Financial Crime World

Financial Crime Prevention Strategies in Argentina: A Guide to Staying Ahead of Criminal Activity

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In today’s global economic landscape marred by financial crime, understanding the specific laws and regulations governing financial crime prevention is crucial for businesses operating in Argentina. From corporate fraud to money laundering, terrorist financing, and breaches of financial sanctions, the country’s financial sector faces an array of threats.

Common Forms of Financial Crime in Argentina

  • Corporate fraud
  • Bribery and corruption
  • Insider dealing and market abuse
  • Money laundering
  • Terrorist financing
  • Breaches of financial/trade sanctions

Regulatory Authorities Responsible for Investigating and Enforcing Financial Crimes

  • Comisión Nacional de Valores (CNV)
  • Superintendencia de Bancos de la Nación Argentina (SBCRA)
  • Ministerio Público Fiscal

Powers of Regulatory Authorities to Investigate and Enforce Financial Crimes

  • Conduct searches
  • Seize documents and evidence
  • Freeze assets
  • Impose fines and penalties on individuals and companies found guilty of financial crime

Key Safeguards for Businesses Operating in Argentina

Establish Strong Internal Controls

  • Implement robust internal controls to prevent financial crimes
  • Ensure adequate supervision and training for employees

Conduct Thorough Due Diligence

  • Verify the identity and reputation of clients and counterparties
  • Assess the risk associated with each transaction or business relationship

Maintain Accurate and Transparent Financial Records

  • Keep accurate and detailed records of all financial transactions
  • Ensure transparency in financial reporting

Implement Robust Anti-Money Laundering (AML) and Combatting the Financing of Terrorism (CFT) Programs

  • Identify and report suspicious transactions
  • Monitor for signs of money laundering or terrorist financing

Establishing Corporate Liability for Financial Crimes

  • Demonstrate a failure to prevent or detect financial crime through:
    • Inadequate internal controls
    • Lack of training or supervision

The Role of Whistleblowers in Preventing Financial Crime

  • Legal protections ensure anonymity and protection from retaliation
  • Encourage employees to report suspicious activities

Managing Exposure to Corruption and Corporate Crime

Conduct Thorough Due Diligence

  • Verify the identity and reputation of clients and counterparties
  • Assess the risk associated with each transaction or business relationship

Establish Strong Internal Controls

  • Implement robust internal controls to prevent financial crimes
  • Ensure adequate supervision and training for employees

Maintain Accurate and Transparent Financial Records

  • Keep accurate and detailed records of all financial transactions
  • Ensure transparency in financial reporting

Implement Robust AML/CFT Programs

  • Identify and report suspicious transactions
  • Monitor for signs of money laundering or terrorist financing