Subscribe to a Global-Regulation Premium Membership Today!

CODIGO ENAL Law 26.268 Modification. Illicit terrorist associations and financing of terrorism. Amendment to Act No. 25,246 on Coverage and Laundering of Assets of Criminal Origin. Sanctioned: June 13 of 2007 Enacted: July 4 of 2007

The Senate and Chamber of Deputies of the Argentine Nation

meeting in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Incorporate as Chapter VI, in Title VIII of the Second Book of the Criminal Code, the following:

Chapter VI. Illicit terrorist associations and financing of terrorism

ARTICLE 2 Incorporate as article 213 ter, in Chapter VI of Title VIII of the Second Book of the Criminal Code, the following:

Article 213 ter.- CINCO (5) imprisonment or imprisonment shall be imposed on VEINTE (20) years for which it takes part in an illicit association whose purpose is, through the commission of crimes, to terrorize the population or to compel a government or an international organization to perform an act or to refrain from doing so, provided that it has the following characteristics:

(a) Have a plan of action for the spread of ethnic, religious or political hatred;

(b) To be organized in international operating networks;

(c) Have weapons of war, explosives, chemical or bacteriological agents or any other suitable means to endanger the lives or integrity of an undetermined number of persons.

For the founders or heads of the association the minimum penalty will be TEN (10) years imprisonment or imprisonment.

Article 3 Incorporate as article 213 quater, in Chapter VI of Title VIII of the Second Book of the Criminal Code, the following:

Article 213 quater.- It shall be repressed with imprisonment or imprisonment from CINCO (5) to QUINCE (15) years, except for a greater penalty for the application of the rules of articles 45 and 48, the one that collects or provides goods or money, knowing that they shall be used, in whole or in part, to finance an illicit terrorist association of those described in article 213 ter, or to a member of them for the commission of any of any of the offences that constitute its own.

ARTICLE 4 Replace Article 6 of Act No. 25,246 with the following:

Article 6o.- The Financial Information Unit will be responsible for the analysis, treatment and transmission of information to prevent and prevent:

1. The offence of money-laundering (art. 278, para. 1, of the Criminal Code) comes from:

(a) Offences related to illicit drug trafficking and marketing (Act No. 23.737);

(b) Arms smuggling offences (Act No. 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 the Public Service (article 174, paragraph 5, of the Criminal Code);

(f) Offences against the Public Administration under 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).

2. The offence of financing terrorism (article 213 of the Criminal Code).

ARTICLE 5o Replace article 13, paragraph 2, of Act No. 25,246 with the following:

2. To establish and direct the analysis of the acts, activities and operations that under this law may set up activities for the laundering of assets or for the financing of terrorism as provided for in Article 6 of this Law and, where appropriate, to make the elements of conviction available to the Public Prosecutor ' s Office for the exercise of the relevant actions.

ARTICLE 6 Replace article 14, paragraph 5, of Act No. 25,246 with the following:

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.

ARTICLE 7 Replace article 19 of Act No. 25,246 with the following:

Article 19.- When the Financial Information Unit has exhausted the analysis of the reported operation and there are sufficient evidence to confirm its suspicious nature of asset laundering or the financing of terrorism in the terms of this Act, this will be communicated to the Public Prosecutor ' s Office for the purpose of establishing whether criminal action is appropriate.

ARTICLE 8 Replace article 23, paragraph 1 and 2, of Act No. 25,246 with the following:

1. It shall be fined from DOS (2) to TEN (10) times the value of the property subject to the crime, the legal person whose organ or executor has applied delictive goods with the possible consequence of attributing to them the appearance of a lawful origin, within the meaning of article 278, paragraph 1, of the Criminal Code. The offence shall be deemed to have been set up when the value limit established by that provision has been exceeded, even if the various particular facts, interlinked together, which together exceeded that limit would have been committed by different individuals, without prior agreement between them, and for that reason could not be subject to criminal prosecution.

It shall be fined from CINCO (5) to VEINTE (20) times the value of the property subject to the offence, the legal person whose organ or enforcer has collected or provided goods or money, whatever its value, with 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;

2. Where any of the facts 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 from the VEINTE BY CIENTO (20%) to the SESENTA BY CIENTO (60%) of the value of the proceeds of the offence.

Article 9 Replace article 1 of Act No. 25,241 with the following:

Article 1 For the purposes of this Act, the criminal actions provided for in article 213 ter of the Criminal Code are considered as terrorist acts.

ARTICLE 10. Contact the Executive.

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

# 26,268

ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.