Argentina Law N ° 26.268 Illegal Terrorist Associations and Terrorist Financing - 2007

PENAL CODE

Law 26.268

Modification. Illegal terrorist associations and financing of terrorism. Modification of Law No. 25.246 on Concealment and Laundering of Assets of criminal origin.

Sanctioned: June 13, 2007

Promulgated in Fact: July 4, 2007

The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc. sanction with force of Law:

ARTICLE 1º - Incorporate as Chapter VI, in Title VIII of the Second Book of the Penal Code, the following:

Chapter VI. Illegal terrorist associations and financing of terrorism

ARTICLE 2º - Incorporate as article 213 ter, in Chapter VI of Title VIII of the Second Book of the Penal Code, the following:

Article 213 ter.- Seclusion or imprisonment of FIVE (5) to TWENTY (20) years will be imposed on those who take part in an illicit association whose purpose is, through the commission of crimes, to terrorize the population or force a government or a international organization to carry out an act or refrain from doing so, provided that it meets the following characteristics:

a) Have an action plan aimed at the propagation of ethnic, religious or political hatred;

b) Be organized in international operational networks;

c) Have weapons of war, explosives, chemical or bacteriological agents or any other suitable means to endanger the life or integrity of an undetermined number of people.

For the founders or heads of the association, the minimum penalty will be TEN (10) years of seclusion or prison.

ARTICLE 3º - Incorporate as article 213 quater, in Chapter VI of Title VIII of the Second Book of the Penal Code, the following:

Article 213 quater.- Anyone who collects or provides goods or money will be punished with seclusion or imprisonment for FIVE (5) to FIFTEEN (15) years, unless a greater penalty corresponds to the application of the rules of Articles 45 and 48, with the knowledge that they will be used, in whole or in part, to finance an illicit terrorist association of those described in article 213 ter, or a member of these for the commission of any of the crimes that constitute its object, regardless of its occurrence.

ARTICLE 4º - Replace article 6 of Law No. 25.246, by the following:

Article 6.- The Financial Information Unit will be in charge of the analysis, treatment and transmission of information in order to prevent and prevent:

1. The crime of money laundering (article 278, paragraph 1, of the Penal Code), arising from the commission of:

a) Crimes related to the illicit traffic and commercialization of narcotic drugs (Law No. 23.737);

b) Arms smuggling offenses (Law No. 22.415);

c) Crimes related to the activities of an illicit association classified in the terms of article 210 bis of the Penal Code or of an illicit terrorist association in the terms of article 213 ter of the Penal Code;

d) Crimes committed by illicit associations (Article 210 of the Penal 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) Crimes 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).

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

ARTICLE 5º - Subsection 2 of article 13 of Law No. 25.246 be replaced by the following:

2. Provide and direct the analysis of the acts, activities and operations that, according to the provisions of this law, may configure money laundering or terrorist financing activities as provided in article 6 of this law and, where appropriate, put the evidence obtained at the disposal of the Public Ministry, for the exercise of the pertinent actions.

ARTICLE 6º - Subsection 5 of article 14 of Law No. 25.246 be replaced by the following:

5. Request the Public Ministry so that it requires the competent judge to resolve the suspension, for the period determined by the latter, of the execution of any operation or act previously reported in accordance with paragraph b) of article 21 or any other act related to these , before it is carried out, when suspicious activities are investigated and there are serious and serious indications that it is money laundering from any of the crimes provided for in article 6 of this law or terrorist financing. The appeal of this measure can only be granted with refund effect.

ARTICLE 7º - Replace article 19 of Law No. 25.246, by the following:

Article 19.- When the Financial Information Unit has exhausted the analysis of the reported operation and sufficient elements of conviction emerge to confirm its character as a suspect of money laundering or terrorist financing in the terms of this law, this will be communicated to the Public Ministry in order to establish whether it corresponds to exercise the criminal action.

ARTICLE 8º - Replace subsections 1 and 2 of Article 23 of Law No. 25.246, by the following:

1. It will be sanctioned with a fine of TWO (2) to TEN (10) times the value of the goods subject to the crime, the legal person whose body or executor has applied goods of criminal origin with the possible consequence of attributing to them the appearance of an origin lawful, in the sense of article 278, paragraph 1, of the Penal Code. The crime will be considered configured when the value limit established by that provision has been exceeded, even when the various particular events, linked to each other, that together have exceeded that limit have been committed by different natural persons, without prior agreement between them. , and that for this reason they could not be subjected to criminal prosecution.

A fine of FIVE (5) to TWENTY (20) times the value of the goods subject to the offense, the legal person whose body or executor has collected or provided goods or money, whatever their value, with knowledge that they will be used by any member of an illicit terrorist association, in the sense of article 213 quater of the Penal Code;

2. When any of the acts had been committed by recklessness or serious imprudence of the body or executor of a legal person or by several of their bodies or executors, the fine to the legal person will be TWENTY PERCENT (20%) to SIXTY PERCENT (60%) of the value of the goods subject to the crime.

ARTICLE 9º - Replace article 1 of Law No. 25.241, by the following:

Article 1.- For the purposes of this law, acts of terrorism are considered to be the criminal actions provided for by article 213 ter of the Penal Code.

ARTICLE 10. - Contact the Executive Branch.

GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE THIRTEENTH DAY OF THE MONTH OF JUNE TWO THOUSAND SEVEN.

—REGISTERED UNDER NO. 26.268—

ALBERTO E. BALESTRINI. - JOSE JB PAMPURO. - Enrique Hidalgo. - Juan H. Estrada.

Download full document