1. University degree title.
2. Provide sufficient training in the Prevention of Money Laundering, Financing of Terrorism and the Proliferation of Weapons of Mass Destruction, either through postgraduate degrees and/or attendance at courses, conferences, seminars or programs on the subject taught by prestigious entities, which must add up to at least FIFTY (50) hours of attendance, which must be accredited with certificates issued by the institutions that issued them, or by sworn statement.
For the same purposes, the publication of works related to the subject in specialized journals or books will be taken into consideration, as well as teaching activity and participation as speakers in conferences, seminars and congresses related to the subject of PLA/FT/FP.
b) Professional Experience.
Proof of at least FIVE (5) years of experience in the professional practice related to issues of Prevention of Money Laundering, Financing of Terrorism and the Proliferation of Weapons of Mass Destruction. For such purposes, proof must be provided of the exercise of a position of responsibility in an area of PLA/FT/FP within the private or public sector, or of having carried out advisory and/or consulting tasks in this area, either locally or internationally.
For the purposes of this requirement, “position of responsibility” shall be understood as any position with influence in decision-making in matters relating to the prevention of money laundering and the financing of terrorism and the proliferation of weapons of mass destruction.
ARTICLE 3° DISABILITIES. INCOMPATIBILITIES.
Independent external auditors who fall into any of the situations set out in this article may not perform any task until the effective cessation of the disqualification and/or incompatibility, taking into account the following:
to) The following are grounds for disqualification:
1. Have a criminal record or have ongoing criminal proceedings, showing the status of defendant with a final resolution, whether such records are derived from the certificate issued by the NATIONAL RECIDIVISM REGISTRY or because through other means one had knowledge of the existence of a criminal case in which he/she was involved.
2. Having been sanctioned by the corresponding College or Professional Council, when registered, and the sanction is exclusion or suspension.
3. Be disqualified by the competent authority from engaging in commerce, industry or profession.
4. Having been a member of the Administration and/or Supervisory Body of an Obligated Subject sanctioned by the UIF.
5. Having been sanctioned in other jurisdictions, being suspended or disqualified by the respective authorities in matters of PLA/FT/FP.
6. Having been sanctioned with exclusion from the registry for failure to comply with its obligations as Independent External Auditor (REI) within the last FIVE (5) years, and at least FIVE (5) years must have elapsed since the sanction was notified in order to request reinstatement.
b) The following are grounds for incompatibility:
1. Being a partner, shareholder, or a full member of the administrative or supervisory body of the Obligated Entity that has hired him/her as an Independent External Auditor, or of persons or companies economically linked to the latter. This incompatibility extends, in the event of disassociation, to reviews of periods in which said conditions were in force.
2. Be the spouse or family member of a partner or shareholder who exercises control over the company, has decision-making power over it, or of a full member of the administrative or supervisory body of the Obligated Subject, and who has hired him as an Independent External Auditor.
Incompatibility includes kinship by consanguinity and affinity up to the third degree.
3. Being in an employment relationship with the Obligated Subject who hired him as an Independent External Auditor or in companies of the same economic group, understood as two or more entities linked to each other by a relationship of control or belonging to the same economic and/or corporate organization. This incompatibility extends, in the event of disassociation, to reviews of periods in which said employment relationship was in force.
4. Have credit assistance from the Obligated Subject, in amounts that could affect their independence and/or have debts with the same, when the amount included could affect the independence of the task performed.
5. Other conflicts of interest that may affect the independence of the external auditor or the functions under his/her responsibility, whether of a personal, work-related, economic or financial nature.
Article 4: REIs must submit a DDJJ on disqualifications and incompatibilities. In this regard, The sworn statement must expressly include a statement that the person is not involved in criminal proceedings for money laundering, having the status of defendant with a final resolution, whose preceding crimes are preferably those considered in article 6 of Law No. 25,246, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction.
UIF: how to register to be an REI
a) Registration through the Obligated Subject
In order to request registration in the registry, the Obligated Subject must request the following information and documentation from the external auditor:
1) Name/s and Surname/s.
2) Type and number of identity document.
3) Date and place of birth.
4) Unique Labor Identification Code (CUIL) or Unique Tax Identification Key (CUIT).
5) Effective address or main headquarters of your business (street, number, town, province and postal code), where all notifications will be valid.
6) Telephone number and email address, which will be used as the electronic address for the purposes of communications with this FIU.
7) Work activity and background that proves the professional experience required in article 2, paragraph b) of this document. To do so, an updated Curriculum Vitae must be included indicating professional experience in PLA/FT, detailing the dates, functions performed and name of the employing entity.
8) Professional title.
9) Proof of registration with the College or Professional Council, if applicable.
10) Certificate of disciplinary records from the College or Professional Council, if applicable. The date of submission of the certificate may not exceed TEN (10) business days from the date of issue.
11) Certificate of criminal record issued by the NATIONAL RECIDIVISM REGISTRY and presentation of a sworn statement confirming that there are no pending legal proceedings.
12) Postgraduate degrees, courses, seminars and certifications related to PLA/FT/FP.
13) Academic and/or professional background in PLA/FT/FP, for which supporting documents must be provided.
14) Affidavit on incompatibilities and disqualifications, in accordance with the provisions of Article 4 hereof.
15) Affidavit of authorization for the publication of personal data, enabling this FIU to communicate on the official website, and inform the Obligated Subjects, the contact information of the independent external reviewers, including name and surname, profession, professional registration, email address, telephone number and professional contact address.
The aforementioned documentation will be kept by the Obligated Subject, who will create a file of the external auditor, which must be updated each time the services of the professional are required, and be kept for a period of FIVE (5) years; and must be submitted to the FINANCIAL INFORMATION UNIT in each new proposal through the corresponding REI module. If the previous proposal remains in force and if applicable, it must be updated via email to the mailbox [email protected].
In turn, the Obligated Subject must inform the UIF whether the registration is carried out to comply with the information regime for the comprehensive review of the preventive system, or whether it is a registration for tasks within the framework of the abbreviated summary procedure.
b) Direct registration by the Independent External Auditor:
Likewise, the Independent External Auditor requesting the registration may apply to appear in the “Registry of Independent External Auditors on the Prevention of Money Laundering and Financing of Terrorism and the Proliferation of Weapons of Mass Destruction (PLA/FT/FP)” directly and personally, in order to appear on the list of Independent External Auditors published by this FIU.
For such purposes, the requesting REI must submit the documentation indicated in subparagraphs 1 to 15 indicated in section a).
You must keep the aforementioned documentation in your possession, and you must keep it updated every time your professional services are required, and it must be maintained for a period of FIVE (5) years; it may be required by the FINANCIAL INFORMATION UNIT.
Prior to beginning its tasks with each Obligated Subject, the REI must indicate this situation to the FINANCIAL INFORMATION UNIT for the purposes of its connection to the system.
c) Registration by the respective College or Professional Council:
In those cases in which the applicable UIF regulations authorize the Professional Associations or Councils to carry out an independent external audit, the respective organizations may request the registration of the natural persons assigned by them to fulfill the role of REI.
In this regard, the requesting College or Professional Council must submit the documentation indicated in subparagraphs 1 to 15 indicated in section a).
The aforementioned documentation will be kept by the respective College or Professional Council, who will create a file of the external auditor, which must be updated each time the services of the professional are required, and be kept for a period of FIVE (5) years; and may be required by the FINANCIAL INFORMATION UNIT.”
Source: Ambito
