New Regulation for Summary Proceedings and Expedited Procedure

On June 18, 2024, through Resolution 90/2024, the Financial Intelligence Unit (UIF) approved the new regulations for summary proceedings in accordance with the amendments introduced by Law 27739. To do so, it considered the extension of the possible sanctions included in that law and the incorporation of specific weighting factors to assess non-compliance, its nature, and risk.

The main amendments are:

1. the possibility of starting summary proceedings for non-compliance with corrective actions imposed by UIF in supervisory instances,
2. it is expressly established that the UIF's decision to open a summary proceeding cannot be appealed,
3. it updates the System of Notifications and Electronic Processing of Files, incorporating the possibility of virtual registration in it,
4. it reduces the term to produce evidence to 20 days—previously it was 30 days—, and incorporates the possibility of extending it only once and for another 20 days, ex officio or at the request of a party,
5. it states that hearings may be held virtually, through the technological support offered by the UIF, and subject to compliance with certain requirements like their recording,
6. it grants the defendant the possibility of requesting to be summoned to testify,
7. it incorporates the possibility of imposing corrective actions for closing the summary proceeding.

The Resolution also incorporates—as an alternative and subject to compliance with certain requirements—the regulation for an expedited procedure for the summary proceedings. This procedure analyzes conducts that are not grievous and that have not provoked a sensitive risk for the system of Prevention of Money Laundering and Terrorist Financing (AML/FT).

In these cases, once the resolution to start the summary proceedings is notified, the summoned parties will have ten days to jointly, unanimously, clearly, unequivocally, and unconditionally accept the proceedings and the provisional settlement of charges. They will also have to submit proof of their payment together with the commitment to remedy the non-compliances subject to the summary proceedings within three months.

The report of remedy must be signed jointly with an independent external auditor that the reporting entity will choose from those registered before the UIF or propose one that complies with the requirements of the UIF Resolution 67/2017, as amended, or the rule that replaces it.

The final resolution of this type of proceedings will not be reflected on the records and may not be computed for recidivism if no new infringement is committed within five years.

The Resolution is in force as from June 18, 2024, repealing on that same day Resolutions UIF 111/12, 73/18, and 96/18.