Identifier
Created
Classification
Origin
07BUENOSAIRES2119
2007-10-26 16:43:00
CONFIDENTIAL
Embassy Buenos Aires
Cable title:  

ARGENTINE JUSTICE MINISTER DISCUSSES TIP, MONEY

Tags:  PGOV PREL ECON KTFN SNAR KJUS KCRM PHUM KWNM 
pdf how-to read a cable
VZCZCXYZ0025
PP RUEHWEB

DE RUEHBU #2119/01 2991643
ZNY CCCCC ZZH
P 261643Z OCT 07
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC PRIORITY 9575
INFO RHMCSUU/FBI WASHINGTON DC PRIORITY
RHMFISS/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
RUCPDOC/USDOC WASHINGTON DC PRIORITY
C O N F I D E N T I A L BUENOS AIRES 002119 

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/25/2017
TAGS: PGOV PREL ECON KTFN SNAR KJUS KCRM PHUM KWNM
SMIG, KFRD, ASEC, AR
SUBJECT: ARGENTINE JUSTICE MINISTER DISCUSSES TIP, MONEY
LAUNDERING, AND A HUMAN RIGHTS-RELATED DEPORTATION CASE

REF: A. BUENOS AIRES 1946

B. BUENOS AIRES 1964 AND PREVIOUS

Classified By: Ambassador E.A. Wayne for Reasons 1.4 (b,d)

C O N F I D E N T I A L BUENOS AIRES 002119

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/25/2017
TAGS: PGOV PREL ECON KTFN SNAR KJUS KCRM PHUM KWNM
SMIG, KFRD, ASEC, AR
SUBJECT: ARGENTINE JUSTICE MINISTER DISCUSSES TIP, MONEY
LAUNDERING, AND A HUMAN RIGHTS-RELATED DEPORTATION CASE

REF: A. BUENOS AIRES 1946

B. BUENOS AIRES 1964 AND PREVIOUS

Classified By: Ambassador E.A. Wayne for Reasons 1.4 (b,d)


1. (C) Introduction: This cable covers and provides updates
on issues that Justice Minister Alberto Iribarne and the
Ambassador discussed during their recent meeting (reftels).
They include: 1) status of Trafficking in Persons legislation
and Justice Ministry efforts to push for its passage; 2)
Minister's plans to use the recently concluded money
laundering/terrorism finance "National Agenda" to improve
strengthen Argentina's legal/regulatory regime and improve
inter-agency coordination with regards to financial crimes;
3) Treasury Office of Technical Assistance assessment visit;
4) Embassy's delivery of a diplomatic note raising concerns
about alleged mistreatment of a detained U.S. citizen; and 5)
status of the USG deportation to Argentina of a wanted
Argentine human rights violator. Post reported separately
on the Minister's broad plans for legal reform in Argentina
(Ref A),and the prospect of coordinating efforts (Ref B) to
convince Bolivia, Colombia, and Paraguay to pay delinquent
dues to GAFISUD (Southern Cone Financial Action Task Force).
End Introduction.

Limited Movement on TIP legislation
--------------

2. (C) The Ambassador commented to the Minister that Senator
(and Presidential front-runner) Cristina Fernandez de
Kirchner had told him in mid-September that she expected the
Trafficking in Persons (TIP) law to be passed with no
problems after the October 28 elections. The Minister agreed
and asserted that he and Interior Minister Fernandez were
speaking to Argentine legislators, urging them to forge a

consensus in order to pass legislation soon.


3. (C) The Ambassador acknowledged that differences among the
bills remained, but stressed that TIP victims needed help
now. Minister Iribarne agreed and commented that while his
broader focus was to pass the legislation, in the meantime
the GoA had established a new program to assist TIP victims.
Iribarne stated that the MOJ had published a resolution in
July establishing a national program to prevent TIP and
provide victims assistance. The program director reports
directly to him, he explained, and is charged with
coordinating interagency efforts to provide victims'
assistance. It will also work with NGOs to conduct public
awareness campaigns. Although Iribarne claimed that the
Ministry's new program included famed TIP activist Susanna
Trimarco, Trimarco informed Emboffs separately that she
declined the Ministry's invitation to lead the program.

National AML/CTF Agenda and Treasury Assessment Visit
-------------- --------------

4. (C) The Ambassador congratulated Iribarne on the Argentine
Congress' passage in June of counter-terrorism and
counter-terrorism finance legislation (BA 1183),which went
into force in mid-July. He also congratulated him on
President Kirchner's September 11 signing of the decree to
enact the "National Agenda for the Fight Against Money
Laundering and the Financing of Terrorism" (reported BA
1826).


5. (C) The Ambassador commented on how the USG was impressed
with the GoA's actions over the last two years to fortify its
regime against financial crimes: strengthening money
laundering legislation, reorganizing the Financial
Investigative Unit, establishing special anti-money
laundering and counter-terrorism finance (AML/CTF) units at
the Central Bank, Attorney General's Office, and AFIP
(Argentine version of the IRS). Furthermore, the Ambassador
noted, the fact that Argentina had criminalized terrorism
financing put it at the forefront in Latin America in the
fight against terrorism. The Ambassador encouraged the
Minister to have the GoA take the next step and become an
active participant in the global fight against terrorism.
This included, in particular, identifying persons in the
region to add to the UN terrorism lists. The Ambassador
urged the Minister to reach out to Argentine intelligence and
law enforcement agencies to develop such cases.


6. (C) Iribarne responded that the FATF President's critical
observations of Argentina's financial crimes regime during
his visit to Argentina in early 2006 had lit a fire under the
GOA, leading to significant legal and regulatory improvements

to the AML/CTF regime. Iribarne noted that the National
Agenda was the government's initiative to continue this
effort to strengthen the overall AML/CTF regime and enhance
the application of the country's AML and CTF laws and
regulations. The Minister asserted that his Ministry had the
central coordinating role in this area, but that each
relevant Ministry had its own, specific targets. Recognizing
that implementation of all the new AML/CTF laws and
regulations is the key challenge, the Minister noted his
intention to follow-up regularly with Ministries and Agencies
to push them to meet their targets.


7. (SBU) Background Note: the National AML/CTF Agenda
establishes 20 broad objectives, many of which conform to
FATF AML/CTF recommendations. In general the objectives are
focused on strengthening existing laws and regulations (and
correcting legislative weaknesses) and improving
intra-government coordination. The objectives range from
increasing funding and capacity training to Argentina's
Financial Investigative Unit, to improving detection of
cross-border cash transfers, to eliminating some of the
secrecy barriers that complicate sharing of information among
agencies and with the private financial sector.


8. (SBU) The Ambassador briefed the Minister on the
mid-September visit to Argentina of a U.S. Treasury Office of
Technical Assistance team. The Treasury officials visited
Buenos Aires to perform an informal assessment of the GoA's
regulatory agencies capacities and training needs, primarily
in the area of counter-terrorism finance (BA 1417). The
Ambassador noted that the USG goal was to assist in
developing an AML/CTF training program tailored specifically
to the needs and interests of the Central Bank and other GoA
regulatory agencies.

Diplomatic Note Regarding Detained Amcit Case
--------------

9. (C) The Ambassador informed Iribarne that the Embassy had
submitted a diplomatic note expressing concern about an
incarcerated U.S. citizen's allegations of mistreatment by
prison guards. He also noted that the Embassy was requesting
that the appropriate authorities investigate the allegations.
Post subsequently forwarded to Iribarne a copy of the note,
which raised concerns over improper treatment of prisoner
John Murphy in early August, and related details of Murphy's
allegations against the prison guards. Murphy had been
arrested upon arrival in Buenos Aires for alleged indecent
behavior toward a flight attendant.


10. (C) Iribarne subsequently (October 12) told the
Ambassador that he had ordered an inquiry into the case. He
also told the Ambassador that he had ordered that an English
speaker always be present for any communication with
English-speaking prisoners who do not speak Spanish.
Possibly as a result of this case, the Under Secretary for
Prison Affairs Federico Ramos and National Director of
Prisons Alejandro Marambio told Post Consular Officers that
they are considering ways to improve treatment of
English-speaking foreign prisoners. Specifically, the prison
officials are proposing to house such prisoners together, to
improve their social situation and provide better services to
them as a group. Post's Consular Officers are discussing
this idea with counterparts from other English-speaking
Embassies to gauge interest in offering this option to their
citizens arrested in Argentina.

Deportation of Wanted Argentine Human Rights Violator
-------------- --------------

11. (C) The Ambassador mentioned that Argentine citizen
Ernesto Barreiro, apprehended in the Virginia on visa fraud,
had agreed to be deported back to Argentina where he is
sought for alleged human rights violations. The Minister
agreed that deportation was a much preferred option to
extradition, which is legally more complex and a more lengthy
process. Barreiro is wanted by Argentine law enforcement
authorities for alleged human rights abuses while serving as
an Argentine military official under the military
dictatorship in the 1970s. Specifically, he is alleged to
have been in charge of a torture facility called "La Perla,"
located in Cordoba Province, where an estimated 100 persons
were allegedly tortured or killed.


12. (C) ICE officials in Buenos Aires and Washington have
coordinated with Argentine authorities over the last year to
obtain the necessary evidence to arrest and deport Barreiro

back to Argentina. On April 1, 2007, Barreiro was arrested
and taken into ICE custody. On September 7, 2007, he pled
guilty to one count of visa fraud (18 USC 1546, Fraud and
Misue of Visa Documents),and was subsequently sentenced to
six months imprisonment. Barreiro had already served over
five months of his sentence, and is currently set to be
deported on October 29, arriving Argentina October 30, where
he will be turned over to officials from Interpol Argentina.

WAYNE