Name
Global FinTech Guide
Country Name
Argentina
SectionTitle
KYC requirements
Body
The know your customer or know your client (KYC) guidelines and regulations for financial services require that professionals try to verify the identity, suitability, and risks involved with maintaining a business relationship.

Legal affairs

National regulatory framework regarding AML and effective date of the regulations

In Argentina, prevention of money laundering and financing of terrorism is regulated through Law 25,246 and complementary resolutions dictated by the Unidad de Información Financiera (public agency in charge of enforcing Law 25,246).

National regulator or relevant authority for AML controls

The national regulator for AML is the Unidad de Información Financiera (“UIF”).

Customer Due Diligence

Conduct of a typical KYC identification process

According to the provisions contained in Law 25,246, obliged parties (“Sujetos Obligados”) must comply certain obligations with respect to their clients: (i) require their clients to offer all information necessary to verify their identity; (ii) require their clients to verify the legal sources of funds; and (iii) notify the UIF of any suspicious transaction or operation made by their clients (“reportes de operación sospechosa”).

Possibility to meet customer due diligence requirements by relying on third parties who are obliged by law themselves to comply with AML regulations

There is no legal restriction on relying on third parties to meet customer due diligence/KYC requirements who are obliged by law themselves to comply with AML regulations.

Possibility to outsource customer due diligence by contract to other third parties who are not obliged by law to meet AML regulations and rely on these (e.g., WebID, IDnow, PostIdent)

There is no legal restriction on relying on third parties to meet customer due diligence/KYC requirements who are not obliged by law themselves to comply with AML regulations. However, the obliged party shall be always reliable for breach of any AML provisions and in no way shall be able to limit its liability based on the outsourcing of KYC to third parties.

Presence of a license or registration requirement for the third party in case of outsourcing customer due diligence

There is no specific regulation on any license required to outsource customer due diligence to third parties.

Further questions

Entities that could be relied on specifically by law as a third party to comply with AML regulations (regardless of outsourcing)


Yes credit institutions
Yes financial institutions
Yes auditors, external accountants, and tax advisors
Yes notaries and other independent legal professionals
Yes other trust or company service providers
Yes estate agents
Yes other persons trading high-value goods
Yes providers of gambling services
Yes insurance and reinsurance companies
Yes insurance brokers
Yes real estate agents and brokers
Yes customs brokers
Yes legal entities who receive donations from third parties
Yes cooperatives and mutual associations regulated by Laws 20,321 and 20,337 respectively
Yes individuals or legal persons whose activity consists regularly of the purchase and sale of cars, buses, trucks, motorcycles, aircrafts, boats, yachts, and machinery used in the agriculture sector.


Authors

Disclaimer

© 2022, Zang, Bergel & Viñes Abogados. All rights reserved by Zang, Bergel & Viñes Abogados as author and the owner of the copyright in this chapter. Zang, Bergel & Viñes Abogados has granted to Multilaw non-exclusive worldwide license to use and include this chapter in this guide and to sublicense Lexis Nexis, a division of RELX Inc. and its affiliates certain rights to use and distribute this guide.

The information in this guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

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