliens and obligations of national service;
(b) Exemption of the obligation on the work permit, only with respect to its official duties in the GAFISUD;
(c) Exemption of any direct tax on wages and fees paid to them by the GAFISUD;
(d) Right to import free of all customs duties, taxes on purchases, seal taxes and other related payments other than for storage, transport and similar services, their personal effects and those necessary for the installation of your home, including a car for personal use, subject to such importation being made within the period not exceeding six (6) months from the arrival to fulfill your labor duties in the country, or within a period determined by agreement between the Ministry of Foreign Affairs The sale or disposition of the car shall be subject to the same terms and conditions governing the sale or disposition of the motor vehicles of members of international organizations residing in the country;
(e) Immunity with regard to legal proceedings concerning words spoken or written and all acts carried out in their official capacity.
2.- The privileges and immunities described in numerals 1 (a) 1 (b), 1 (c) and 1 (d) of this Article shall not apply to nationals of the Argentine Republic who are GAFISUD officials.
3.- Without prejudice to the provisions of paragraph 1 of this Article, the Executive Secretary of the GAFISUD, resident in the country, as well as his spouse and children under the age of eighteen, shall enjoy the privileges, immunities, exemptions and facilities accorded to the heads of international organizations accredited in the Argentine Republic.
4.- The privileges and immunities granted by this Agreement are not aimed at personally benefiting individuals as such, but are intended to safeguard the independence of GAFISUD officials. Accordingly, the Executive Secretary has the right and duty to suspend or withdraw the immunities of any person entitled to them as stipulated herein, in any case where he considers that immunity may prevent the course of justice, and may be withdrawn without prejudice to the objectives for which immunity was granted. In the case of the Executive Secretary, the Plenum of Representatives will have the power to withdraw its immunity.
5.- In the event that the Executive Secretary of GAFISUD is a citizen of the host country, the privileges and immunities referred to in paragraph 3 of this article shall be subject to the provisions of numeral 2 except the particular conditions that could be agreed between the Government and the GAFISUD.
Article 11
LIST OF FUNCIONARIOS OF THE GAFISUD
The Executive Secretary of the GAFISUD shall notify the Government of the list of persons referred to in article 10 and shall review the list every time as necessary.
Article 12
IDENTIFIFICATION
In order to facilitate the exercise of the rights set out in articles 9 and 10, the Government will provide the GAFISUD officials, their spouses and children under the age of eighteen with an identification card that credits the status.
Article 13
AND IMPLEMENTATION OF THE AGREEMENT
Any dispute that may arise between the Government and the GAFISUD relating to the interpretation or application of this Agreement, which is not resolved through consultation or negotiation, shall, at the request of any of the Parties, be submitted to the decision of an arbitral tribunal composed of three arbitrators, of which each Party shall elect one and the third shall be elected by agreement by the first two designated, in the absence of agreement with respect to the designation of the third arbitrator, the present decision shall be elected by both Parties.
Article 14
PRIVATE CONTROVERSES
In cases of disputes that may arise on contracts, or disputes of a private legal nature in which GAFISUD constitutes a party and which cannot be submitted to national courts, GAFISUD shall take such measures as may be necessary to achieve an appropriate solution.
2.- None of the provisions in this Agreement shall be construed in such a way as to prevent any action that the Government of the Argentine Republic deems appropriate for its security.
Article 15
AMENDMENTS
This Agreement may be amended at the request of either Party and by mutual agreement.
Article 16
TERMINATION OF THE AGREEMENT
This Agreement shall cease to take effect one year after any Party has written to the other Party its decision to terminate the Agreement.
Article 17
IN VIGOR
This Agreement shall have provisional application from the time of signature and shall enter into force when the Government informs the GAFISUD that it has completed all the necessary domestic legal requirements for its entry into force.
Made in Buenos Aires, on December 3, 2001, in two originals in Spanish, both equally authentic.
By the Government of the Argentine Republic
Jorge de la Rúa
Minister of Justice and Human Rights
By the South American Financial Action Group against Asset Washing
Rumulus Gozáles T.
President of GAFISUD
Annex
The location hosted by the GAFISUD Executive Secretariat is located on Calle Moreno 651, Floor 2, of the Autonomous City of Buenos Aires.
The local improvements consist of: carpet moquette all over the surface, vennetian aluminium curtains in all windows and four (4) air conditioning equipment.