• Import of goods: 222 inspections on operations for a sum subject to control of US$1,598,154,525 and 35 precautionary measures for merchandise pending nationalization for a value of US$141,176,039. In exercise of the foreign exchange criminal law, new imports and access to the foreign exchange market were prohibited.
• Services: 56 inspections for operations for a sum subject to inspection of US$457,070,347
Other exchange regimes
• Controls and inspections of foreign currency purchase operations and for the acquisition of public securities settled in foreign currency were deployed, and the implementation of preventive IT controls, key to avoiding fraudulent events, was achieved.
• 25 inspections were carried out for operations for a sum subject to inspection of US$680,935,457 that detected inconsistencies due to operations with securities.
• 530 inspections were carried out on operations for a total subject amount of US$45,169,017 for the acquisition of foreign currency in excess of the limits. These actions led to the suspension of a total of 36,733 individuals from operating in the foreign exchange market, achieving the return of the foreign exchange acquired in excess of US$859,964.
Actions against marginal change
• A total of 97 raids were carried out on marginal exchange operators, seizing supporting documentation, computer elements and national and foreign currency. The procedures were carried out with the intervention of justice in the provinces of Buenos Aires, Córdoba, Santa Fe, Río Negro, Mendoza, Jujuy, Salta and the Autonomous City of Buenos Aires.
The Main Management of Contentious Matters, for its part, dealt with the investigation of exchange and financial summaries.
“Once the exchange actions are concluded, they are turned over for the beginning of criminal proceedings, whose processing is also in charge of the BCRA. In these cases, Law 19,359 establishes that the sentence must be imposed by the economic criminal justice of the capital or by the federal judges in the interior of the country,” said the BCRA.
Since the beginning of the new exchange regime in September 2019, 369 exchange summaries have been opened for an amount of US$1,566,772,651. Of this universe, 185 summaries (for an amount of US$1,045,298,362) have already been sent to the courts for a sentence to be issued and in another 95 precautionary measures were issued to make the accused appear in the process, such as the prohibition leaving the country. To date, there are 245 proceedings pending opening of the preliminary proceedings for amounts equivalent to US$807,158,029.
The BCRA promoted “the application of precautionary measures regarding the foreign exchange summaries to guarantee the payment of the fines, judicially requesting seizure of assets and inhibitions on the accused (legal and human persons) in 22 summaries.”
In this way, disciplinary actions have been carried out with respect to regulated entities in the matter of financial summaries. Since December 2019, 59 summaries have been resolved, resulting in 296 fine sanctions for a total of $2,262,183,986, 61 disqualification sanctions from performance in regulated activities, 8 warnings and 18 calls for attention. Another 40 financial summaries are currently being processed.
Source: Ambito
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