Page 1

PENAL CODE
Law 26.683
Modification.
Sanctioned: June 1, 2011
Partially Promulgated: June 17, 2011
The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law:
ARTICLE 1 - The name of Chapter XIII, Title XI of the Penal Code is replaced, which will be renamed as follows: "Chapter XIII. Concealment".
SECTION 2 - Repeal article 278 of the Penal Code.
ARTICLE 3 - Replace article 279 of the Penal Code with the following text:
Article 279: ...
1) If the criminal scale provided for the preceding offense is less than that established in the provisions of this chapter, the criminal scale of the preceding offense will be applicable to the case.
2) If the preceding crime is not threatened with imprisonment, a fine of one thousand (1,000) pesos to twenty thousand (20,000) pesos or the criminal scale of the preceding crime, if it is less, will be applied to its concealment.
3) When the perpetrator of the events described in paragraphs 1 or 3 of article 277 was a public official who had committed the act in the exercise or occasion of his functions, he will also suffer a special disqualification penalty from three (3) to ten (10). ) years. The same
Penalty shall be suffered by anyone who has acted in the exercise of a profession or trade that requires special qualification.
4) The provisions of this chapter will govern even when the preceding offense had been committed outside the spatial scope of this Code, as long as the fact that typified it would also have been punished with a penalty in the place of its commission.
ARTICLE 4 - Title XIII is incorporated into the Penal Code, which will be renamed "Crimes against the economic and financial order."
ARTICLE 5 - Renumber articles 303, 304 and 305 of the Penal Code, as articles 306, 307 and 308 respectively and incorporate the following articles into Title XIII of the Penal Code:
Article 303: ...
1) The person who converts, transfers, manages, sells, encumbers, disguises or sells, will be punished with imprisonment from three (3) to ten (10) years and a fine of two (2) to ten (10) times the amount of the transaction. in any other way put into circulation in the market, goods
from a criminal offense, with the possible consequence that the origin of the original assets or the surrogates acquire the appearance of a legal origin, and provided that their value exceeds the sum of three hundred thousand pesos ($ 300,000), whether in a single act or by
reiteration of various events linked to each other.
2) The penalty provided for in paragraph 1 will be increased by one third of the maximum and by half the minimum, in the following cases:
a) When the author performs the act regularly or as a member of an association or band formed for the continued commission of acts of this nature;
b) When the author was a public official who had committed the act in the exercise or occasion of his functions. In this case, he will also suffer a special disqualification penalty of three (3) to ten (10) years. The same penalty shall be suffered by anyone who has acted in the exercise of a
profession or trade that require special qualification.
3) Whoever receives money or other goods from a criminal offense, in order to have them applied in an operation of those provided for in paragraph 1, which gives them the possible appearance of a lawful origin, will be punished with the penalty of imprisonment. from six (6) months to three (3)
years.
4) If the value of the assets does not exceed the amount indicated in paragraph 1, the author will be punished with a prison sentence of six (6) months to three (3) years.
5) The provisions of this article will govern even when the preceding criminal offense had been committed outside the spatial scope of this Code, as long as the fact that typified it would also have been punished with a penalty in the place of its commission.
Article 304: When the criminal acts provided for in the preceding article have been carried out in the name, or with the intervention, or for the benefit of a person of ideal existence, the following sanctions shall be imposed on the entity jointly or alternatively:
1. A fine of two (2) to ten (10) times the value of the goods that are the object of the crime.
2. Total or partial suspension of activities, which in no case may exceed ten (10) years.
3. Suspension to participate in contests or state tenders for public works or services or in any other activity related to the State, which in no case may exceed ten (10) years.
4. Cancellation of legal status when it had been created for the sole purpose of committing the crime, or those acts constitute the main activity of the entity.
5. Loss or suspension of any state benefits you may have.
6. Publication of an extract of the conviction at the expense of the legal person.
To graduate these sanctions, the judges will take into account the breach of internal rules and procedures, the omission of vigilance on the activity of the authors and participants, 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 entity.
When it is essential to maintain the operational continuity of the entity, or of a work, or of a particular service, the sanctions provided for in subsection 2 and subsection 4 shall not be applicable.
Article 305: The judge may adopt sufficient precautionary measures from the beginning of the judicial proceedings to ensure the custody, administration, conservation, execution and disposition of the property or assets that are instruments, product, profit or effects.
related to the crimes set forth in the preceding articles.
In money laundering operations, they will be confiscated definitively, without the need for a criminal conviction, when it has been possible to prove the illegality of their origin, or of the material fact to which they are linked, and the accused cannot be prosecuted for
reason for death, flight, prescription or any other reason for suspension or termination of the criminal action, or when the accused has recognized the origin or illicit use of the goods.
The assets that are confiscated will be used to repair the damage caused to society, to the victims in particular or to the State. Only to fulfill these purposes can the goods be given a specific destination.
Any claim or dispute regarding the origin, nature or ownership of the goods will be made through an administrative or civil restitution action. When the good has been auctioned, only its monetary value can be claimed.
ARTICLE 6 - Incorporate, after the sixth paragraph of Article 23 of the Penal Code, the following:
In the case of the crimes provided for in article 213 ter and quater and in Title XIII of the Second Book of this Code, they will be confiscated definitively, without the need for a criminal conviction, when the illegality of their origin, or of the material fact
to which they are linked, and the accused cannot be prosecuted for reasons of death, escape, prescription or any other reason for suspension or termination of the criminal action, or when the accused has recognized the origin or illicit use of the
goods.
Any claim or dispute regarding the origin, nature or ownership of the goods will be made through an administrative or civil restitution action. When the good has been auctioned, only its monetary value can be claimed.
ARTICLE 7 - Substitute article 5 of Law 25,246 and its amendments, by the following:
Article 5: Create the Financial Information Unit (FIU) that will function with autonomy and financial autarky under the jurisdiction of the Ministry of Justice and Human Rights of the Nation, which will be governed by the provisions of this law.
ARTICLE 8 - Article 6 of Law 25,246 and its amendments shall be replaced by the following:
Article 6: The Financial Information Unit (FIU) will be in charge of the analysis, treatment and transmission of information in order to prevent and prevent:
1. The crime of money laundering (article 303 of the Penal Code), preferably originating from the commission of:
a) Crimes related to illicit drug trafficking and commercialization (Law 23,737);
b) Offenses of arms smuggling and drug smuggling (Law 22,415);
c) Crimes related to the activities of an illicit association classified in the terms of article 210 bis of the Penal Code or of an illicit terrorist association in the terms of article 213 ter of the Penal Code;
d) Crimes committed by illicit associations (Article 210 of the Penal Code) organized to commit crimes for political or racial purposes;
e) Crimes of fraud against the public administration (article 174, paragraph 5, of the Penal Code);
f) Crimes against the Public Administration provided for in Chapters VI, VII, IX and IX bis of Title XI of the Second Book of the Penal Code;
g) Crimes of prostitution of minors and child pornography, provided for in articles 125, 125 bis, 127 bis and 128 of the Penal Code;
h) Terrorist financing offenses (Article 213 quater of the Penal Code);
i) Extortion (article 168 of the Penal Code);
j) Crimes provided for in Law 24,769;
k) Trafficking in persons.
2. The crime of financing terrorism (Article 213 quater of the Penal Code).
ARTICLE 9 - Article 9 of Law 25,246 and its amendments be replaced by the following text:
Article 9: The President and Vice President of the Financial Information Unit (FIU) will be appointed by the national Executive Power, at the proposal of the Ministry of Justice and Human Rights. The selection procedure is established as follows:
a) A public, open and transparent procedure that guarantees the suitability of the candidates will be carried out within the scope of the Ministry of Justice and Human Rights;
b) The name, surname and curricular background of the selected persons will be published in the Official Gazette and in two (2) newspapers of national circulation, for three (3) days;
c) Candidates must submit a sworn statement with the payroll of all their own assets, those of the spouse and / or the partner, those that make up the assets of the conjugal partnership and those of their minor children, in accordance with Article 6 of the Law of
Ethics of the Public Function 25,188 and concordant.
In addition, they must attach another statement in which they will include the payroll of the civil associations and commercial companies that integrate or have integrated in the last eight (8) years, the list of clients or contractors of at least the last eight (8) years , on
the framework of what is allowed by current professional ethics standards, the law, accounting or advisory firms to which they belonged or belong, as appropriate, and in general, any type of commitment that may affect the impartiality of their
criteria for their own activities, their spouse, their ascendants and their descendants in the first degree, this, in order to allow the objective evaluation of the existence of incompatibilities or conflicts of interest;
d) A report on compliance with the tax obligations of those selected will be required from the Federal Administration of Public Revenues (AFIP);
e) A public hearing will be held for the purposes of evaluating the observations provided in accordance with the provisions of the regulations;
f) Citizens, non-governmental organizations, professional associations and associations and academic entities may, within fifteen (15) days from the last publication in the Official Gazette of subsection b) of this article, submit to the
Ministry of Justice and Human Rights, in writing and in a well-founded and documented way, observations regarding the candidates. Without prejudice to the presentations that are made, in the same period an opinion may be requested from relevant organizations in the
professional, judicial and academic field for the purposes of its evaluation;
g) In no more than fifteen (15) days, counted from the expiration of the established term, the public hearing must be held to evaluate the observations presented. Subsequently and within a period of seven (7) days, the Minister of Justice and Rights
Humans will raise the proposal for the consideration of the Executive Power.
ARTICLE 10. - Incorporate as article 9 bis of Law 25,246 and its amendments, the following text:
Article 9 bis: The Executive Power may remove the President and Vice President of the Financial Information Unit (FIU) from their position when they incur in poor performance of their functions or in serious negligence, when they are convicted by the commission of
Delinquent crimes or due to physical or moral disability after their appointment.
ARTICLE 11. - Article 11 of Law 25,246 and its amendments shall be replaced by the following text:
Article 11: To be a member of the Financial Information Unit (FIU), the following will be required:
1) Possess a university degree, preferably in Law, or in disciplines related to Economic Sciences or Computer Sciences.
2) Possess technical and professional background in the matter.
3) Not to exercise simultaneously, nor to have exercised during the year preceding their appointment, the activities that the regulation specifies in each case, nor to have any interest in them.
To be a member of the Advisory Council, three (3) years of seniority will be required in the body that is represented.
ARTICLE 12. - Article 12 of Law 25,246 and its amendments shall be replaced by the following text:
Article 12: The Financial Information Unit (FIU) will have the support of liaison officers appointed by the heads of the Ministry of Justice and Human Rights, the Ministry of Foreign Affairs, International Trade and Worship, the Ministry of the
Interior, of the Ministry of Economy and Public Finance, of the Secretariat of Programming for the Prevention of Drug Addiction and Fight against Drug Trafficking of the Presidency of the Nation, of the Central Bank of the Argentine Republic, of the Federal Administration of
Public Revenues, from the Public Registries of Commerce or similar of the provinces, from the National Securities Commission and from the Superintendency of Insurance of the Nation, from the General Inspection of Justice, from the National Institute of Associativism and Social Economy,
of the Superintendency of Financial and Exchange Entities, of the Real Property Registries, of the National Directorate of the National Registry of Motor Property or similar in the provinces, of the Ministry of National Security and of the forces of
national security.
The liaison officers will have the function of institutional consultation and coordination between the Financial Information Unit (UIF) and the organizations to which they belong. They must be hierarchical officials or directors of the organizations they represent.
The President of the Financial Information Unit (FIU) may request the heads of other public or private organizations to appoint liaison officers when he deems it useful for the exercise of his functions.
ARTICLE 13. - Subsection 1 of Article 13 of Law 25,246 and its amendments is replaced by the following:
1. Receive, request and file the information referred to in article 21 of this law, said data may only be used within the framework of an ongoing investigation.
ARTICLE 14. - Article 14 of Law 25,246 and its amendments shall be replaced by the following:
Article 14: The Financial Information Unit (FIU) will be empowered to:
1. Request reports, documents, antecedents and any other element that it deems useful for the fulfillment of its functions, to any public, national, provincial or municipal body, and to natural or legal persons, public or private, all of whom will be
obliged to provide them within the term set for them, under the warning of law.
Within the framework of the analysis of a suspicious transaction report, the subjects contemplated in article 20 may not oppose the Financial Information Unit (FIU) the bank, fiscal, stock or professional secrecy, nor the legal or contractual commitments of
confidentiality.
2. Receive voluntary statements, which in no case may be anonymous.
3. Require the collaboration of all information services of the State, which are obliged to provide it under the terms of current procedural regulations.
4. Act anywhere in the Republic in compliance with the functions established by this law.
5. Request the Public Ministry so that it requires the competent judge to resolve the suspension, for the period determined by the latter, of the execution of any operation or act previously reported in accordance with subsection b) of article 21 or any other act
linked to these, before their execution, when suspicious activities are investigated and there are serious and serious indications that it is money laundering from any of the crimes provided for in article 6 of this law or financing of the
terrorism. The appeal of this measure can only be granted with reimbursement effect.
6. Request the Public Ministry so that it requires the competent judge to search public or private places, personal search and seize documentation or useful elements for the investigation. Request the Public Ministry to arbitrate all
legal means necessary to obtain information from any source or origin.
7. Provide for the implementation of internal control systems for the persons referred to in article 20. In order to implement the internal control system, the Financial Information Unit (UIF) will establish the supervision procedures,
on-site supervision and inspection to control compliance with the obligations established in article 21 of the law and of the directives and instructions issued pursuant to the powers of article 14, paragraph 10.
The internal control system will depend directly on the President of the Financial Information Unit (UIF), who will order the substantiation of the procedure, which must be in an acted form.
In the case of obliged subjects that have specific control bodies, the latter must provide the Financial Information Unit (FIU) with collaboration within the framework of their competence.
8. Apply the sanctions provided for in chapter IV of this law, and due process must be guaranteed.
9. Organize and manage files and records related to the activity of the Financial Information Unit (FIU) itself or data obtained in the exercise of its functions to retrieve information related to its mission, being able to enter into agreements and
contracts with national, international and foreign organizations to join informational networks of this nature, on condition of necessary and effective reciprocity.
10. Issue directives and instructions that the subjects bound by this law must comply with and implement, after consulting with the specific control bodies. The subjects obliged in paragraphs 6 and 15 of article 20 may dictate procedural rules
complementary to the directives and instructions issued by the Financial Information Unit (FIU), and the scope defined by said directives and instructions cannot be expanded or modified.
ARTICLE 15. - Article 20 of Law 25,246 and its amendments shall be replaced by the following:
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 regime of Law 21,526 and its amendments.
2. Entities subject to the regime of Law 18,924 and amendments and the natural or legal persons authorized by the Central Bank of the Argentine Republic to operate in the sale of foreign currency in the form of money or checks drawn up 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. Individuals or legal entities that exploit games of chance as a habitual activity.
4. Stock brokers and companies, mutual fund manager companies, electronic open market agents, and all those intermediaries in the purchase, rental or loan of securities that operate under the orbit of stock exchanges with
or without adhered markets.
5. Intermediary agents registered in the futures and options markets whatever their purpose.
6. Public trade registries, representative bodies for the supervision and control of legal persons, real estate registries, motor vehicle property registries, pledge registries, boat registries of all kinds and
aircraft records.
7. Natural or legal persons engaged in the sale of works of art, antiques or other luxury goods, philatelic or numismatic investment, or the export, import, manufacture or industrialization of jewelry or goods with precious metals or stones.
8. Insurance companies.
9. Companies that issue traveler's checks or credit or purchase card operators.
10. Companies dedicated to the transport of flows.
11. Companies providing or concessionaires of postal services that carry out operations of money transfers or transfers of different types of currency or banknotes.
12. Public notaries.
13. The entities included in article 9 of Law 22,315.
14. The customs brokers defined in article 36 and concordant of the Customs Code (law 22,415 and amendments).
15. Public Administration bodies and decentralized and / or autarkic entities that exercise regulatory, control, supervision and / or superintendency functions on economic activities and / or legal businesses and / or on legal subjects, individual or
groups: the Central Bank of the Argentine Republic, the Federal Administration of Public Revenues, the Superintendency of Insurance of the Nation, the National Securities Commission, the General Inspection of Justice, the National Institute of Associativism and Economy
Social and the National Court for the Defense of Competition;
16. Producers, insurance advisers, agents, intermediaries, experts and insurance liquidators whose activities are governed by laws 20,091 and 22,400, their amendments, concordant and complementary;
17. Registered professionals whose activities are regulated by the professional councils of economic sciences;
18. Likewise, all legal entities that receive donations or contributions from third parties are obliged to report;
19. Registered real estate agents or brokers and companies of any kind whose purpose is real estate brokerage, integrated and / or managed exclusively by registered real estate agents or brokers;
20. Mutual associations and cooperatives regulated by laws 20,321 and 20,337 respectively;
21. Natural or legal persons whose normal activity is the sale of cars, trucks, motorcycles, buses and micro-buses, tractors, agricultural and road machinery, ships, yachts and the like, aircraft and aerodynamics.
22. Individuals or legal entities that act as trustees, in any type of trust, and individuals or legal entities that are holders of or linked, directly or indirectly, with trust accounts, settlors and trustees by virtue of trust agreements.
escrow.
23. Legal persons that perform functions of organization and regulation of professional sports.
ARTICLE 16. - Incorporate as article 20 bis of Law 25,246 and its amendments, the following:
Article 20 bis: The duty to inform is the legal obligation of the subjects listed in article 20, in their scope of action, to make the documentation collected from their clients available to the Financial Information Unit (UIF) in compliance
of the provisions of article 21 paragraph a) and to bring to the attention of the Financial Information Unit (UIF), the behaviors or activities of natural or legal persons, through which the existence of an atypical situation may be inferred that outside
liable to configure a suspicious event or operation, money laundering or terrorist financing.
Knowledge of any suspicious fact or operation will impose on such subjects the obligation to exercise the activity described above.
The Financial Information Unit (UIF) will determine the procedure and the opportunity from which the obligated parties will comply with it with the duty to report established in article 20.
In the event that the obliged subject is a regularly constituted legal person, a compliance officer must be appointed by the administrative body, in the cases established by the regulations. Its function will be to formalize the
Presentations that must be made within the framework of the obligations established by law and the directives and instructions issued accordingly. Notwithstanding this, the responsibility of the duty to inform in accordance with article 21 is joint and several and unlimited for the
all the members of the administrative body.
In the event that the obliged subject is an irregular company, the obligation to report will fall on any of its partners.
In the event that the obliged subject is a public body listed in paragraphs 6 and 15 of article 20, a compliance officer must be appointed for the purposes of formalizing the presentations that must be made within the framework of the
Obligations established by law and the directives and instructions issued accordingly. Notwithstanding this, the responsibility of the duty to inform according to article 21 corresponds exclusively to the head of the organization.
ARTICLE 17. - Incorporate as article 21 bis of Law 25,246 and its amendments, the following:
Article 21 bis: For the purposes of paragraph a) of Article 21, the definition of client is taken as the definition adopted and suggested by the Inter-American Drug Abuse Control Commission of the Organization of American States (CICAD-OEA). Consequently,
They define as clients all those natural or legal persons with whom a contractual relationship of a financial, economic or commercial nature is established, occasionally or permanently. In this sense, the client is the one who develops once, occasionally or from
usual way, operations with obligated subjects.
The minimum information to be required from clients will include:
a) Natural Persons: full names and surnames; date and place of birth; nationality; sex; civil status; number and type of identity document that must be exhibited in original (national identity document, enrollment book, civic book, identity card
identity, passport); CUIT / CUIL / CDI; address (street, number, town, province and postal code); telephone number and profession, trade, industry, trade, etc. that constitutes its main activity. The same treatment will be given, if any, to the attorney, guardian,
curator, representative or guarantor. In addition, a sworn statement on the origin and legality of the funds, or the corresponding supporting documentation, will be required, as established by the directives issued by the Financial Information Unit (UIF);
b) Legal Persons: company name; date and registration number; tax registration number; date of the contract or deed of incorporation; copy of the updated bylaws, without prejudice to the display of the original; address (street, number,
town, province and postal code); telephone number of the registered office and main activity carried out. Likewise, the identifying data of the authorities, of the legal representative, proxies and / or authorized with the use of signature, that operate with the subject, will be requested.
obligated in the name and representation of the legal person. The same precautions indicated above will be accredited in the cases of associations, foundations and other organizations with or without legal status. In addition, an affidavit of origin will be required.
and legality of the funds, or the corresponding supporting documentation, as established by the directives issued by the Financial Information Unit (UIF);
c) When there are doubts about whether the clients act on their own account or when there is certainty that they are not acting on their own account, the regulated entities shall adopt additional reasonable measures, in order to obtain information on the true identity of the company.
person on whose behalf clients act. Obliged subjects must pay special attention to prevent natural persons from using legal entities as front companies to carry out their operations. Obliged subjects must have
procedures that allow knowing the structure of the company, determining the origin of its funds and identifying the owners, beneficiaries and those who exercise real control of the legal entity. Obliged subjects must adopt specific measures and
adequate to reduce the risk of money laundering and terrorist financing, when the service or products are contracted with clients who have not been physically present for their identification. In the case of politically exposed persons,
special attention should be paid to the transactions carried out by them, which are not related to the declared activity and their profile as a customer;
d) Obliged subjects may establish procedure manuals for the prevention of money laundering and the financing of terrorism, and appoint compliance officers, in the cases and with the scope determined by the directives issued by the Unit of
Financial Information (FIU).
The information collected must be kept for at least five (5) years, and must be registered sufficiently so that it can be reconstructed.
The maximum term to report "facts" or "suspicious operations" of money laundering will be one hundred and fifty (150) calendar days, from the operation carried out or attempted.
The maximum term to report "facts" or "suspicious operations" of terrorist financing will be forty-eight (48) hours, from the operation carried out or attempted, enabling non-working days and hours for this purpose.
ARTICLE 18. - Article 23 of Law 25,246 and its amendments shall be replaced by the following:
Article 23: ...
1. It will be sanctioned with a fine of five (5) to twenty (20) times the value of the goods subject to the crime, the legal person whose executing body has collected or provided goods or money, whatever their value, with knowledge that they will used by some
member of an illicit terrorist association, within the meaning of article 213 quater of the Penal Code.
When the act has been committed due to recklessness or gross negligence of the body or executor of a legal person or by several of its bodies or executors, the fine to the legal person will be from twenty percent (20%) to sixty percent (60%) of the value of
the goods that are the object of the crime.
2. When the body or executor of a legal person has committed the crime referred to in article 22 of this law, the legal person will be liable to a fine of fifty thousand pesos ($ 50,000) to five hundred thousand pesos ($ 500,000).
ARTICLE 19. - Article 24 of Law 25,246 and its amendments shall be replaced by the following:
Article 24: ...
1. The person who, acting as the organ or executor of a legal person or the person of visible existence who fails to comply with any of the obligations before the Financial Information Unit (FIU) created by this law, will be sanctioned with a fine of one (1 ) to
ten (10) times of the total value of the goods or operation to which the offense refers, as long as the act does not constitute a more serious crime.
2. The same sanction will be applicable to the legal person in whose body the offending party will work.
3. When the real value of the goods cannot be established, the fine will be from ten thousand pesos ($ 10,000) to one hundred thousand pesos ($ 100,000).
4. The action to apply the sanction established in this article will prescribe five (5) years after the breach. The same period shall govern for the execution of the fine, computed from the date the act that so provides it is final.
5. The calculation of the prescription of the action to apply the sanction provided for in this article will be interrupted: by the notification of the act that provides for the opening of the summary instruction or by the notification of the administrative act that provides for its application.
ARTICLE 20. - Article 27 of Law 25,246 and its amendments be replaced by the following:
Article 27: The development of the activities of the Financial Information Unit (FIU) must be financed with the following resources:
a) Contributions determined in the General Budget of Expenditures and Calculation of Resources of the National Administration that may not be less than zero point six percent (0.6%) of those assigned to the Ministry of Justice and Human Rights of the Nation;
b) The resources that under any title it receives from public, private, national and international organizations.
In all cases, the proceeds from the sale or administration of the assets or instruments derived from the crimes provided for in this law and from the confiscations ordered as a consequence, as well as the illicitly obtained profits and the proceeds of the
fines that are consequently imposed, will be destined to a special account of the National Treasury. Said funds will be used to finance the operation of the Financial Information Unit (FIU), the programs provided for in article 39 of Law 23,737
and its amending law 24,424, those of health and job training, as established by the pertinent regulations.
The money and other assets or resources judicially seized for the commission of the crimes provided for in this law, will be delivered by the intervening court to a special fund to be established by the national Executive Power.
Said fund may administer the assets and dispose of the money in accordance with the provisions above, being responsible for their return to whoever corresponds when so ordered by a firm judicial resolution.
ARTICLE 21. - Article 30 of Law 25,246 and its amendments be replaced by the following:
Article 30: The magistrate intervening in a criminal proceeding for the crimes set forth in articles 303, 213 ter and 213 quater of the Penal Code may:
a) Suspend the arrest warrant for one or more persons;
b) Defer within Argentine territory the interception of remittances of money or goods of unlawful origin;
c) Suspend the seizure of instruments or effects of the crime under investigation;
d) Defer the execution of other measures of a coercive or probative nature.
The intervening magistrate may, in addition, suspend the interception in Argentine territory of remittances of money or goods or any other effect related to the aforementioned crimes and allow their departure from the country, as long as they are sure that the
surveillance of those will be supervised by the judicial authorities of the country of destination.
The resolution that provides for the aforementioned measures must be founded and issued only in the event that their immediate execution could compromise the success of the investigation. As far as possible, a
detail of the goods on which the measure falls.
ARTICLE 22. - Incorporate as article 31 of Law 25,246 and its amendments:
Article 31: The provisions established in articles 2, 3, 4, 5, 6 and 7 of Law 25,241 will be applicable to the crimes set forth in articles 213 ter, 213 quater and 303 of the Penal Code. The reduction of sentence foreseen will not proceed with respect to the civil servants
public.
In the case of Article 6 of Law 25,241, the penalty will be two (2) to ten (10) years when false indications or inaccurate data are to the detriment of a defendant.
ARTICLE 23. - Incorporate as article 32 of Law 25,246 and its amendments:
Article 32: The magistrate intervening in a criminal process for the crimes provided for in articles 213 ter, 213 quater and 303 of the Penal Code may order the reservation of the identity of a witness or defendant who has collaborated with the investigation, provided that
when it is necessary to preserve the security of those appointed. The order must be founded and record the special protection measures deemed necessary.
ARTICLE 24. - Incorporate as Article 33 of Law 25,246 and its amendments:
Article 33: Anyone who unduly reveals the identity of a witness or a defendant with a reserved identity, in accordance with the provisions of this law, will be punished with imprisonment from one (1) to four (4) years and a fine of pesos fifty thousand ( $ 50,000), provided
when I do not configure a more severely punished crime.
The sanctions established in article 31 sexies of Law 23,737 will be applicable to the public official or employee in the cases of a witness or accused with a reserved identity provided for in this law, as long as it is not a more severe crime.
convicted.
ARTICLE 25. - The Financial Information Unit (FIU) may not constitute itself as a plaintiff in criminal proceedings.
( Note Infoleg: by art. 1 of Decree No. 825/2011 BO 06/21/2011 this article is observed)
ARTICLE 26. - Communicate to the national Executive Power.
GIVEN IN THE MEETING ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ONE DAY IN THE MONTH OF JUNE TWO THOUSAND AND ELEVEN.
- REGISTERED UNDER NO. 26,683 JOSE JB PAMPURO. - EDUARDO A. FELLNER. - Enrique Hidalgo. - Juan H. Estrada.
PENAL CODE
Decree 825/2011
Observe and Promulgate Law No. 26,683.
Bs. As., 06/17/2011
HAVING SEEN Bill No. 26,683 approved by the HONORABLE CONGRESS OF THE NATION on June 1, 2011, and
CONSIDERING:
That the aforementioned Bill introduces modifications to the National Criminal Code and Law No. 25,246 on concealment and laundering of assets of criminal origin.
That article 25 of the Bill provides that the Financial Information Unit (FIU) may not be constituted as a plaintiff in criminal proceedings.
That the fight against money laundering and the financing of terrorism is a priority concern of the National State, since said criminal behaviors constitute a serious risk, not only for the stability of democratic systems and the development of
their economies, but fundamentally for the freedom of citizens. This fight consists largely in the adoption of regulatory measures that make the prevention and repression of these crimes effective in the internal order.
That the (FIU) is the body in charge of the analysis, treatment and transmission of information, in order to prevent and prevent the crime of money laundering from both the commission of various types of crime and the crime of financing terrorism.
That, likewise, it is the competence of the (FIU) to collaborate with the judicial bodies and the Public Ministry, in the criminal prosecution of the aforementioned crimes.
That, consequently, it is deemed necessary for the (UIF) to be empowered to intervene as a plaintiff in the processes in which crimes established by Law No. 25,246 and its amendments are investigated.
That, in due time, by Decree No. 2226 of December 23, 2008, the NATIONAL EXECUTIVE POWER authorized the head of the (FIU) to intervene as a plaintiff in the processes in which the commission of the crimes typified by Law No.
25,246 and its amendments, in the cases that warrant it.
That said decision was adopted in view of the fact that the National State has a significant institutional interest in satisfying the duties arising from the international commitments assumed on the matter, such as the "United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances "—Vienna, December 19, 1988— approved by our country through Law No. 24,072, the" International Agreement for the Suppression of the Financing of Terrorism "—New York, December 9, 1999
- approved by Law No. 26,024 and the "International Convention against Transnational Organized Crime", approved by Law No. 25,632, among others; therefore it is required that, with the utmost respect for the constitutional division of powers, the
NATIONAL EXECUTIVE POWER intervenes in judicial proceedings in which such serious acts are investigated.
That in the judicial sphere, the National State, through the (UIF), assumed the role of plaintiff in order to give impetus to ongoing investigations not only to prosecute those responsible for crimes but also to promote the confiscation of assets illegally
obtained.
That, despite the fact that the recovery of property is a central objective of the criminal action, in a high number of processes the financial aspect of the crime is not investigated nor are there orders for confiscation. For this reason, a complaints area was created in the (FIU), destined
specifically to exploit the powers granted by Decree No. 2226/08 to promote investigations that have already been prosecuted. And both the courts of first instance and those of appeal have appointed the FIU as the plaintiff in different cases. Until 2010, the
(UIF) was only a plaintiff in a case that is being processed before the Federal Justice. To date, the agency fulfills this role in FIVE (5) money laundering proceedings and, at the request of the judges, collaborates in more than SEVENTY (70) criminal proceedings. In some cases, the
The judiciary has requested the participation of the (FIU) in searches and other procedural steps.
That, among the cases in which the (FIU) exercises the role of the complaint, it is worth mentioning:
-Cause Nº 17147/08, "Pallavicino, Jorge Roberto and others on Cover-up". Federal Criminal and Correctional Court No. 12, Secretariat No. 23. The Buenos Aires Federal Chamber admitted the FIU as a plaintiff on September 24, 2009. In the main file
A fraud to the State allegedly committed through the undue payment of almost FIFTY-FOUR MILLION PESOS ($ 54,000,000), made by the MINISTRY OF ECONOMY AND PUBLIC FINANCE, to the group of foreign insurers is investigated
ACCOLADE POOL. There are firm prosecutions for underlying crimes;
-Cause 1322/10, entitled "NN s / cover-up (art. 278 of the CP)", pending before the Federal Criminal and Correctional Court No. 5, Sec. 9. The (UIF) was admitted as a plaintiff on April 30, 2010 and upon request, the
processing and seizure of assets of an entrepreneur, dated December 3, 2010. There are final prosecutions dictated in the main file, which investigates the activities of an illicit association that would have illegally sold drugs to different works
through the DROGUERIA SAN JAVIER and, among others, the companies MULTIPHARMA and CONGRESO SALUD. The organization, which also allegedly tried to defraud the State by obtaining subsidies processed before the Administration of
Special Benefits of the MINISTRY OF HEALTH, used an illegal financial system, which motivates the interest of the (FIU) in the case.
-Cause 1324/10, "NN s / cover-up (art. 278 of the CP)", pending before the Federal Criminal and Correctional Court No. 5, Sec. 9, where, at the request of the (UIF) as complainant , the processing and seizure of assets of a defendant was decreed, with
dated December 17, 2010. The underlying crimes are investigated in the summary detailed in the previous point, referring to Cause 1322/2010.
-Cause No. 1335/10, Investigation of infringement art. 278 of the CP, Federal Court of Campana. There are firm prosecutions in the main file, for the underlying crimes. The actions of an organization dedicated to the clandestine production and trafficking of
chemical precursors. The (UIF) was admitted as a complainant on July 8, 2010, based on the detection of a "financial system at odds with the law", used to launder money generated with the commercialization of prohibited substances.
-Cause No. 1028 "Giacomelli, Adrián Alberto and others, s / inf. Law 25,246", pending before the National Criminal and Federal Correctional Court of Campana, secretariat 2. The (UIF) was admitted as a plaintiff on 3 / 12/2010.
That, on the other hand, the Financial Information Unit decided to intervene as a plaintiff in human trafficking cases, based on the interest in pursuing the route of money produced by human trafficking committed for the purpose of sexual exploitation or with other
motivations. For this purpose, the authorities of the Unit met with the head of the Fiscal Unit for Assistance in Kidnapping, Extortion and Human Trafficking (UFASE), and with the head of the Federal Prosecutor's Office of Oran, in the province of Salta.
That, likewise, the Head of the Financial Information Unit met with the head of the Fiscal Unit for Coordination and Follow-up of Causes of Human Rights Violations committed during State Terrorism, to analyze possible
actions related to the sources of financing of people who are fugitives, accused of crimes against humanity.
Regarding the evolution of the trials, during 2010 a sentence handed down on December 15, 2009 based on Law 25,246 and the amended article 278 of the Penal Code, which punishes Money Laundering, was final. The ruling was handed down by the Oral Court in
Federal Criminal No. 2 of Córdoba, who convicted two men and a woman for considering them responsible for the crime of money laundering of criminal origin, imposing on each one the penalty of two years in suspended prison and a fine of 100,000 pesos. The
Court ordered the confiscation of assets from criminal activity.
That with the same regulations, there was already an alternative penalty in another process and in 2010 other cases were raised to oral and public trial that will be heard by oral courts based in the Autonomous City of Buenos Aires and the province of Corrientes. In the
Salta province and in other jurisdictions, meanwhile, the Prosecutor's Office prepares or has already presented requirements for the elevation to the judgment of other indictments for the crime of money laundering.
That the (UIF), as the coordinating body of the Anti-Money Laundering and Terrorism Financing System (AML / CFT), is currently conducting a survey on criminal investigations of crimes within its competence, existing in
the whole country.
That, in view of what is stated in the preceding considerations, it is convenient to observe article 25 of the sanctioned Bill.
That the proposed measure does not alter the spirit or unity of the Bill sanctioned by the HONORABLE CONGRESS OF THE NATION.
That the NATIONAL EXECUTIVE POWER is empowered to issue the present pursuant to the provisions of article 80 of the NATIONAL CONSTITUTION and in accordance with the provisions of articles 2, 14, 19 and 20 of Law No. 26,122.
Thus,
THE PRESIDENT OF THE ARGENTINE NATION IN GENERAL AGREEMENT OF MINISTERS
DECREE:
Article 1 - Observe Article 25 of the Draft Law registered under No. 26,683.
Art. 2 - With the exception indicated in the preceding article, the Bill registered under No. 26,683 shall be fulfilled, promulgated and upheld by the Law of the Nation.
Art. 3 - Report to the Permanent Bicameral Commission of the HONORABLE CONGRESS OF THE NATION.
Art. 4 - Communicate, publish, give to the NATIONAL ADDRESS OF THE OFFICIAL REGISTRY and file. - FERNANDEZ DE KIRCHNER. - Aníbal D. Fernández. - Aníbal F. Randazzo. - Nilda C. Garre. - Beloved Boudou. - Débora A. Giorgi. - Juliana.
Dominguez. - Julio M. De Vido. - Julio C. Alak. - Carlos A. Tomada. - Alicia M. Kirchner. - Juan L. Manzur. - Alberto E. Sileoni. - José LS Barañao. - Héctor M. Timerman. - Carlos E. Meyer.

