1. Bribery in the home (private to public)
1.1 The Legal Environment
Any public officer, as well as anyone who engages in corrupt practices with public officers, is subject to the Argentine Criminal Code. Domestic bribery (active, passive, and improper lobbying), corruption, and multinational bribery are all defined in the Argentine Criminal Code (other local laws to consider are Public Employment Law, the Ethics on Public Office Law, and the Code of Ethics of Public Office).
1.2 What does bribery mean?
Bribery can be committed by government officials as well as private citizens.
The Argentine Criminal Code prohibits government officials from receiving or accepting money or other benefits/gifts in exchange for doing or not doing something related to their duties (active bribery), as well as any individual from personally giving or offering any gift to a public officer, either directly or through an intermediary (passive bribery).
1.3 What does it mean to be a public official?
Individuals (elected or appointed) who hold legislative, administrative, military, or judicial positions of any kind are included in the definition of “public/government official” in Article 77 of the Argentine Criminal Code, as are senior managers, officers, and others who are temporarily or permanently involved in the exercise of public functions, either by election or by appointment of a competent authority (e.g., public health agencies).
1.4 Bribery’s Consequences
(a) For the Individuals Involved
The Argentine Criminal Code imposes penalties ranging from one to six to twelve years in jail, with specific disqualification for life if appropriate, depending on the nature of criminal act (specified).
(b) For the business or legal entity
Corporate liability for bribing acts is not provided for in the Argentine Criminal Code. Certain legislation amending the Argentine Criminal Code, however, are now being debated in Congress.
1.5 Contributions from politics
Political parties may receive contributions/donations that do not exceed 1% of the permissible expenses when conducted by a company, and 2% of the permissible costs when performed by an individual, according to Section 16 of the Political Party Financing Law No. 26,215 (the “Law”). Other legal limits should be considered while calculating such amounts.
Individuals or corporate companies that do not have an established residence in Argentina are expressly prohibited from making gifts under Section 15 of the Law. A fee may be imposed if this requirement is not followed. Furthermore, the Law imposes significant restrictions on the financing of electoral campaigns. Private entities (but not people) are also prohibited from making donations or contributions during election campaigns, according to the law.
1.6 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
When it comes to gifts, benefits, lunches, and other invites to public officials, Argentina’s regulations are vague. However, no presents (save those of minimal worth) should be given to public officials as a general rule. Given the aforementioned legal restrictions, simply offering something of value to a public official could be considered a criminal under Argentine law, even if nothing in exchange is demanded or offered.
2. Bribery in the home (private to private)
2.1 The Legal Environment
Because it does not particularly control private corruption, the Argentine Criminal Code does not allow for a full list of behaviors to sanction acts of corruption in the private sector. However, certain specific conducts, such as fraud, concealment, embezzlement, and incorrect administration carried out by individuals, may be deemed akin to domestic private corruption.
Other examples include the punishment outlined in Section 173, paragraph 7 of the Argentine Criminal Code, which stipulates that any person who is vested with the management, administration, or care of goods or pecuniary interests belonging to another person and damages or makes excess of such interests for the purpose of obtaining an unlawful gain for himself or a third party faces imprisonment.
2.2 What is bribery in the private sector?
Please refer to Section 2.1.
2.3 Private bribery Consequences
(a) For the individuals engaged See Section 2.1.
(b) See Section 2.1 for the company/legal entity.
2.4 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
When it comes to gifts, benefits, lunches, and other invites to public officials, Argentina’s regulations are vague. However, no presents (save those of minimal worth) should be given to public officials as a general rule. Given the aforementioned legal restrictions, simply offering something of value to a public official could be considered a criminal under Argentine law, even if nothing in exchange is demanded or offered.
3. Foreign public officials’ corruption
3.1 The Legal Environment
Any public officer or individual who participates in corrupt practices with foreign public officers is subject to the Argentine Criminal Code.
3.2 Definition of foreign public officials’ corruption
Incorporated in 2003, Section 258 “b” of the Argentine Criminal Code was derived from Article VIII of the United Nations Convention Against Corruption. It states that anyone who offers or gives money or other benefits to a public officer from a foreign state or an international public organization in order for that officer to do or refrain from doing something related to his office, or to use the influence derived from his office in an economic, financial, or commercial transaction, will be punished.
3.3 Explanation of the term “foreign public official”
The definition of a public/government officer is the same as it is for the charges listed previously. The concept is broad, and it includes persons who are temporarily or permanently involved in the performance of public functions, whether through election or appointment by another state, or as members of an international public body.
3.4 Consequences of foreign public officials’ corruption
(a) In the case of the individuals involved
Imprisonment for up to six years and a lifetime specific prohibition from holding any public office.
b) In the case of a legal entity
See also 1.4 (b).
3.5 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
When it comes to gifts, benefits, lunches, and other invites to public officials, Argentina’s regulations are vague. However, no presents (save those of minimal worth) should be given to public officials as a general rule. Given the aforementioned legal restrictions, simply offering something of value to a public official could be considered a criminal under Argentine law, even if nothing in exchange is demanded or offered.