ANTI-CORRUPTION DEVELOPMENTS IN ARGENTINA DURING 2016
2016 has been an intense year for the fight against corruption in Argentina. Among the highlights we find a new law granting benefits to those who collaborate with the authorities in certain cases of corruption, new regulations on gifts to public officials, a new law on access to public information, a bill to impose corporate criminal liability in cases of corruption, a bill to pass specific asset recovery regulations, increased activity in anti-corruption investigations by the courts and constant coverage of cases by the media. These advancements shape an enhanced anti-corruption environment.
The anti-corruption agenda during 2016 in Argentina
The following sections of this article briefly describe some of the main actions undertaken by the Executive Branch, Congress and the courts in 2016 to fight corruption in Argentina. The continuous coverage of corruption cases by the media is also addressed. Companies doing business in Argentina should closely follow these developments and ensure that they have internal procedures that meet all applicable anti-corruption laws and regulations, and appropriately address all relevant risks.
A new law granting benefits to those who collaborate with the authorities in certain cases of corruption
In October 2016, Congress passed a law granting penalty reductions to those investigated for bribery or certain other crimes – including traffic of influences, contraband, misuse of public goods and illegal enrichment – who effectively collaborate with the authorities by providing precise information to, among others, prevent or clarify the crimes under investigation or related crimes.
The information disclosed to the authorities must refer to facts in which the individual revealing this information was involved and must be related to individuals whose criminal responsibility is equal to or greater than their own. In order to receive the benefit, the person disclosing the information must enter into an agreement with the prosecutor which shall be submitted to a judge for approval.
Jan-Mar 2017 Issue
Marval O’Farrell Mairal