How [Argentina] defines and punishes Money Laundering

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Process used to disguise the source of money or assets derived from criminal activity

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用于掩饰犯罪活动所得资金或资产来源的程序

República, 2022 estimates - Population 47 m, GDP USD 546 b Peso = 0.0072 USD

Note: Approximate translation

?Law 26.683

?The crime of money laundering has been defined as:

The conversion or transfer of property, knowing that it is derived from a criminal offense, for the purpose of hiding or disguising its illegal provenance or helping anyone involved in the commission of the crime evade the legal consequences of such action

Money laundering is now considered to be any transaction of money or other assets exceeding 300,000 Argentine Pesos (approximately $2700) acquired as a result of criminal activities.

ARTICLE 8 —?Substitute Article 6 of Law 25,246 and its amendments, by the following:

Article 6: The Financial Information Unit (FIU) will be in charge of the analysis, treatment and transmission of information for the purpose of preventing and impeding:

1. The crime of money laundering (article 303 of the Penal Code), preferably from the commission of:

a)?Crimes related to illicit drug trafficking and marketing (Law 23,737);

b)?Crimes of arms smuggling and drug smuggling (Law 22,415);

c)?Offenses related to the activities of a qualified illicit association under the terms of article 210 bis of the Penal Code or of an illicit terrorist association under the terms of article 213 ter of the Penal Code;

d)?Crimes committed by illicit associations (article 210 of the Criminal Code) organized to commit crimes for political or racial purposes;

e)?Crimes of fraud against the public administration (article 174, paragraph 5, of the Penal Code);

f)?Offenses against the Public Administration provided for in chapters VI, VII, IX and IX bis of title XI of the Second Book of the Penal Code;

g)?Crimes of prostitution of minors and child pornography, provided for in articles 125, 125 bis, 127 bis and 128 of the Penal Code;

h)?Terrorist financing offenses (article 213 quater of the Penal Code);

i)?Extortion (article 168 of the Penal Code);

j)?Crimes provided for in Law 24,769;

k)?Human trafficking.

2. The crime of financing terrorism (article 213 quater of the Penal Code).

Law 25.246

Concealment and laundering of assets from criminal sources.

Section 277: 1) It is punishable with prison terms from six (6) months

to three (3) years whoever, after the commission of a crime by another individual, in

which he has not participated:

a) helps someone to avoid investigations by the authority or to elude the latter’s

action.

b) hides, alters or makes trails, evidence or instruments of the crime disappear or aids

the perpetrator or participant to hide, alter or make them disappear.

c) acquires, receives or hides money, things or effects arising from a crime.

d) does not report the commission of a crime or does not identify the perpetrator or

participant in a crime already known, where he would have been obliged to promote

the criminal pursuit of such a crime.

e) makes safe or helps the perpetrator or participant to make safe the product or

benefit of the crime.

2) Both the minimum and maximum terms of punishment shall be doubled when:

a) The illegal act were a particularly serious crime, such as that where the minimum

penalty were higher than three (3) years of imprisonment.

b) The wrongdoer had acted with a view of profit.

c) The wrongdoer habitually commits concealment acts.

The increase in the amount of punishment provided for in this subsection shall be

applied only once, even though more than one of the qualifying circumstances come

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