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ARTICLE · 17 NOVEMBER 2016

Bill On Corporate Criminal Liability For Cases Of Corruption And Guidelines For Compliance Programs

On October 20, 2016, the Government presented a bill proposing criminal liability for companies involved in certain cases of corruption (the "Bill").

ArgentinaCriminal Law

Although it has a narrower scope, this Bill follows the trend established by foreign regulations such as the Clean Companies Act of Brazil (Law 12,846), the UK Bribery Act, and the US Foreign Corrupt Practices Act (FCPA).

If enacted into law, this Bill would mean a material change in the anti-corruption regulation in Argentina by penalizing legal entities in addition to individuals.

Crimes against  public administration and transnational bribery

Legal entities are liable for crimes against the public administration and transnational bribery when:

  1. the crime resulted from lack of appropriate supervision and control;
  2. the crimes have been committed, directly or indirectly, in their names, in their interest, on their behalf, and when the legal entity might benefit from the crimes; and

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