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TERRORIST FINANCING ALERT: 48-HOUR WINDOW OPENS
A critical 48-hour window has opened, marking the start of an intense operation to combat terrorist financing in Argentina. The country’s financial authorities have launched a targeted campaign to identify and disrupt illegal activities that could potentially fund terrorism.
AML Fines and Penalties: What You Need to Know
Individual and Business Penalties
- Convicted individuals face imprisonment for up to 10 years
- Convicted businesses face fines equivalent to the value of the illegal transaction
- In cases where the transaction amount is less than AR$300,000 (approximately $2,700), the penalty may be reduced
- The maximum fine for failing to comply with anti-money laundering regulations is AR$100,000 (approximately $900)
Authority and Enforcement
- The Financial Information Unit (UIF) has the authority to impose administrative fines
- Courts can impose more severe penalties
Recent Developments
Argentina continues to strengthen its anti-money laundering regulations. The UIF has proposed including cryptocurrency businesses under AML laws, expected to take effect in 2022. With a history of significant progress in developing its AML regulations, Argentina is now considered one of the 39 members of the Financial Action Task Force (FATF).
AML Compliance: What You Need to Know
Purpose and Goals
- Anti-money laundering measures aim to prevent illegal activities from entering the financial system
- Businesses must avoid assisting criminal activity and report suspicious transactions
- The purpose of AML is to stop the reintroduction of illegal funds into the financial system
Transaction Monitoring
- Analyze customer data to identify unusual or unexpected transactions that may indicate money laundering or terrorist financing
- Automated software can simplify this process, but firms must ensure reasonable threshold settings and linked transaction identification
Who’s Required to Have an AML Policy?
- All regulated companies subject to AML regulations are required to have an AML policy in place
- Senior management is responsible for ensuring these policies operate properly
Argentina’s Anti-Money Laundering Efforts
Over the past decade, Argentina has made significant progress in developing its anti-money laundering regulations. The country has addressed deficiencies in its financial system and widened the scope of regulated businesses. This effort has resulted in a lower risk score from 6.74 in 2016 to 5.03 in 2021.
The Law 25.246: A Key Framework
Law 25.246, enacted in April 2000, provides detailed definitions of money laundering and auxiliary crimes. It also created the Financial Information Unit (UIF) and established a stricter regulatory framework for the financial sector.
Obligated Subjects Under Article 20 of Law 25.246
List of Regulated Businesses
- Financial institutions
- Exchange offices
- Natural and legal persons engaged in games of chance
- Stockbrokers
- Insurance companies
- More…
As the 48-hour window opens, Argentina’s financial authorities urge businesses to ensure compliance with AML regulations to prevent terrorist financing. Failure to comply can result in severe penalties, including imprisonment and fines.