ARGENTINE PRESIDENT SIGNS NATIONAL ANTI-MONEY

C O N F I D E N T I A L BUENOS AIRES 001826

SIPDIS

SIPDIS

PASS NSC FOR JUAN ZARATE
TREASURY FOR TFFS, OFAC, FINCEN
DHS FOR ICE -- D.THOMPSON
JUSTICE FOR OIA AND AFMLS
PARIS PASS USOECD

E.O. 12958: DECL: 09/11/2027
TAGS: KTFN EFIN PTER SNAR ETTC PREL AR
SUBJECT: ARGENTINE PRESIDENT SIGNS NATIONAL ANTI-MONEY
LAUNDERING AND COUNTER-TERRORISM FINANCE PLAN INTO FORCE

REF: BUENOS AIRES 1183 AND PREVIOUS

Classified By: EconOff Chris Landberg For Reasons 1.4 (B and D).

Summary
--------------

1. (C) In a high-profile ceremony on September 11, President
Kirchner signed the GoA's new "National Agenda" on money
laundering and terrorism financing. The Agenda is designed
to serve as the roadmap for the GoA to improve coordination
and enforcement on anti-money laundering and
counter-terrorism finance (AML/CTF) issues. The press
interpreted the September 11 roll-out as a gesture to the
USG, although working-level contacts told us that the timing
was mere coincidence. Whatever the timing, the GoA has
developed a sound legal and regulatory AML/CTF framework for
Argentina over the last two years (reftels). But whether
this National Agenda demonstrates renewed GoA interest in
enforcement will be evident in the months ahead. End Summary.

President Signs AML/CTF Decree in High-Profile Ceremony
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2. (SBU) President Kirchner signed a decree September 11
entering into force the GoA's new "National Agenda for the
fight against money laundering and terrorism financing." The
Administration gave the signing event a high-profile, with
Economy Minister Peirano, Justice Minister Iribarne, and
Foreign Minister Taiana co-signing with the President, and
numerous other top-level GoA officials -- including the
Central Bank President, Attorney General, and heads of the
primary law enforcement and regulatory agencies -- in
attendance.


3. (C) Local press, including the largest circulation daily
Clarin, speculated that the GoA's high-profile signing
ceremony on the anniversary of the September 11 terrorist
attacks was intended to send the USG a signal of the GoA's
readiness to comply with international efforts to fight
terrorism and terrorism-related financial crimes. The GoA's
National AML/CTF Coordinator (and representative to the
Financial Action Task Force - FATF) Juan Felix Marteau told
us that the decision to hold the signing ceremony on
September 11 was pure coincidence, but we do not discount
that more senior officials thought the date could send a
signal about GOA interest in fighting terrorism. Marteau
told us that he hopes that the USG and other governments do
take the announcement as a signal that Argentina is
addressing its weak AML/CTF implementation record to date.

Agenda to Serve as Road Map for Implementation
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4. (SBU) The goal of the National Agenda, which has been in
the works for over a year, is to improve the GoA's AML/CTF
coordination and enforcement efforts. It proposes 20
detailed objectives, aimed at strengthening regulatory
institutions, fine-tuning existing laws, regulations, and
procedures, and enhancing the GoA's control over the
financial system. Broadly, the National Agenda's focus is to
implement and enforce the relatively sound legal and
regulatory AML/CTF framework that the GoA has developed over
the last two years.


5. (SBU) Post has agreed with the many domestic and
international observers' criticisms over the last few years
of Argentina's weak implementation of its AML regime. The
GoA has prosecuted fewer than five money laundering cases
since 2000, and there has been a clear lack of political will
to prioritize the investigation and prosecution of financial
crimes -- most of which are related to tax evasion.


6. (SBU) However, Marteau argues that the National Agenda is
the roadmap that the GoA can use to improve implementation of
domestic legislation and regulations and compliance with
international AML/CTF norms. Marteau, who directed the
preparation of the National Agenda, claims that Argentina is
the first South American government to have a national
AML/CTF strategic plan signed by the President and with the
Executive's direct support and involvement.


7. (C) Marteau acknowledges, however, that having an
implementation road map is no more binding than having the
right legislation and regulations in place. Without
high-level political commitment to pursue financial crimes,
GoA law enforcement and regulatory agencies will not feel
empowered to act. Therefore, Marteau and many of Post's
private sector contacts hope that the President's personal
involvement in the promulgation of the decree, along with the
participation of half the cabinet and all law enforcement and
regulatory agencies heads in the ceremony, reflect increased
Executive commitment to implementation.

GoA Has Created Sound AML/CTF Framework
--------------

8. (SBU) Largely as a response to FATF pressure, the GoA has
taken significant steps to improve its legal and regulatory
AML/CTF framework in recent years. It amended and
strengthened AML legislation in 2006, restructured its
Financial Investigative Unit (FIU),and created a National
AML/CTF Coordination Unit in the Justice Ministry to oversee
and coordinate overall GoA AML/CTF efforts. The Public
Prosecutor's Office, Central Bank, and Federal tax authority
are establishing specialized units to investigate and
prosecute AML/CTF crimes.


9. (SBU) Most significantly, the GoA's newly passed
Counter-Terror and Counter-Terrorism Finance Legislation
entered into force in mid-July 2007. The new law
criminalizes both acts of terror and financing of terror. It
also adds terrorism as a predicate crime to money laundering
and provides the legal foundation for the FIU, Central Bank,
and other law enforcement and regulatory bodies to
investigate and prosecute such crimes.
WAYNE