Here is the converted article in Markdown format:
Argentina’s “Long Arm” Doctrine Expands Criminal Courts’ Reach Beyond Borders
Buenos Aires - Argentina has taken a significant step towards strengthening its anti-corruption efforts by expanding the reach of its criminal courts beyond national borders. The Corporate Criminal Liability Act, which came into effect in 2018, introduces provisions that allow Argentine courts to prosecute crimes committed abroad by individuals or entities with connections to Argentina.
The “Long Arm” Doctrine
Under the new law, the Argentine Criminal Code will now apply to actions committed by individuals or entities domiciled in Argentina, even if the crime was committed outside the country. This expansion of jurisdiction is based on the “long arm” doctrine, which allows countries to prosecute crimes that have a sufficient connection to their territory.
Definition of Foreign Officials
The Act has also broadened the definition of foreign officials to include any person from another state or territorial entity recognized by Argentina who is designated or elected to perform a public function. This amendment aims to combat bribery and corruption by ensuring that Argentine courts can hold accountable individuals who abuse their positions for personal gain.
International Cooperation
Argentina’s commitment to international cooperation in criminal matters is further strengthened through its membership in several multilateral, regional, and bilateral treaties that facilitate cooperation with other jurisdictions. The country has also ratified Law 24767 on International Cooperation in Criminal Matters, which sets forth the principle of “wide and prompt” cooperation between authorities.
Reciprocity
The law requires Argentine authorities to cooperate with foreign authorities when judicial assistance is required, subject to the condition of reciprocity. This means that Argentina will only provide assistance if a similar level of cooperation is offered by the requesting country.
Membership in International Networks
Argentina’s efforts to combat corruption are also supported by its membership in international networks of cooperation, such as the Egmont Group and the Financial Action Task Force (FATF). The country has signed several memorandums of understanding (MOUs) with foreign counterparts for the exchange of information and cooperation on anti-money laundering and counter-terrorism financing.
Guidelines for Integrity Programs
In addition to the Corporate Criminal Liability Act, Argentina has also implemented guidelines for designing and implementing integrity programs by legal entities. These guidelines emphasize the importance of carrying out a risk assessment prior to designing an integrity program and highlight the need for programs to be tailored to each entity’s specific risks and needs.
Additional Elements
The guidelines also recommend that financial services providers (FSPs) include additional elements in their integrity programs, such as:
- Training and awareness programs for employees
- Monitoring and reporting systems
- Policies and procedures for managing conflicts of interest
Conclusion
As Argentina continues to strengthen its anti-corruption efforts, it is clear that the country is committed to fighting corruption and protecting the integrity of its financial system. The expansion of its criminal courts’ reach beyond borders and its commitment to international cooperation are significant steps towards achieving this goal.