SIMPLIFICATION AND DE-BUREAUCRATIZATION OF THE NATIONAL PUBLIC ADMINISTRATION
Act 27446
Provisions.
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Law:
LAW ON SIMPLIFICATION AND DE-BUREAUCRATIZATION OF THE NATIONAL PUBLIC ADMINISTRATION
CHAPTER I
Digital signature. Electronic documentary management
Article 1.-Articles 4 °, 18, 28, 35 and 36 of Law 25.506.
Article 2-Substitute Article 10 of Law 25.506, by the following:
Article 10: Sender. Presumption. Where an electronic document is signed by an application certificate, it shall be presumed, unless proof to the contrary, that the signed document comes from the person holding the certificate.
Article 3.-Substitute Article 27 of Law 25.506, by the following:
Article 27: Audit system. The implementing authority shall design an audit system to assess the reliability and quality of the systems used, the integrity, confidentiality, reliability and availability of the data, as well as compliance with the data. specifications of the procedures manual and the safety and contingency plans approved by the licensor.
Art. 4.-Substitute Article 29 of Law 25.506, by the following:
Article 29: Application Authority. The application of this law shall be the Ministry of Modernisation.
Article 5.-Substitute Article 30 (b) of Law 25.506, by the following:
b) Establish the technological and operational standards of the digital signature infrastructure.
Article 6.-Substitute Article 34 of Law 25.506, by the following:
Article 34: Hearing body. The General Union of the Nation will carry out the audits provided for in this law.
Article 7-Establishment of electronic electronic documents signed digitally, electronic files, official communications, electronic notifications and the electronic address of the platform for distance and distance processing of electronic documentary management systems used by the national public sector, the provinces, the government of the Autonomous City of Buenos Aires, municipalities, judicial authorities, non-state public entities, state societies, tripartite, binational entities, Central Bank of the Republic of Argentina, administrative procedures and judicial processes, have for the national public sector identical efficacy and probative value as their equivalent on paper paper or any other support that is used to the date of entry into force of the This measure, due to its interoperability which produces its automatic recognition in electronic documentary management systems, is therefore not required to be legalised.
Article 8.-The jurisdictions and entities referred to in Article 8 of Law 24.156 shall formulate, subscribe and transmit the answers to the judicial offices exclusively through the Electronic Document Management System (GDE).
CHAPTER II
Financial Information Unit
Art. 9 °.-Substitute Article 13 (3) of Law 25.246 and its Amending, by the following:
3. To collaborate with the judicial and public prosecutor's organs in the criminal prosecution of the crimes repressed by this law, according to the guidelines that are established in regulation.
Art. 10.-Repeal Article 13 (4) of Law 25.246 and its amendments.
Article 11.-Substitute Article 19 of Law 25.246 and its Amending, by the following:
Article 19: Where the Financial Reporting Unit has exhausted the analysis of the reported operation and sufficient evidence of conviction has emerged to confirm its character as a suspect in the laundering of assets or terrorist financing 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.
Where the reported transaction is linked to facts under investigation in a criminal case, the Financial Reporting Unit may communicate its suspicion directly to the intervener.
Article 12.-Substitute paragraph (c) of Article 21 of Law 25.246 and its amendments, by the following:
(c) to refrain from disclosing to the client or to third parties the actions that are being carried out in compliance with this law.
In order to prevent the laundering of assets and the financing of terrorism, the subjects referred to in points 1, 2, 4, 5, 8, 9, 10, 11, 13, 16, 20 and 22 of Article 20, whether or not they integrate the same economic group in the case of entities abroad, provided that the consent of the holder of the data provided for in point 1 of Article 5 (1) of Law 25.326 and its amending rules is provided for, they may be able to share the files of their clients containing information related to the identification of the same, the origin and the lawfulness of the funds.
Art. 13.-Substitute Article 21a of Law 25.246 and its Modifiers, by the following:
Article 21a: They are considered to be clients, for the purposes of Article 21 (a) of this Law, all human, legal, property of affectation, or other legal structures, and those who act on their behalf and order; with which a contractual relationship of a financial, economic or commercial nature is established, on an occasional or permanent basis.
1. With regard to their clients, the required subjects must complete the following obligations:
(a) Identify them by means of the information, and in their case the documentation, that is required in accordance with the rules that the Financial Information Unit dictates and which can be obtained from them or from reliable and independent sources, that allow with reasonable certainty to prove the veracity of its content.
The task includes the individualization of the client, the purpose, character or nature of the bond established with the subject, the risk of laundering of assets and/or financing of the terrorism associated with them and their operation.
In all cases, they shall take reasonable steps from a risk-based approach to identify owners, final beneficiaries and those who exercise the actual control of the legal person, property of affectation or structure legal framework, together with its ownership and control structure.
Where there are doubts as to whether customers are acting on their own account, or there is a certainty that they are not acting on their own account, they shall take reasonable and proportionate additional measures, by means of a risk-based approach, in order to obtain information on the true identity of the person on behalf of whom the clients are acting.
To this end, they must pay particular attention to the effect of preventing human beings from using legal structures, such as screen companies or affectation assets, to carry out their operations.
They should therefore make reasonable efforts to identify the final beneficiary. Where this is not possible, they shall identify the members of the administrative and control bodies of the legal person; or, failing that, those persons who have the powers of administration and/or provision, or who exercise the powers of the control of the person, legal structure or property of affectation, even if it is indirect.
They shall also take specific measures to reduce the risk of asset laundering and terrorist financing, when a service and/or product is contracted with customers who have not been physically present for their purposes. identification; the verification measures must be completed in a reasonably practical manner, provided that the risks of laundering of assets and/or financing of terrorism are effectively administered and are essential for the purpose of not disrupting the normal course of the activity.
In all cases, the risk of the client and the operation must be determined, appropriate measures implemented for its mitigation, and the establishment of monitoring and continuous monitoring rules that are proportional to these; taking into account a risk-based approach.
When dealing with politically exposed persons, intensified due diligence measures should be taken to establish alerts, to allow for timely action to detect possible deviations in the client profile, to the purpose of mitigating the risk of laundering of assets and/or financing of terrorism linked to the risk inherent in this and/or its operation;
(b) determine the origin and the lawfulness of the funds;
(c) to keep the information collected in respect of its customers, in physical or digital form, for a minimum period of five (5) years; it must allow the reconstructing of the transactions carried out, national or international; and be available to the Financial Reporting Unit and/or the competent authorities where they so require;
(d) Reporting "facts" or "suspicious transactions" for the laundering of assets, to the Financial Reporting Unit, within a maximum period of fifteen (15) days running, from the date on which the obligor concludes that the transaction is such character. The reporting date shall not exceed one hundred and fifty (150) days running from the date of the suspected or attempted operation;
(e) Reporting "facts" or "suspicious operations" of terrorist financing to the Financial Reporting Unit within a maximum of forty-eight (48) hours, starting from the operation carried out or tempted, enabling working days and hours to the effect.
2. The bound subjects shall also:
(a) Register with the Financial Reporting Unit;
(b) Documenting the procedures for the prevention of asset laundering and terrorist financing, establishing internal manuals that reflect the tasks to be carried out, assigning the functional responsibilities that correspond to the the structure of the subject, and taking into account a risk-based approach;
c) Designate compliance officers, who will be accountable to the Financial Reporting Unit for the compliance with the obligations established by this standard and for the regulations that this unit dictates. The designated persons shall integrate the body of the entity.
In the case where the subject is bound to be a human person, it shall be considered as such.
The obligations laid down in this Article shall be subject to regulation.
Art. 14.-Defeat chapters XI, XV, XVI and XX of the decree of necessity and urgency 27/2018 of 10 January 2018.
Art. 15.-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE THIRTY DAYS OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND EIGHTEEN.
-REGISTERED UNDER NO 27446-
MARTA G. MICHELETTI-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi
e. 18/06/2018 N ° 43761/18 v. 18/06/2018
