ARGENTINA BACKGROUND CHECK

We provide verification services all over Argentina, and these services are not confined only to the workers but they cover different sorts of corporations and individuals also. We deal with various sorts of firms across the world. It is an essential part for any company to go for background screening and checks on its employees before getting them on board.

These days, as there are many cases reported about misrepresenting the facts, the importance of background screening has become more prominent to minimize the risk factors. We saw the dire need of background verification services in Argentina that’s why we started our services and proper and legal status.

Before initiating the screening process, we try to understand the background of that particular company first then chalk out a strategy for its needs. We cover all areas of Argentina particularly the main cities Buenos Aires, Cordoba, Corrientes, La Plata, Mar del Plata, Mendoza, Neuquen, Posadas, Resistencia, Rosario, Salta, San Juan, Santa Fe, Santiago del Estero and Tucuman.

By using our services, you can even maximize the performance of your firm which also includes earning of massive profits. For further queries, you can contact us at info@backcheckgroup.com.

General Information

GDP USD609.89bn (World ranking 24, World Bank 2013)
Population 41 million (World ranking 32, World Bank 2013)
Form of state Republic
Head of government Cristina FERNANDEZ DE KIRCHNER
Next elections October 2015, presidential

CURRENT LOCAL TIME

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PRODUCTS IN ARGENTINA

OUR SERVICES IN ARGENTINA

The financial position of any folk or firm can be obtained through banks. With having reach to the vast network of banks we could clarify any applicant whether he is bankrupt or not.

The final verdict given by the court cannot be undone, which makes this service very important because we ascertain whether there was any case filed in the court against the particular person or corporation.

This is no less important check as one might think. We take it very seriously to have a criminal background screening of any applicant before any company would hire him. Surely no one would like to hire such a person with criminal history or record; that’s why we offer our services of Local Police Check.

What would you do if anything regarding your employee comes out negatively in the media? If media reports negatively about someone – it may not be true wholly – but it raises the doubts and the need for a background check about that particular person.

It is necessary for any applicant to have an immaculate financial past. Our service of Credit Check gives you this favor where you can know about the bankruptcy status, insolvency and Individual Voluntary Arrangements (IVA) about any person.

Data Protection

Argentina

Contribution Details

Marcelo T. de Alvear 814
Buenos Aires - Argentina (C1058AAL)
sebastian felipe cordova-Moyano Oviedo roscoe

Law

Section 43 of the Federal Constitution grants citizens expeditious judicial action to gain access to information about them contained in public and private databases and to demand its amendment, updating, confidentiality, or suppression if it is incorrect.

Personal Data Protection Law Number 25,326 (the “PDPL”), enacted in October 2000, provides much broader protection of personal data closely following Spain’s data protection law. On 30 June 2003, the European Commission recognized that Argentina provides an “adequate” level of protection of personal data, in line with the Data Protection Directive (95/46/EC).

Definition of Personal Data

Personal information or data means “any type of information related to identified or identifiable individuals or legal entities”.

Definition of Sensitive Personal Data

Sensitive information or data means “personal information revealing racial or ethnic origin, political views, religious beliefs, philosophical or moral stands, union affiliations or any information referring to health or sexual life”.

National Data Protection Authority

Argentine Personal Data Protection Agency - in Spanish National Directorate for the Protection of
Personal Data ( "DNPDP"). Sarmiento 1118 - 5th Floor Autonomous City of Buenos Aires (C1041AAX) Argentina

The authority has enforcement power.

Registration

Any public or private database formed for the purpose of providing reports, any private database which is not formed exclusively for personal use, and any database formed for the purpose of transferring personal data must be registered with the DNPDP. The registration must include, at least, the following information:

  • name and address of the data collector;
  • characteristics and purpose of the database;
  • nature of the data included in the database;
  • collection and update methods;
  • individuals or entities to which the data may be transferred;
  • methods for linking the recorded information;
  • methods used to ensure data security, including a detail of the people with access toinformation processing;
  •  time during which the data will be stored; and
  • conditions under which third parties can access to data related to them and the procedures performed to correct or update the data.

Data Protection officers
There is no requirement in Argentina for organizations to appoint a data protection officer. However, a ‘Head of Data Security’ (Responsible de Seguridad ) must be appointed by data controllers to which “medium” or “high” security requirements apply. Its duties are exclusively related to ensuring compliance with database security measures.

Collection and Processing

In general, data controllers may only collect and process personal data with the data subject’s consent. Consent is not required if: (i) the data is collected from a publicly accessible database, in the exercise of government duties, or as a result of a legal obligation, (ii) the database is limited to certain basic information, such as name, ID, tax ID, job, birthdate and address,
(iii) the personal data derives from a scientific or professional contractual relationship and is used only in such context, or (iv) the information is provided by financial institutions, provided that they were required to do so by a court, the Central Bank or a tax authority.

When collecting personal data, the data collector shall expressly and clearly inform data subjects of: (i) the purpose for which the data is being collected, (ii) who may receive the data, (iii) the existence of a database, the identity of the data collector and its mailing address; (iv) the consequences of providing the data, of refusing to do so or of providing inaccurate information; and (v) the data subject’s access, rectification and suppression rights.

In addition, data contained in databases must be truthful, adequate, pertinent, and not excessive, be used exclusively for the purpose for which it was legally obtained and be deleted on completion of that purpose. Incomplete or partially or totally false data must be immediately amended or suppressed.

No person may be required to disclose personal sensitive data. Sensitive personal data may only be collected and processed in cases of public interest, as determined by law. Anonymised sensitive personal data may be collected for statistical or scientific purposes, so long as the data subjects are no longer identifiable.

Data related to criminal history or background may only be collected by public authorities.

Transfer

The European Commission recognized Argentina as providing an adequate level of protection for personal data transferred from the European Community (Commission Decision C (2003)
1731 of 30 June 2003).

Personal data may only be transferred out of Argentina in compliance with legitimate interests of the transferring and receiving parties, and, generally requires the prior consent of the data subject, which may be later revoked.

Consent to the transfer of personal data is not required when (i) the collection of the data did not require consent; (ii) the transfer is made between government agencies in the exercise of their respective duties; (iii) the data relates to health issues, and is used for emergencies,
epidemiological studies or other public health purposes, provided that the identity of the subject is protected; or

(iv) the data have been de-identified such that they may no longer be linked with the corresponding subjects.

The transfer is subject to the same obligations as the transferor, and both parties are jointly and severally liable for any breach of data protection obligations.

Personal data may not be transferred to other countries or international institutions that do not provide an adequate level of protection, unless in cases of judicial or intelligence international cooperation, where Argentina has signed specific treaties with the relevant countries covering this issue, or in case of bank transfers or health issues (provided that the requirements set out above are complied with).

The adequate level of protection requirement may also be met by the parties including in the relevant agreement, data protection provisions similar to those contained in PDPL.

Security

The data collector must take all technical and organisational measures necessary to ensure the security and confidentiality of the personal data, so as to avoid its alteration, loss, or unauthorized access or treatment. Such measures must permit the data collector to detect intentional and unintentional breaches of information, whether the risks arise from human action or the technical means used. It is prohibited to record personal data in databases which do not meet requirements of technical integrity and safety.

The level of security that must be provided varies in relation to the sensitivity of the personal data. Regulations distinguish between three possible levels of data security, based on the nature of the data stored in the database, and provide for minimum security requirements for each category.

Breach Notification

There are no requirements in the PDPL to report data security breaches or losses to the DNPDP or to data subjects. Nevertheless, all data incidents must be recorded by the data controller in a “Security Incidents Ledger.” The DNPDP is entitled to request access to the Security Incidents Ledger when conducting an inspection. Notification may be necessary to mitigate potential violations in the event that the DNPDP starts an investigation and detects a security failure, which constitutes a violation of the data security obligations included in the PDPL.

Enforcement

The DNPDP is responsible for the enforcement of the data protection regime. Either acting ex official or upon a complaint from a data subject, the National Ombudsman or consumer associations, the DNPDP is entitled to start an investigation when it suspects that the PDPL has been infringed. Administrative sanctions include warnings, suspension of the right to maintain a database, the imposition of monetary fines, ranging from AR$1,000 to AR$100,000 (approximately US$200 to US$20,000), or the cancellation of the database. In addition, data subjects may separately recover damages for violations of their data
protection rights. The PDPL also modified the Argentine Criminal Code to include personal data crimes, such as knowingly inserting false information in a database, knowingly providing false information from a database, illegally accessing a restricted database, or revealing information contained in a database that the offender was in charge of keeping confidential. Criminal violations are subject to prison terms ranging from one month up to three years, which may be increased by a 50% if any person suffers damage as a result of the crime.

 Electronic Marketing

The PDPL will apply to most digital marketing activities, as there is likely to be processing and use of personal data involved (e.g. an email address is likely to be “personal data” for the purposes of the PDPL). In all cases, the data subjects are entitled to exercise their access, amendment and deletion rights as provided in the PDPL.

In particular, the DNPDP’s Disposition No. 4/2009 sets forth that (i) all promotional messages shall include the language from the PDPL’s Section 27:3 and the third paragraph of Section 27 of Decree No. 1558/01 – which set forth a data subject’s right to request suppression of their personal information from marketing databases; (ii) all marketing emails not previously requested or consented to by the data subject shall include as their subject the single word “Publicidad” (promotional); and (iii) senders of promotional messages shall ensure that all mechanisms needed to honour the data subject’s requests are in place.

Electronic Privacy (Including Cookies and Location Data)

Argentina has not enacted specific legislation governing online privacy, nor has the PDPL

issued regulations on this point.

Particularly with regard to automatic data collection programs, the current interpretation of most scholars is that information collected by “cookies” or similar programs does not qualify as “personal data” because such information corresponds to a device and not to the user him or herself.

Anti Corruption Laws

(This amendment was enacted on December 10, 1999 by law 25.233.)

Article 1 – Replacing Article 1 of the Law on Ministries (text ordered by Decree No. 438/92), amended by Law No. 24,190, for the following:
“Article 1 – The business office of the Nation will be responsible for the following ministries: – The Interior. – From Foreign Affairs, International Trade and Worship. – Defense. – Of Economics. – Infrastructure and Housing. – From Justice and Human Rights. – In Education. – Work, Employment and Human Resources. – Health. – Social Development and Environment. ”

Article 2 – hereby replaced first paragraph of Article 19 of the Law on Ministries (text ordered by Decree No. 438/92), amended by Law No. 24,190, for the following:
“Article 19 – Compete at the Ministry of Finance to assist the President of the Nation in everything involved in developing economic activities, to promote national economic interests and in particular”.

Article 3 – Incorpóranse as paragraphs 82 and 83 of Article 19 of the Law on Ministries (text ordered by Decree No. 438/92), amended by Law No. 24,190, as follows: 82. – Deal with all matters relating to Small and Medium Enterprises. 83. – Understanding relationships with Banco Hipotecario Sociedad Anónima “.
Article 4 – incorporated as article 19 bis of the Law on Ministries (text ordered by Decree No. 438/92), amended by Law No. 24,190, as follows:

“Article 19 bis. – Compete the Ministry of Infrastructure and Housing to assist the President of the Nation in everything concerned with public works, transportation, communications, housing and water resources and in particular:
1. – Understand in determining the objectives and policies in the area of responsibility;
2. – Implement plans, programs and projects in the area of its competence made under the directions of the National Executive;
3. – Participate in the destination to grant the property tax.

It also granted the powers that ministry under Items 23, 38, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 of Article 19 of the Law on Ministries (text ordered by Decree No. 438/92), as amended by Article 3 of Law No. 24,190, and the paragraphs 44, 45, 46 and 47 of Article 23 of the Law on Ministries (text ordered by Decree No. 438/92). ”

Article 5 – Incorpóranse as paragraphs 18 and 19 of Article 20 of the Law on Ministries (text ordered by Decree No. 438/92), the following:
’18. – Understand the plans, programs and policies concerning the promotion and defense of human rights.
19. – Understand the programs to combat corruption in the Public Sector and to intervene as a plaintiff in proceedings in which it has affected the State’s heritage. ”

Article 6 – hereby replaced first paragraph of Article 21 of the Law on Ministries (text ordered by Decree No. 438/92), by the following:
” Article 21. – Compete at the Ministry of Education to assist the President of the Nation in everything concerned with education and in particular “.

Article 7 – hereby replaced first paragraph of Article 22 of the Law on Ministries (text ordered by Decree No. 438/92), by the following:
” Article 22. – Compete the Ministry of Labour, Employment and Human Resources to assist the President’s Office inherent in all relationships and working conditions, employment promotion, social security and the legal rules governing professional associations workers and employers, and in particular “.

Article 8 – hereby replaced first paragraph of Article 23 of the Law on Ministries (text ordered by Decree No. 438/92), by the following:

” Article 23. – Compete at the Ministry of Health to assist the President of the Nation in everything concerned with the health of the population, in particular: “.

Article 9 – incorporated as article 23 bis of the Law on Ministries (text ordered by Decree No. 438/92), the following:
” Article 23. a – Compete at the Ministry of Social Development and Environment to assist the President of the Nation in everything concerned with the promotion and welfare, family protection, environment, sport and in particular:
1. – Understand in determining the objectives and policies in the area of responsibility;
2. – Implement plans, programs and projects in the area of its competence made under the directions of the National Executive;
3. – Deal with all matters relating to sport and recreational activity in the country, in all its forms;
4. – Understanding in relation to “Grounding Program. ”
We also attach the same Ministry the powers provided in paragraphs 11, 22, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 48, 50 and 51 of Article 23 of the Law on Ministries (text ordered by Decree No. 438/92). ”

Article 10. – Repeals subsection 49 of section 23 of Title V, and Article 28 of Title VII of the Law on Ministries (text ordered by Decree No. 438/92).

Article 11. – For the purposes of this Act remain in effect the provisions of Title VIII of the Law on Ministries (text ordered by Decree No. 438/92), with the exception of Articles 31, 36 and 37 thereof.

Article 12. – Replacing Article 109 of Law 24,156, for the following:
“Article 109. – To be Syndic General’s Office will require a university degree in the field of economics or law and experience in financial management and auditing of not less than eight (8) years. ”

Article 13. – Believe the Anti-Corruption Bureau under the Ministry of Justice and Human Rights, which will be responsible for developing and coordinating programs to combat corruption in the national public sector and, concurrently with the Office of Administrative Research, shall have the powers and duties provided for in Articles 26, 45 and 50 of Law No. 24,946.

Article 14. – incorporated as paragraph 23 of article 16 of the Law on Ministries (text ordered by Decree No. 438/92), the following:
’23. – Understand the registration, accreditation, supervision and technical direction of the events and activities linked to navigation by water. ”

Article 15. – This Act shall become effective on December 10, 1999.

Article 16. – Communicate to the Executive.

DADA IN THE CHAMBER OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE TEN DAYS OF THE YEAR DECEMBER NINETEEN NINETY-NINE.
-REGISTERED UNDER THE NUMBER 25233-
RAFAEL PASCUAL. -Jose Genoud .- .- Mario Guillermo L. Aramburu Pontaquarto.

(It was passed on September 29, 1999, and enacted on October 26, 1999.)

CHAPTER I

Object and Subjects

ARTICLE 1 — This law on ethics in the public service establishes a set of duties, prohibitions, and incompatibilities applicable without exception to all persons who perform public functions at all levels and hierarchies, permanently or temporarily, by popular election, direct appointment, by competition or any other legal means, including all government magistrates, officials, and employees.

Public function means any temporary or permanent, paid or honorary activity, performed by a natural person in the name of the State or in the service of the State or its institutions, at any level of its hierarchy.

CHAPTER II

Duties and Standards of ethical conduct

ARTICLE 2 — All subjects included in this law must comply with all duties and standards of ethical conduct:

a) To strictly comply with and to make others comply with the provisions of the National Constitution, the laws, and regulations that may be passed and to defend the republican and democratic system of government;

b) To perform duties abiding by and respecting the principles and ethical standards established by this law: honesty, probity, rectitude, good faith and republican austerity;

c) To safeguard the interests of the State in all their acts aimed at the satisfaction of general welfare, and consequently granting a privilege to public interest over individual interest;

d) To refrain from receiving any undue personal benefit in connection with the performance, delay or omission of any act inherent to their functions, and to refrain from imposing special conditions which may lead to it;

e) To justify their acts, and to show the greatest transparency in all decisions adopted without restricting information, unless a law or the public interest clearly require that;

f) To protect and preserve the property of the State and to employ its assets only for authorized purposes. To refrain from using the information obtained during the performance of public duties to carry out activities not related to their public functions or allowing the use of such information for the benefit of private interests;

g) To refrain from using the State’s buildings and services for their individual benefit or for the benefit of their relatives, close friends or any other person not linked to the public function, to back up or promote some product, service or business;

h) To comply with the principles of publicity, equity, concurrence and reasonability in public procurements acts;

i) To refrain from participating in any act that may lead to disqualification pursuant to the law of civil procedure;

ARTICLE 3 — All subjects covered by article 1 shall conduct according to public ethics rules during the exercise of their functions as requisite for continuance of their posts. Otherwise, they shall be punished or fired in accordance with the procedures established in the regulations governing their specific office.

CHAPTER III

Regime of Financial Disclosure Statements

ARTICLE 4 — All the persons mentioned in article 5 of this law, must submit a comprehensive financial disclosure statement within thirty business days as from the day of assuming their posts.

Besides, they must annually update the information included in such statement and submit one last statement within thirty business days after the cease in their posts.

ARTICLE 5º — The following persons are obliged to submit the financial disclosure statement:

a) The president and Vice President of the Nation;

b) Senators and representatives of the Nation;

c) Judges of the National Judicial Branch;

d) Magistrates of the Attorney’s General Office of the Nation;

e) The Ombudsman of the Nation and his deputies;

f) The chief of the ministerial cabinet, ministers, secretaries, and deputy secretaries of the Executive Branch;

g) Federal intervener;

h) The general syndic of the Nation, and deputies syndics of the General Office of the Syndic of the Nation, the president and general auditors of the General Auditing Office of the Nation, hierarchical authorities of regulatory entities and the other bodies that belong to the systems of control of the national public sector, and the members of jurisdictional administrative entities;

i) Members of the Magistrates’ Council and the Impeachment Jury;

j) Ambassadors, consuls and officers with a permanent official mission abroad;

k) Active members of the Armed Forces, Argentine Federal Police, National Gendarmerie, Argentine Maritime Authority and the Federal Penitentiary Service, with hierarchy not lower than colonel or an equivalent;

l) Rectors, deans and secretaries of national universities;

m) Officers or employees with a rank or function not lower than that of a director or equivalent, performing functions within the Argentine Public Administration, whether it centralized or decentralized, autarchic entities, banks and financial entities of the official system, social services managed by the State, and staff with similar rank or function, designated at the proposal of the State in partially government-owned corporations, and corporations with participation of the State and other entities within the public sector;

n) Officers collaborating with federal interveners, with a rank or function not lower than that of a director or equivalent;

o) Members of the entities mentioned in subparagraph h) of this article, with a rank not lower that that of a director or equivalent;

p) Any public official or employee entrusted with the granting of administrative authorizations for the performing of any activity, as well as any other public official or employee entrusted with controlling the functioning of said activities or exercising any other control by virtue of the power of police;

q) Officials belonging to entities in charge of controlling privatized public services, with a rank not lower that that of a director;

r) Staff working within the Legislative Branch, with a rank not lower than that of a director;

s) Staff performing services within the Argentine Judiciary and the General Attorney’s Office of the Nation, with a rank not lower than that of a secretary or equivalent;

t) Any public official or employee who forms part of bidding award commissions, or commissions of acquisition or reception of goods, or who participates in the decision-making process of biddings or acquisitions;

u) Any public official in charge of administrating public or private assets, or controlling or supervising public income of whatever nature;

v) Directors and administrators of the entities subject to the external control of the National Congress, in accordance with article 120 of law 24156, in all cases in which the National Commission on Public Ethics so requires;

ARTICLE 6 — The financial disclosure statement shall include a detailed list of all the assets that are inside the country or abroad, owned by the public official, his spouse, assets belonging to the community property, the assets of the person with whom he has a de facto matrimonial relation, the assets of such de facto relation, and the assets of his minor child. The list shall include especially the following items:

a) Real Estate property and the improvements made on such property;

b) Personal property subject to registration;

c) Other personal property, determining their collective value. If any item of such personal property exceeds the amount of five thousand pesos (AR$5000) the item must be individualized;

d) Capital invested in bonds, shares and other securities whether they be marketable or not on the stock Exchange, or in the running of personal or company’s business;

e) Bank deposits amounts, or amounts deposited in other financial entities, whether they be savings or provisional deposits, national or foreign, cash in national or foreign currency. In a closed wax-sealed envelop the official must indicate the name of the bank or the pertinent financial entity and the numbers of checking accounts, saving accounts, security boxes and credit cards and their respective extensions, if any. Such envelop shall be kept confidential and it can only be delivered upon the request of the authority mentioned in article 19 or the judicial authority;

f) Credits and mortgage debts, pledge debts or common debts;

g) Annual income and expenses derived from work under an employment contract or from the exercise of professional or independent activities;

h) Annual income and expenses derived from revenue or social security systems. If the person who must submit the financial disclosure statement is registered under the income tax regime or the regime of personal property not incorporated to the economic process, such official must also present the last presentation submitted before the Tax Authority;

i) In subparagraphs a) b) c) and d) of this article, the official must also include the value and date of acquisition, and the origin of the funds used for such acquisitions.

ARTICLE 7 — Financial disclosure statements shall be deposited with the pertinent authorities which shall send within thirty days, an authenticated copy of the statements to the National Commission on Public Ethics. If the copies are not sent within the established term without a justified cause, it shall be considered a serious misconduct by the official responsible in the area.

ARTICLE 8 — Those who have not submitted their financial disclosure statements within the established term shall be duly notified by the authority in charge of their reception, to submit the statements within fifteen days. Non compliance with such demand shall constitute serious misconduct and shall bring about the application of the pertinent disciplinary punishment notwithstanding the application of other punishments as appropriate.

ARTICLE 9 — Those who have not submitted their financial disclosure statements upon ceasing their posts and within the established term, shall be duly notified to do so within a term of fifteen days.

If the notified Official fails to submit the statement, he may not exercise public functions again, notwithstanding other applicable sanctions that may be imposed against him.

ARTICLE 10. — The list of financial disclosure statements of the persons mentioned in article 5 shall be published within ninety days in the Official Bulletin.

Any person shall, at any time, have access to and obtain a copy of the financial disclosure statements duly submitted before the pertinent authority which has registered and deposited them, prior submission of a written request containing the following: a) First name and last name, identity document number, occupation and address of requesting party; b) First name and last name, identity document number, occupation and address of any other person or entity on whose behalf the statement is requested; c) The purpose of the request and use of the petition; and d) The statement by which the requesting person represents to have knowledge of the provisions set forth by article 11 of this law regarding the unlawful use of the financial disclosure statement and the punishment applicable should the requesting party make an unlawful use of such statement.

All submitted petitions shall be available to the public during the period in which financial disclosures statements are kept.

ARTICLE 11. — The persons who have access to financial disclosure statements by means of the procedure provided by the law must not use them for:

a) Any unlawful purpose;

b) Any commercial purpose, except for the means of communication and news for diffusion to the public in general;

c) determining or establishing credit qualification of any individual; or

d) Effecting, directly or indirectly, a request of money for political, beneficial reasons or otherwise.

Any unlawful use of a financial disclosure statement shall be punished with a fine from five hundred pesos (AR$500) up to ten thousand pesos (AR$10000). The entity empowered to impose this penalty shall exclusively be the National Commission on Public Ethics created under this law. All applicable punishments for violations of any of the provisions set forth by this article may be appealed before first instance courts in federal administrative matters.

The regulations shall establish a procedure for the imposing of punishment ensuring the right of defense of the persons being investigated for the offense established by this article.

CHAPTER IV

Background

ARTICLE 12. — Those officials who do not assume public functions through general election shall include their employment history in the financial disclosure statement solely to facilitate better control over possible conflicts of interest that may arise.

CHAPTER V

Incompatibilities and Conflicts of Interests

ARTICLE 13. — It is incompatible with the exercise of public functions:

a) to direct, manage, represent, represent on trial, advice or, in any way, provide services to whom requests or obtains a concession, benefit or license to operate a public service, or is a State supplier, or performs State regulated activities, whenever the public position has a direct functional jurisdiction with respect to the hiring, obtaining, requesting or control of said concessions, benefits or license;

b) to be a supplier by him/herself or on behalf of third parties in every public agency in which he/she performs public duties

ARTICLE 14. — Those public officials who have had a decisive participation in the planning, development and concretion of privatizations or concessions of companies or public services shall be banned from serving in the entities or regulatory agencies of such companies or services.

ARTICLE 15. — The prohibitions and incompatibilities set forth in the previous articles shall be valid, to all effect, even though the causes for such prohibitions or incompatibilities precede or follow the entrance or exit of the public official, during one year immediately before or after, respectively.

ARTICLE 16. — These incompatibilities shall be applied notwithstanding those already established by the specific regimen of each function.

ARTICLE 17. — If the acts of the persons covered by article 1 fall within the scope of articles 13, 14 and 15, those acts shall be absolutely null notwithstanding the rights of bona fide third parties. If an administrative act is concerned, this shall be absolutely null in accordance with article 14 of law 19549.

Hiring entities or concessionaries shall be held jointly and severally liable for the damage that these acts may cause to the State.

CHAPTER VI

System of gifts to public officials

ARTICLE 18. — Public officials shall not receive gifts, presents or donations, whether they be things, services or goods, owing to or during the exercise of their functions. If the gifts are given by courtesy or by diplomatic custom, the authority of application shall determine how they should be registered and in which cases and how they should be incorporated into the property of the State for health, social action and educational purposes or into the historical-cultural patrimony, if appropriate.

CHAPTER VII

Summary prevention

ARTICLE 19. — In order to investigate alleged unjustified enrichments within the public function and the violations of the duties and the financial disclosure statement regime and incompatibilities set forth by this law, the National Commission on Public Ethics shall conduct a process of summary prevention.

ARTICLE 20. — The investigation may be promoted at the initiative of the Commission, at the request of superior authorities or by complaint.

The regulations shall determine the procedure with due regard to the right of defense.

The person subject to investigation shall be informed of the object of the investigation and shall have a right to produce all the evidence he deems appropriate to exercise his right of defense.

ARTICLE 21. — If during a process of summary prevention the presumption that a crime has been committed arises, the Commission shall present the case before the competent judge or prosecutor and all the evidence and documents that have been collected.

The summary prevention process is not a judicial prerequisite for a criminal prosecution.

ARTICLE 22. — The regulations governing the summary prevention process established in this chapter shall be drafted within ninety days as of the date of publication of this law.

CHAPTER VIII

National Commission on Public Ethics

ARTICLE 23. — Be the National Commission on Public Ethics hereby established within the sphere of the Congress of the Nation, which shall operate as an independent body and have functional independence, to guarantee compliance with the provisions of this law.

ARTICLE 24. — The Commission shall be composed of eleven members, citizens with recognized credentials and public prestige, who may not belong to the body that appoints them and shall serve for four years, with the possibility of being reappointed for one more term.

They shall be appointed in the following manner:

a) One by the Supreme Court of Justice of the Nation;

b) One by the Executive Branch;

c) One by the Attorney General’s Office;

d) Eight citizens selected by joint resolution of both chambers of Congress by two thirds of the members present, two of whom shall be: one recommended by the Ombudsman and the other by the Auditor General.

ARTICLE 25. — The Commission shall perform the following functions:

a) to receive complaints from individuals or legally registered intermediate bodies concerning unethical conduct of government officials or agents. The complaint must be accompanied by documentation and any other evidentiary element that may justify it. The Commission shall send the case to the competent authority taking into account the nature of the case, and may recommend, according to its seriousness, the application of preventive suspension in the post or office and its treatment within a peremptory term;

b) to receive complaints of failure to act by enforcement bodies, in the event of complaints submitted before them, promoting as the case may be the pertinent liability procedures;

c) to draft the Public Ethics Regulations of the National Congress, according to the criteria and the principles set forth by article 2, national precedents on the subject and the contribution of specialized bodies. Said regulations must be presented before the Honorable Congress of the Nation for its approval by joint resolution of both Chambers;

d) to receive from, and when appropriate, demand the entities of application copies of the financial disclosure statements of the officials mentioned in article 5 and keep them for up to ten years as from the day on which they cease in their posts;

e) to guarantee compliance with articles 10 and 11 of this law and to apply the punishments set forth in the latter;

f) to publicly register administrative and judicial penalties imposed for violations of any of the provisions of this law, which shall be communicated to the competent authority;

g) to give advise and nonbinding opinions on the interpretation of situations covered by this law;

h) to recommend to Congress within 120 days after the entry into force of this law, changes in current legislation to guarantee transparency in the State Procurement System and improve the System for Financing of Political Parties and Electoral Campaigns;

i) to design and promote programs for training and dissemination of this law for the staff covered by it;

j) to require cooperation from the various agencies of the National Government, in their sphere of competence, to obtain all necessary information for carrying out its duties;

k) to draft its own regulations and to designate its authorities;

l) to prepare an annual public report on its work, and to ensure its dissemination;

m) to request the people included in article 5 subparagraph v) of this law the submission of the financial disclosure statements whenever it deems it appropriate.

CHAPTER IX

Amendments to the Penal Code

ARTICLE 26. — Be article 23 of the Penal Code replaced by the following:

Article 23: The sentence shall determine the seizure of the goods used to commit the crime and that of the goods and product or profit obtained from the crime for the benefit of the national State, of the provinces or the municipalities, except for the rights of restitution or compensation of the victim and third parties.

If such things endanger public security, the seizure can be ordered even if it affects third parties, except for their right to compensation, if they acted in good faith.

When the active party or the accessories acted as somebody’s agent or as an entity, a member or manager of a legal person and the product or profit has benefited the principal or the legal person, the seizure shall be executed against them.

When the product or profit of the crime gratuitously benefits a third party, the seizure shall be executed against him.

If the seized good has useful or cultural value for any official or public welfare establishment, the national, provincial or municipal authority may order its assignment to such entities. If the good has only a commercial value, the competent authority shall order its sale. The good shall be destroyed when it has no legitimate value whatsoever.

ARTICLE 27. — Be article 29 of the Penal Code replaced by the following:

Article 29: The sentence shall provide for:

1. The restoration of things to the state prior to the crime, whenever possible, ordering restitution and other necessary measures.

2. The compensation for the material damage or emotional distress caused to the victim, his family or a third party, amount which must be prudently fixed by the court when lacking conclusive evidence.

3. The reimbursement of procedural costs.

ARTICLE 28. — Be article 30 of the Penal Code replaced by the following:

Article 30: Compensation debts have priority over all other liabilities incurred by the convict after having committed the crime, over the executing of the seizure of the product or gain produced by the crime, and also priority over the fine. If the assets of the convict are insufficient to cover all his liabilities, they shall be satisfied in the following order:

1. Compensation for damages.

2. Reimbursement of the procedural costs.

3. Seizure of the product or gain produced by the crime.

4. The payment of the fine.

ARTICLE 29. — Be article 67 of the Penal Code replaced by the following:

Article 67: Prescription is suspended in crimes for the judgment of which the prior adjudication of the preliminary or prejudicial matters in another trial is necessary. When the cause of suspension terminates, the prescription continues to run.

Prescription is also suspended in the cases of crimes committed while holding public office, for all of the perpetrators, for the time during which any of them remains holding such office.

For the crimes prescribed in Articles 226 and 227 (b), the prescription will be suspended until the restoration of constitutional order.

Prescription is interrupted by the commission of or trial for another crime.

Prescription runs and is suspended or interrupted, independently for each perpetrator, except for the situation prescribed by the second paragraph of this Article.

ARTICLE 30. — Be the heading of chapter VI title XI of book II of the Penal Code replaced by the following: “Chapter VI: Bribery and Improper Lobbying “.

ARTICLE 31. — Be article 256 of the Penal Code replaced by the following:

Article 256: Any public official who personally or by means of an intermediary, receives Money or any other gift, or directly or indirectly accepts promise of such in order to carry out, delay, or not to do something in relation to his duties, shall be punished with imprisonment or jailing from one to six years and special disqualification for life.

ARTICLE 32. — Be article 256 (b) incorporated into the Penal Code:

Article 256 (b): Anybody who personally or through an intermediary, requests or receives money or any other gifts, or directly or indirectly accepts promise of such in order to make unlawful use of his influence before a public official, with the purpose of having such official do, delay or not do something in relation to his duties, shall be punished with imprisonment or jailing from one to six years and special disqualification for life regarding the exercise of any public office.

If such conduct is intended to make unlawful use of any influence before a magistrate of the Judiciary Branch or the General Attorney’s Office, with the purpose of having such magistrate issue, decree, delay or omit any resolution, sentence or judgment concerning any matter under his jurisdiction, the maximum punishment shall be twelve years.

ARTICLE 33. — Be article 257 of the Penal Code replaced by the following:

Article 257: Any magistrate from the Judiciary Branch or the General Attorney’s Office who personally or through an intermediary, accepts money or any other gift, or directly or indirectly accepts promise of such in order to issue, decree, delay or omit any resolution, sentence or judgment concerning any matter under his jurisdiction, shall be punished with jailing or imprisonment from four to twelve years and total disqualification for life.

ARTICLE 34.— Be article 258 of the Penal Code replaced by the following:

Article 258: Any person who personally or through an intermediary gives or offers any gift for the purpose of obtaining any of the conducts punished by Sections 256 and 256 (b) paragraph 1 shall be punished with jailing from one to six years. If the gift is given or offered with the purpose of obtaining any of the conducts described in Sections 256 (b), second paragraph and 257, the punishment shall be imprisonment or jailing from two to six years. If the perpetrator is a public official, special disqualification from two to six years shall also be imposed in the first case, and from three to ten years in the second case.

ARTICLE 35. — Be article 265 of the Penal Code replaced by the following:

Article 265: Any public official who personally, through an intermediary or by a fictitious act, show san interest, for his own benefit or for the benefit of a third party, in a contract or transaction which by reason of this office he has intervened in, shall be punished with imprisonment or jailing from one to six years and special disqualification for life.

This provision shall also be applied to arbitrators, mediators, experts, accountants, tutors, curators, receivers and liquidators with regard to the duties performed in such capacities.

ARTICLE 36. — Be article 258 (b) incorporated into the Penal Code:

Article 258 (b): Any person who offers or gives a public official from a foreign State or from an international public organization, personally or through an intermediary, money or any object of pecuniary value or other benefits such as gifts, favors, promises or benefits, for his own benefit or for the benefit of a third party, for the purpose of having such official do or not do an act related to his office or to use the influence derived from the office he holds in an economic, financial or commercial transaction, shall be published with imprisonment from one (1) to six (6) years and special disqualification for life in respect of the exercise of any public office

ARTICLE 37. — Be article 266 of the Penal Code replaced by the following:

Article 266: Any public official who by the illegal abuse of his office, unduly requests, demands or forces the payment or delivery, personally or through an intermediary, of any tax, fee or gift, or charges any higher fee than he is authorized, shall be punished with jailing from one to tour years and special disqualification from one to five years.

ARTICLE 38. — Be article 268 (2) of the Penal Code replaced by the following:

Article 268 (2): Punishment with imprisonment or mailing from two to six years, a fine from fifty to one hundred percent of the value of the enrichment and total disqualification for life shall be applied to any person who, upon due request, fails to justify the cause of a considerable net worth enrichment of his own as well as of the intermediary interposed in order to disguise it, which took place after assuming a public office or position and up to two years following the end of its exercise.

Enrichment shall be deemed to occur not only when the net worth has been increased with money, assets or goods, but also when debts have been cancelled or obligations which affected it, cancelled.

The intermediary interposed in order to disguise the enrichment shall suffer the same punishment as the perpetrator.

ARTICLE 39. — Be article 268 (3) incorporated into the Penal Code:

Article 268 (3): Jailing from fifteen days to two years and special disqualification for life shall be applied to any person who, being compelled by reason of his office to present a financial disclosure statement, maliciously fails to do so.

The crime shall be configured when, upon any reliable notice of the respective demand, the required official does not comply with the above mentioned obligation within the time periods set forth by the applicable law.

The same punishment shall be applied to any person who maliciously distorts or fails to insert any facts that the above-mentioned statements must include in accordance with the applicable laws and regulations.

CHAPTER X

Publicity and dissemination

ARTICLE 40. — The National Commission on Public Ethics and the entities of application as appropriate may make the conclusions reached about the commission of an act in violation of public ethics public, by the means they deem appropriate and according to the characteristics of each case and the applicable rules.

ARTICLE 41. — The entities of application shall promote permanent training programs and dissemination programs on the content of this law and its regulations, so that the people involved are duly informed.

The teaching of public ethics shall be included as a specific content in all educational levels.

ARTICLE 42. — Publicity of acts, programs, works, services and campaigns of public entities shall have an educational, informative and social-oriented feature, and the names, symbols or images which may involve the personal promotion of the authorities or public officials cannot be included.

CHAPTER XI

Entry into force and transitory provisions

ARTICLE 43. — The provisions included in Chapters I, II, V, VI, VIII, IX and X of this law shall enter into force on the eighth day after its publication.

The provisions included in Chapters III and IV of this law shall enter into force on the thirtieth day following its publication

The provisions included in Chapter VII shall enter into force on the earlier of: i) the ninetieth day after its publication, ii) the date on which the regulation mentioned in article 22 enters into force.

ARTICLE 44. — Judges, officials and public employees covered by the system of financial disclosure statements set forth in this law, who are in office as of the date on which the system enters into force, must comply with the pertinent submissions within thirty days following effective date.

ARTICLE 45. — Officials and public employees included in the regime of incompatibilities established in this law as of the date of the entry into force of such regime must choose between performing the duties of their respective posts and performing the incompatible activity within thirty days after following the effective date.

(Abstract: Argentina’s penal code is part of the South American country’s national constitution. First enacted in 1853, the constitution has been amended regularly since, including a drastic modernization of code in 1994. The Statute contains 306 articles in all, and from article 248 to article 265 is about anti-corruption.)

Chapter IV -

Abuse authority and violation of the duties of public officials

Art. 248.-shall be punished with imprisonment from one month to two years and disqualification for double time, the public official who may render resolutions or orders contrary to the constitutions or national or provincial laws or implements orders or resolutions of this existing class or no executes laws whose compliance incumbiere him.

Art. 249.-shall be punished with a fine of $ 750 to $ 12,500 and special one month to one year disqualification, the public official who illegally omits, refuses or delays do some act of his office.

(Note: text under Law No. 24,286)

Art. 250. shall be punished with imprisonment from one month to two years and disqualification for double time, the head or member of the police force, which refuses, omits or delays, without just cause, the provision of aid legally required by the competent civil authority.

Art. 251.-shall be punished with imprisonment from one month to four years and disqualification for double time, the public official drive that requires the assistance of the public force against enforcement of provisions or legal orders of authority or judgments or command court.

Art. 252.-shall be punished with a fine of $ 750 to $ 12,500 and special one month to one year disqualification, the public official who, without having been admitted to the resignation of its destination, with damage forsake public service.

(Note: text under laws No. 23,077 and No. 24,286)

Art. 253.-shall be punished with a fine of $ 750 to $ 12,500 and disqualification from six months to two years, the public official should propose or appoints to public office, a person who does not concur with the legal requirements. $ 750 to $ 12,500.

The same penalty will incur a charge which I will accept for which does not have the legal requirements.

(Note: text under Law No. 24,286)

Capítulo V -

Violation of stamps and documents

Art. 254. shall be punished with imprisonment from six months to two years, violating the seals affixed by the authority to ensure the conservation or the identity of a thing.

If the offender is a public official and the fact was committed with abuse of office, also will suffer disqualification for double time.

If the act was committed by carelessness or negligence of a public official, the penalty is a fine of $ 750 to $ 12,500.

(Note: text under Law No. 24,286)

Art. 255.-shall be punished with imprisonment from one month to four years, who removes, conceals, destroys or mutilates objects to be submitted as evidence before the competent authority, records or documents entrusted to the custody of an officer or another person in the interest of public service. If the guilty person is the same depositary also will suffer disqualification for double time.

If the act is committed by carelessness or negligence hundred australes.

(Note: text under Law No. 24,286)

Chapter VI -

Bribery and influence peddling.

(According to Law No. 25,188)

Art. 256. shall be punished with imprisonment or imprisonment of one to six years and disqualification life, the public official who personally or through an intermediary, receives money or any other gift or accepts a direct or indirect promise, to retard or stop doing something about their functions.

(Note: text according to Law No. 25.188)

Art. 256 bis shall be punished with imprisonment or imprisonment of one to six years and perpetual disqualification from holding public function, which by itself or through a person requests or receives money or any other gift or accepts a direct or indirect promise , unduly asserting its influence with a public servant, so that it does, delayed or does not do something about their functions.

If that conduct was intended to assert undue influence before a magistrate of the judiciary or the Public Ministry, in order to obtain the issue, dictation, delay or omission of an opinion, resolution or decision on matters under its competence, the maximum of imprisonment or detention will rise to twelve years.

(Note: text according to Law No. 25.188)

Art. 257. shall be punished with imprisonment or imprisonment of four to twelve years and perpetual disqualification, the judge of the Judiciary or the Public Prosecutor who himself or through an intermediary, receives money or any other gift or accepts a direct promise or indirect to issue, issue, delaying or omitting to give judgment, ruling or opinion on matters under its jurisdiction.

(Note: text according to Law No. 25.188)

Art. 258. shall be punished with imprisonment of one to six years, which directly or indirectly gives or offers bribes in pursuit of some of the behaviors suppressed by the arts. 256 and 256a, para. 1. If the gift is made or offered in order to obtain any of the acts described in the arts. 256a, para. 2 and 257, the penalty shall be imprisonment or imprisonment of two to six years. If the offender is a public official, also he will suffer disqualification of two to six years in the first case and three to ten years in the second.

(Note: text according to Law No. 25.188)

Art. 258 bis shall be punished with imprisonment of one to six years and perpetual disqualification from holding public function, who offers or accords a public official of another State, directly or indirectly, any article of monetary value or other benefits as a gift, favor, promise or advantage, in exchange for the official act or omits to perform an act in the exercise of their public functions, transaction related to an economic or commercial nature.

(Note: text according to Law No. 25.188)

Art. 259.-shall be punished with imprisonment from one month to two years and absolute disqualification from one to six years, the public official who admitiere gifts, which were delivered in consideration of his office, while in the performance of their duties.

Which introduce or offering the gift will be punished with imprisonment from one month to one year.

(Note: text under Law No. 16,648)

Chapter VII -

Misappropriation of public funds

Art. 260.-shall be punished with disqualification from one month to three years, the public official who gives the funds or effects that administers a different application from that to which they would be allocated. If that proves damage or interference with the service to which they would intended, it shall be in addition to the guilty, fined twenty to fifty percent of the amount distracted.

Art. 261.-shall be punished with imprisonment or imprisonment of two to ten years and perpetual absolute disqualification, the public official who removes or assets whose administration or custody perception has been entrusted by virtue of his office.

It shall be punished with the same penalty the official who employs own benefit or that of a third party, works or services paid by public authorities.

(Note: text under Law No. 16,648)

Art. 262.-shall be punished by a fine of twenty to sixty percent of subtracted value, the public official who, by carelessness or negligence or breach of regulations or duties of his office, hath given occasion to another person is effected Subtraction of funds or effects concerned in the preceding article.

Art. 263.-are subject to the provisions above those who administer or guard property belonging to local public education or charity, as well as managers and custodian of funds, kidnapped or deposited by competent authorities, even if they belong to individuals.

(Note: text under Law No. 20,509.)

Art. 264.-shall be punished with disqualification for one to six months, the public official who, having expedited funds unjustifiably will delay an ordinary payment or decreed by competent authority.

The same penalty incurred by the public official, required by the competent authority refuses to deliver a quantity or deposited or placed under custody or administration effect.

Chapter VIII -

Negotiations incompatible with the exercise of public functions

Art. 265. shall be punished with imprisonment or imprisonment of one to six years and disqualification life, the public official who, directly, through an intermediary or simulated act person, it will concern in view of its own benefit or that of a third party, any contract or transaction to intervene because of his position.

This provision shall apply to arbitrators, conciliators, experts, accountants, guardians, curators, executors, trustees and liquidators, regarding the functions performed in the character of such.

(Note: text according to Law No. 25.188)

Police Background Check Procedures

Who can apply?

•  Applicants in the UK. They must authorise someone in Argentina to submit the application on
their behalf. Once the application has been arranged at the Consulate (see below), the applicant
must send the Application and Authorisation, issued by the Consulate, to their nominated
representative by post along with supporting documents identified by the Consulate at the time
of application.

Where?

•  The person in the UK (applicant) must contact the Argentine Consulate in London and requestan appointment to apply for the Application of the Argentine Police Record Certificate via e-mail to clond@mrecic.gov.ar

What must the applicant supply?

•  Valid and original passport
•  Argentine citizens must provide DNI
•  Fingerprints (taken at the Consulate)

What are the costs / turnaround times?

•  Consulate Fee for Police records-Application form including legalization of signature-(£18.30+£36.60)

Contact Details

•  The nominated representative or agent must go to:
"National Registry of Recidivism"
Headquarters (Tucumán1353 CiudadAutónomade Buenos Aires)
Open Mon-Fri-08:00to 16:00
Tel: +0054 (0) 11 4374-5611/12/13
Email:inforeinci@jus.gov.ar
Or any of the offices within the provinces, and submit the Application and Authorisation issued by the Consulate
Once the Criminal Record Certificate is collected from the “Registro Nacional de Reincidencia”, it must be legalised by either the Argentine Foreign Office, if your legal representative or agent is within “Ciudad Autónoma de Buenos Aires,” or otherwise by the nearest Notary Public Association (Colegio de Escribanos) with the Apostille of the Hague Convention.
For further information, please contact the Argentine Consulate by email to clond@mrecic.gov.ar or call on 0207 318 1340 from 09:30 to 13:00.
Further details: http://www.clond.mrecic.gov.ar/en/node/2277

Argentina – Know Your Customer (KYC) Rules

Argentine and international observers express the concern that money laundering related to narcotics trafficking, corruption, contraband, and tax evasion occurs throughout the financial system. It is also believed that most money laundering operations in Argentina are conducted through transactions involving specific offshore centers. The most common money laundering operations in the non-financial sector involve transactions made through attorneys, accountants, corporate structures, and in the real estate sector. The widespread use of cash in the economy also leaves Argentina vulnerable to money laundering. Tax evasion is the predicate crime in the majority of Argentine money laundering investigations.
Argentina has a long history of capital flight and tax evasion, and it is estimated that Argentines hold billions of dollars outside the formal financial system, both offshore and in-country, much of it legitimately earned money that was not taxed. The general vulnerabilities in the system also expose Argentina to a risk of terrorist financing. Despite these risks associated with money laundering and terrorist financing (ML/TF), there have been only two convictions for ML and only five prosecutions are ongoing.
Argentina is a source country for precursor chemicals and a transit country for cocaine produced in Bolivia, Peru, and Colombia, and for marijuana produced in Paraguay. While most of the cocaine transiting Argentina is bound for the European market, virtually all of the marijuana is for domestic or regional consumption, and domestic drug consumption and production have increased. Argentine officials also have identified smuggling, corruption and different types of fraud as major sources of illegal proceeds.
In addition to tax evasion and drugs, a substantial portion of illicit revenue comes from black market peso exchanges or informal value transfers. Informal value transfers occur when unregistered importers, for example, use entities that move U.S. currency in bulk to neighboring countries where it is deposited and wired to U.S. accounts or to offshore destinations. Products from the U.S. are often smuggled into Argentina, or the shipping manifests are changed to disguise the importer and merchandise. The tri-border area (Argentina, Paraguay and Brazil) is considered a major source of smuggling, especially of pirated products. Through the Three Plus One Initiative, the Government of Argentina (GOA) authorities ostensibly cooperate with the two neighboring countries, as well as with the United States, to address security issues in this region; however, this mechanism has been largely ineffective in recent years due to GOA and USG political differences, among other reasons.
The Financial Action Task Force‘s (FATF) third-round mutual evaluation report of Argentina found Argentina partially compliant or non-compliant with 46 of the 49 FATF Recommendations. Argentina is subject to an enhanced follow-up procedure during which Argentina is expected to immediately address deficiencies relating to its criminalization of both money laundering and terrorist financing. Argentina is also publicly identified by the FATF for its strategic AML/CFT deficiencies, which Argentina has developed an action plan to address. The FATF expects Argentina to urgently address these deficiencies, and while some progress has been made, significant AML/CFT deficiencies remain.

 

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably
Foreign PEP: YES
Domestic PEP: YES

Argentina – KYC covered entities

The following is a list of Know Your Customer entities covered by Argentine Law:
Banks
Financial companies
Credit unions
Tax authority
Customs
Currency exchange houses
Casinos
Securities dealers
Insurance companies
Accountants
Notaries public
Dealers in art and antiques
Jewelers
Real estate registries
Money remitters
Postal services

Argentina – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 3,169 in 2010
The following is a list of STR covered entities covered by Argentine Law:
Banks
Financial companies
Credit unions
Tax authority
Customs
Currency exchange houses
Casinos
Securities dealers
Insurance companies
Accountants
Notaries public
Dealers in art and antiques
Jewelers
Real estate registries
Money remitters
Postal services

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: Five (ongoing)
Convictions: Two – in December 2010 and June 2011

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

On June 21, 2011, Argentina passed Law 26683, which amends Law 25246, to modify the criminalization of ML as well as to implement other AML/CFT measures. While the new law addresses a number of important shortcomings, particularly with respect to the criminalization of ML, a large number of other previously identified deficiencies persist. Some of the key features of the June 2011 law include: new measures criminalizing ML as a stand-alone crime; provisions for confiscation of assets without conviction for ML or TF; provisions to allow a judge to suspend an arrest warrant or the seizure of instruments or effects, or postpone the adoption of other restraining or evidentiary measures in the context of a ML/TF investigation; broadening of the predicate offenses which the FIU is authorized to handle and disseminate; removing previous tax secrecy restrictions in the framework of an STR; increasing the entities covered by preventive measures, including mutual associations, cooperatives, and the real state sector; incorporating more detailed customer due diligence (CDD) and record keeping measures; improving record-keeping measures with a requirement that all CDD data be kept for at least five years and properly recorded for reconstruction purposes; and incorporating the FIU‘s role (previously in Decree 1936/2010) to establish supervision, control, and on-site inspection procedures to verify compliance with the law, and guidelines and instructions issued pursuant to the law.
Notwithstanding these improvements, technical deficiencies and challenges still remain in closing legal and regulatory loopholes and improving interagency cooperation. Most significantly, there is a general lack of prosecutions and penalties actually imposed for the offense of ML. Moreover, although financial regulators are empowered to audit and conduct on-site inspections, there are too few trained people with the expertise to carry them out rigorously.
In 2007, Argentina passed Law 26268 which criminalizes terrorist associations and the financing of these associations; however, the law is not in accordance with international standards. In October 2011, the executive branch presented a draft bill to the Congress which aims to modify the existing law to meet internationally accepted standards for countering the financing of terrorism. On December 22, 2011, the law was passed.
In November 2011, the GOA published resolution 388/2011 announcing the creation of a new Financial Intelligence Unit (FIU) within AFIP, the government‘s federal tax agency. The creation of the FIU follows the implementation of a series of comprehensive government measures to monitor and control the FX market and stem capital flight. The new FIU‘s objectives are to monitor foreign currency transactions (FX) and to investigate infractions under the government‘s new foreign exchange restrictions. The resolution also notes that the new FIU will monitor and investigate the trading of stocks, bonds and other assets, as well as monitor all types of bank credit and loan transactions. It is presumed AFIP‘s new FIU will focus primarily on investigating FX transactions in order to reduce capital flight, which has been eroding Central Bank reserves. The FIU also is tasked with investigating criminal transactions related to money laundering and the financing of terrorism (ML/FT), although it is unclear how the new FIU will interface with the already existing Financial Intelligence Unit (UIF) within the Ministry of Justice, which has traditionally been responsible for probing financial crimes.
In 2009, FinCEN suspended information sharing with the UIF after information given to the UIF was leaked to the local press. The UIF and Argentine government are working to reestablish the exchange of data.
To more fully meet international standards, Argentina‘s continuing priorities should be to address its systemic AML/CFT deficiencies, including by: implementing the new ML and TF offenses; establishing and implementing adequate procedures for the confiscation of funds related to money laundering, and identifying and freezing terrorist assets; enhancing financial transparency; ensuring a fully operational and effectively functioning FIU; improving and broadening CDD measures for non-banking and non-foreign exchange sectors, establishing appropriate channels for international co-operation; the effective sanctioning of officials and institutions that fail to comply with the requirements of the law; the pursuit of training programs for all levels of the financial, criminal justice, and judicial systems; and the provision of the necessary resources and incentives to financial regulators and law enforcement authorities to carry out their missions. There is also a need for increased public awareness of the problem of money laundering and its connection to narcotics, corruption, and terrorism.

Privacy Laws & Regulations

The "Data Protection Office of the Slovak Republic" ( Office for Personal Data Protection of the Slovak Republic ) is the authority that oversees and enforces data protection in Slovakia. Slovakia follows the Data Protection Directive 95/46 / EC that was put in place by the European Union.Slovakia has implemented the provisions of the Data Protection Directive through Act No. 428/2002 Coll., The Data Protection Act. These laws protect the way that personal data is collected and handled. It states that individuals should provide consent prior to the collection of data, the unless the law suggests otherwise.

  • Data can only be collected if it is done so for relevant reasons and not in excess;
  • Data that is collected may only be used for the purpose for which is was collected;
  • Data must be up to date and accurate;
  • If the data is found to be inaccurate, it needs to be discarded and replaced with accurate data;
  • Once you are finished with the information collected, and it has fulfilled its purpose, the data must be destroyed;
  • Data that is collected must be stored in a safe location with very limited and relevant access.

Data Protection restrictions are in place for countries within the European Union (EU). They do not allow for the transfer of data to countries outside of the European Union. Due to this restriction, the Safe Harbor was created. When a company becomes Safe Harbor certified, they agree and certify that they will meet the privacy and data protection requirements set forth by the Safe Harbor Directive. Info Cubic is Safe Harbor certified, which allows us to obtain information from the EU.

Risk

Sovereign risk

Argentina’s sovereign risk rating remains CC-rated after a downgrade from CCC in September 2014. Sovereign default in July 2014 followed the government’s failure to secure a settlement with litigant holdout creditors in line with a US court ruling. The government’s commitment to agreeing a deal with holdouts and exiting default is doubtful, adding to concern over its capacity to pay.

Banking sector risk

Currency adjustment and a weak economy heighten the risk of a serious deterioration in asset quality as domestic demand is hit, leaving consumers and businesses less able to service loans. Confidence in banks is weak, given a history of crises, and there is a high risk of a run on deposits.

Political risk

Argentina’s political risk rating remains at CCC. For several years the government has appeared committed to servicing its current external debts in order to avoid the sort of turmoil that followed a major default in 2001. However, it proved unwilling to abide by a US court ruling and instead decided to default on coupon payments owed to exchange bondholders in July 2014.

Economic structure risk

The economic structure risk rating was downgraded to B in January 2015 amid a rise in the public debt/GDP ratio to above 40%. Commodity dependence, high inflation, weak public finances and a lack of access to external finance amplify the economy’s exposure to shocks.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

The crime rate is relatively low, and violent crime against foreigners is rare. However, there have been some reports of robberies and sexual assaults. Petty crime such as pickpocketing and purse snatching occurs, especially at the airport, hotels, public transportation facilities and other areas frequented by tourists. Ensure that your personal belongings, passports and other travel documents are secure at all times. Crimes, including passport theft, should be reported to the local police and the High Commission of Canada.

Transportation

Traffic drives on the left. Traffic regulations are strictly enforced.

Public transportation is widely available and considered safe.

See Transportation Safety in order to verify if national airlines meet safety standards.

Piracy

Pirate attacks and armed robberies occur against ships in and around Singapore, in the Strait of Malacca, and between Riau Province in Indonesia and Singapore. Mariners should take appropriate precautions. For additional information, consult the Live Piracy Report published by the International Maritime Bureau.

Annual Cases

Budget AutonomyNoAnnual Budget of the AgencyUS $ 4.1 MillionPer Capital ExpenditureUS $ 0.10Expeniture as % of the GDP0.001 %Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?YesDoes your country have freedom of information legislation?YesDoes your country have conflict of interest legislation?YesDoes your country have a financial disclosure system to help prevent conflicts of interest?YesWho appoints the head of your agency?The PresidentWho has the authority to remove the head of the ACA?The PresidentIs there any term limit for the head of the ACA?NoDoes your agency measure performance?Yes
Other, please specify
Information Management (More information can be found at http://www.anticorrupcion.gov.ar/gestion.asp).Full access to GovernmentYes

Address Format

Recipient

STREET_NAME HOUSE_NUMBER [FLOOR]
[DEPENDENT_LOCALITY]
POSTAL_CODE LOCALITY
ARGENTINA

Sample

Ernesto Sabato
CALLE CARLOS PELLEGRINI 961 3RD FLOOR
C1009ABS BUENOS AIRES
ARGENTINA

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