
At CASSAGNE Consultores, we keep you up to date with the latest developments. Today, Decree No. 891/2024 was published in the Official Gazette, aiming to amend important aspects of Law No. 25,246 (recently modified by Law 27,739) ?.
? Key Modifications:
- 1. The elimination of the UIF Advisory Council:
The UIF will now consist only of a President and Vice President, providing greater autonomy and operational efficiency ??.
- 2. Modifications to the functions and terms of the UIF President and Vice President:
Their terms are set at 4 years, renewable indefinitely ?.
- 3. Establishment of new requirements for UIF membership.
- 4. Modifications to the List of Obligated Entities under Art. 20:
Customs brokers (section 21), the sale of vehicles, machinery, aircraft (section 22) ???, among others, are removed from the list of entities required to report, optimizing the control system without compromising financial security ??.
? However, to determine how to adapt to the changes introduced by the Decree, the affected entities should evaluate the UIF's actions over time regarding this removal. The Decree?s preamble clarifies that, despite this removal, the UIF retains the authority to request reports, documents, background information, and any other elements deemed necessary for fulfilling its duties ?. The entities are obligated to provide these UNDER PENALTY OF LAW ??, in accordance with section 1 of Article 14 of Law No. 25,246 and its modifications.
? Therefore, it is crucial to observe the UIF's actions over time before making any decisions. This is particularly important given the fact that this attempt to modify the law (25,246) is made by decree, when it was recently amended in March 2024, as appropriate, by another law (Law 27,739) ?. During this process, there was ample parliamentary debate before its enactment (especially regarding the inclusion and exclusion of economic actors from the list of entities required to report to the UIF) ??. In theory, this could lead to claims of unconstitutionality ??, whether or not they materialize.
? To access the full text of the Decree, scan the QR code in the attached image. For any further inquiries, visit us at: [https://lnkd.in/diMyhxmh) and schedule a virtual meeting with us! Click here: [https://lnkd.in/dFJH-p3f) ?.