AMBASSADOR'S NOVEMBER 20 MEETING WITH ARGENTINE

C O N F I D E N T I A L BUENOS AIRES 002612 SIPDIS SIPDIS FBI PASS TO OIO AMERICAS UNIT E.O. 12958: DECL: 11/22/2016 TAGS: PGOV PREL KTER AR SUBJECT: AMBASSADOR'S NOVEMBER 20 MEETING WITH ARGENTINE JUSTICE MINISTER IRIBARNE REF: BUENOS AIRES 2581 Classified By: Ambassador E. Anthony Wayne for Reasons 1.4 (b) and (d). ¶1. (C) Summary. On November 20, the Ambassador paid a courtesy call on Argentine Justice Minister Alberto Iribarne to discuss ways to strengthen U.S.-Argentine cooperation on law enforcement, judicial reform, and anti-corruption issues. Iribarne noted that money laundering and terrorism finance are areas of common concern and provided an update on GOA efforts to strengthen its regulatory regime in both areas. The Ambassador offered to continue judicial exchanges between U.S. and GOA officials, as well as assistance to organize a seminar on best practices to fight corruption. Stressing the importance of building international coalitions on efforts to combat terrorist acts such as the 1994 AMIA bombings, the Ambassador offered to reach out to other governments on Interpol's Executive Committee to encourage them to support the GOA's request for arrest warrants/Red Notices and urged the GOA to do the same. Iribarne expressed appreciation for U.S. cooperation in the GOA's efforts to bring the perpetrators to justice, and stressed that the GOA wanted to handle the issue quietly. End Summary. -------------- -- Update on GOA Efforts to Meet FATF Requirements -------------- -- ¶2. (C) On November 20, the Ambassador paid a courtesy call on Argentine Justice Minister Alberto Iribarne to discuss ways to strengthen U.S.-Argentine cooperation on law enforcement, judicial reform, and anti-corruption issues. Iribarne was accompanied by Secretary of Justice Marcela Losardo. Iribarne thanked the Embassy for its excellent cooperation with the Ministry of Justice, particularly in the area of judicial assistance. He noted that money laundering and terrorism finance are areas of common concern and provided an update on GOA efforts to strengthen its regulatory regime in three areas of concern identified by the Financial Action Task Force (FATF) in June: 1) applying the money laundering law passed in March; 2) presenting a national strategy to combat money laundering and terrorism finance; and 3) to submit counterterrorism finance legislation by February 2007. Iribarne stated that the MOJ had just nominated Rosa Catalina Falcuto to head the GOA's Financial Intelligence Unit (FIU). After Falcuto is vetted through a public nomination process similar to that used to vet nominees for the Supreme Court, Iribarne intends to submit her name to the President along with the MOJ's national strategy to combat money laundering by year's end. He further explained that the FIU will have a Council of Advisors with interagency representation including the Federal Administration of Public Income (IRS-equivalent),the Central Bank, the National Securities Commission (SEC-equivalent),and Secretariat for the Prevention of Drug Addiction and the Fight Against Drugs (SEDRONAR; Drug Czar-equivalent),as well as the Ministries of Justice, Interior, and Economy. -------------- Counterterrorism Finance -------------- ¶3. (C) When asked about the status of the GOA's terrorism finance legislation, Iribarne replied that the Ministry of Public Affairs and the Attorney General's office are currently reviewing the draft law. The law would criminalize both terrorism itself and terrorism finance. (COMMENT: The draft law, however, does not criminalize material support for terrorist activities. END COMMENT.) The Ambassador noted that Argentina has always done an excellent job in terms of practical cooperation on efforts to combat money laundering and terrorism finance, but that there was a gap in the judicial framework. Introducing and passing legislation that criminalizes terrorism finance and terrorism would address this gap. Noting that FATF has monitored this issue very closely, the Ambassador expressed hope that the GOA will introduce legislation to combat terrorism finance prior to FATF's February deadline. Iribarne stated that he hoped to submit the draft law to Congress this year, but assured Ambassador that the GOA would at the very least introduce the bill before the February deadline. (Note: Congress has extended the current session through December 29, and then goes on break through about March 1. It is worth noting that President Kirchner can and has called extraordinary sessions in February while, technically, bills can be submitted during periods when the Congress is not in session. End Note.) -------------- Judicial Reform -------------- ¶4. (C) Turning to a discussion of GOA judicial reform, the Ambassador noted having read articles about prison inmates going on strike to protest the amount of time it takes to go to trial. Iribarne explained that suspects are often held in pre-trial detention for long periods of time due to the Courts' overwhelming caseload. Another problem associated with lengthy delays in conducting trials is that judges often have to throw out cases because they have reached the statute of limitations. ¶5. (C) The Ambassador then asked about the status of Argentina's transition to an accusatory judicial system. Iribarne noted that the transition began ten years ago and has advanced considerably, particularly in the provinces. The GOA's goal is to implement the system at the federal level. At present, federal judges still have control over the judicial process. The GOA is looking to transfer investigative responsibilities over to the prosecutors as well as introduce reform that would allocate more resources to prosecutors. He asserted that today's political environment is much more amenable to these reforms than it was ten years ago. The GOA's gradual implementation of judicial reform has helped build capacity and prepared the ground for a full transition to an accusatory system. For example, the judge assigned to the AMIA bombing case has delegated the investigative role to the case's chief prosecutor Alberto Nisman. In this manner, prosecutors have learned how to investigate cases. The Ambassador offered, and Iribarne accepted, continued judicial exchanges between U.S. and GOA officials as well as U.S. assistance in hosting seminars that bring U.S. legal experts to Argentina to share their experiences. -------------- AMIA -------------- ¶6. (C) Regarding AMIA, the Ambassador expressed appreciation for the GOA's commitment to investigate the AMIA bombings. He stressed that the United States respects Argentina's lead on the case and treats the matter as a law enforcement issue. The FBI's Director for International Operations is a member of Interpol's Executive Committee, and will support the GOA's request for arrest warrants/Red Notices of those individuals indicted in the terrorist attack. The Ambassador reiterated the offer made earlier to Foreign Minister Taiana (reftel) to reach out to other governments on Interpol's Executive Committee and urged that the GOA do the same, especially to Brazil and Chile, encouraging them to support the GOA's request not as a political matter, but as a matter of supporting international justice. Iribarne agreed, stating that this is a legal issue not a political one. He acknowledged that the GOA's recent experience with Interpol has been difficult, given Interpol's September 2005 decision to rescind earlier Red Notices for 12 Iranian nationals implicated in the case. The Ambassador stressed the importance of building international coalitions on terrorism issues. He encouraged the GOA to privatel urge others to stand up for justice and support its efforts. Iribarne expressed appreciation for U.S. cooperation in the GOA's efforts to bring the perpetrators of the AMIA bombings to justice and stressed that the GOA wanted to handle the issue quietly. -------------- GOA Anti-Corruption Efforts -------------- ¶7. (C) On the GOA's anti-corruption efforts, the Ambassador acknowledged that it is difficult, yet necessary, to adopt regulations that makes it harder for people to engage in corruption in the public and private sectors. Although Transparency International's (TI) index is not perfect, it underscores the need for improvement in this area for Argentina. He then asked about the progress the MOJ's Office of Anti-Corruption was making in improving government transparency and accountability. Iribarne stated that the GOA does not agree with certain observations noted in the TI index. He argued that TI mischaracterized GOA efforts to reform the Council of Magistrates in March as a move to limit judicial independence. Nevertheless, Iribarne recognized that the GOA could do more to prevent public and private corruption. He noted that the MOJ's Office of Anti-Corruption is an autonomous office that is divided into two sections: one focused on investigations of corruption allegations and another focused on developing policies to encourage transparency in government procurement. ¶8. (C) Iribarne maintained that the GOA has made progress in the area of transparency. The GOA now requires government officials to submit a declaration of assets. In its requests for public tenders, the GOA now publishes its design specifications for all government projects on the Web. This takes out the subjectivity in awarding contracts, Iribarne contended, as the GOA will make its determination based on cost only, since all companies are bidding on the same design. Ambassador Wayne added that publishing public tenders on-line also enables NGOs and the public to monitor government procurement, thereby assuring greater transparency. Iribarne also pointed to the public nomination process used for the Supreme Court and the FIU as additional examples of GOA efforts to improve transparency. He did acknowledge, however, that the GOA has very few prosecutions of public officials, but added that the GOA is aware that corruption hurts the cause of democracy and the ordinary citizens who abide by the rule of law. ¶9. (C) A/LEGATT Oliva noed that the USG has a strong emphasis on prosecuting public officials for corruption. Last year, the FBI prosecuted 1,200 public officials, including 365 police officers. Each government agency has an Office of the Inspector General that investigates corruption charges within its own agency. In addition, the USG's accusatory judicial system, ability to use informants and wiretapping has also made it easier to weed out corruption, Oliva explained. ¶10. (C) The Ambassador further added that the USG prosecutes private corruption as well. U.S. companies are required to abide by the Foreign Corrupt Practices Act, and the USG has convicted several companies for bribing foreign officials. As a result, many U.S. companies conduct their own internal audits as well as training programs to deter and detect corruption. The USG has aggressively pushed for an OECD treaty that would require its members to make the commitment not to bribe foreign officials. The Ambassador offered U.S. assistance in organizing a seminar on best practices in the United States and elsewhere in strengthening transparency and anti-corruption efforts. The Minister agreed that it is important to exchange ideas with friendly countries. WAYNE