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Candela Perri

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Candela Perri is an Associate in Baker McKenzie Buenos Aires office.

On 14 March, the amendments to the Law on the Prevention of Money Laundering and Financing of Terrorism (Law 27,739) were approved. They implement changes and updates to adjust local regulations to international standards and the recommendations of the Financial Action Task Force (GAFI).
Argentina is currently undergoing a GAFI/GAFILAT review and evaluation process. In that sense, Law 27,739 was promoted by the Financial Information Unit (UIF) to introduce more tools to combat organized crime, promote compliance with obligations of the private sector and address key aspects that emerged from the GAFI/GAFILAT mutual evaluation.

By means of Resolution PGN No. 92/23, acting Attorney General Eduardo Casal established performance criteria for representatives of the Prosecutor’s Office (PO) to set the performance standards of the PO in conciliatory proceedings between the accused and the victims of crimes in criminal cases.

The Resolution establishes that: (1) the intervention of the PO in the process corresponding to the conciliation agreement is necessary to ensure legality and to ensure the interests of society; (2) the prosecutor shall oppose any conciliation agreement that disregards normative and international regulatory mandates (treaties and supranational conventions); (3) prosecutors may argue criminal policy reasons (prior convictions, previous agreements, probation or multiplicity of crimes) to oppose and/or not consent to the agreement; (4) representatives of the PO must ensure the agile and informal participation of victims; and (5) conciliation agreements may be entered into before the indictment control hearing, closing of the investigation, and/or the elevation to trial.

Pursuant to Resolution MPF-SI No. 8/22, dated 27 December 2022, the district attorney of the Prosecutor’s Office (MPF) of the province of Buenos Aires created the Specialized Prosecutor Unit for the Investigation of Cybercrime (UFECI), which will have jurisdiction throughout the judicial department of San Isidro (composed of the localities of Pilar, San Fernando, San Isidro, Tigre and Vicente López). The UFECI was created to address, in a more efficient and successful way, investigations related to highly complex criminal maneuvers.

On 25 April 2022, the Anti-Corruption Office approved the System for Monitoring Private and Public Activities Before and After the Exercise of Public Function, with the purpose of collating and verifying compliance with public ethics regulations of individuals who enter and leave high-ranking public positions in the National Executive Branch.