Financial Crime World

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Argentina’s Compliance Risk Assessment Framework: A Crucial Step Towards Effective Anti-Money Laundering Efforts

Argentina has been grappling with significant anti-money laundering (AML) challenges, including money laundering linked to narcotics trafficking and public corruption. The country has also struggled with illegal funding from both domestic and foreign sources, including proceeds from Venezuela. The Tri-Border Area, shared by Argentina, Brazil, and Paraguay, serves as a major entry point for illicit activities such as trade-based money laundering, counterfeiting, drug trafficking, and more.

International Cooperation

Argentina’s efforts to combat money laundering have been boosted by its active participation in international initiatives. The country is a member of the Financial Action Task Force (FATF) and the Grupo de Acción Financiera de Sudamérica (GAFISUD), a FATF-style regional body dedicated to implementing the 40+9 Recommendations and conducting mutual evaluations of AML and counter-terrorist financing systems among its member nations.

Anti-Money Laundering Law

The cornerstone of Argentina’s AML efforts is Anti-Money Laundering Law No. 25,246, enacted in April 2000. The law defines money laundering as the process of concealing or intensifying the proceeds of a crime after it has been committed. Key provisions include:

  • Amendments to the Penal Code
  • Establishment of the Financial Information Unit (UIF)
  • Stringent regulatory framework for financial institutions

Regulatory Framework

Under the law, all financial organizations under the supervision of the Central Bank, Securities and Exchange Commission, and National Insurance Superintendence are obligated to:

  • Identify customers
  • Maintain records of transactions
  • Report suspicious activities to the UIF
  • Adhere to confidentiality requirements when reporting
  • Forward cases to the Attorney General’s Office if further investigation is warranted

Reporting Requirements

The UIF has issued several resolutions expanding the list of organizations required to report suspicious transactions, including:

  • Tax authorities
  • Customs
  • Banks
  • Currency exchange houses
  • Casinos
  • Securities dealers
  • Insurance companies
  • Postal money transmitters
  • Consultants
  • Public notaries
  • Businesses dealing in art, vintage items, and valuable gems

Regulatory Authorities

Argentina’s regulatory authorities have made significant strides in strengthening its AML and counter-terrorist financing regimes. Key bodies include:

  • Financial Information Unit (UIF)
  • Argentine Central Bank (BCRA)
  • “Comité de Control y Prevención de Lavado de Dinero y Financiamiento del Terrorismo (AML/CFT Committee)”

Progress and Future Directions

Argentina has made significant progress in strengthening its AML and counter-terrorist financing capabilities, with the nation being formally removed from the FATF’s follow-up procedure initiated in 2004. The country continues to work towards ensuring effective anti-money laundering efforts, recognizing the importance of a comprehensive compliance risk assessment framework.