Identifier
Created
Classification
Origin
06BUENOSAIRES2612
2006-11-22 21:34:00
CONFIDENTIAL
Embassy Buenos Aires
Cable title:  

AMBASSADOR'S NOVEMBER 20 MEETING WITH ARGENTINE

Tags:  PGOV PREL KTER AR 
pdf how-to read a cable
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OO RUEHWEB

DE RUEHBU #2612/01 3262134
ZNY CCCCC ZZH
O 222134Z NOV 06
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6569
INFO RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEABND/DEA HQS WASHINGTON DC PRIORITY
RHMFISS/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
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).

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