Rule · BCRA · 2 Jun 2025 · A 8248
The Central Bank of the Argentine Republic amends the Disciplinary Regime and Currency Summary Processing rules by updating specific articles regarding notification procedures, evidence submission, and sanction calculations. Key changes include extending the deadline for defendants to present defenses to 10 days (or 45 days for those outside Argentina), mandating digital filing of documents, and establishing a new table for minimum sanction units based on the severity of the offense. The circular also updates the publication requirements for final resolutions and clarifies the appeal timelines for different types of sanctions.
"Año de la Reconstrucción de la Nación Argentina" COMUNICACIÓN “A” 8248 02/06/2025 TO FINANCIAL ENTITIES, TO TRUSTEES OF FINANCIAL TRUSTS INCLUDED IN THE FINANCIAL ENTITIES LAW, TO ADMINISTRATORS OF CREDIT PORTFOLIOS OF EX-FINANCIAL ENTITIES, TO REPRESENTATIVES OF FOREIGN FINANCIAL ENTITIES NOT AUTHORIZED TO OPERATE IN THE COUNTRY, TO EXCHANGE OPERATORS, TO NON-FINANCIAL COMPANIES ISSUING CREDIT CARDS, TO NON-FINANCIAL COMPANIES ISSUING PURCHASE CARDS, TO OTHER NON-FINANCIAL CREDIT PROVIDERS, TO PAYMENT SERVICE PROVIDERS, TO PAYMENT SERVICE PROVIDERS OFFERING PAYMENT ACCOUNTS, TO PEER-TO-PEER CREDIT SERVICE PROVIDERS THROUGH PLATFORMS, TO CASH CARRIERS:
Ref.: Circular
RUNOR 1-1899:
Disciplinary Regime under the responsibility of the Central Bank of the Argentine Republic (Laws 21.526 and 25.065) and Processing of Currency Summaries (Law 19.539). Amendments.
___________________________________________________________________________ We address you to inform you that this Institution adopted the resolution that, in its pertinent part, provides:
“1. Substitute point 1.1.2.3. of the consolidated text on the Disciplinary Regime under the responsibility of the Central Bank of the Argentine Republic (Laws 21.526 and 25.065) and Processing of Currency Summaries (Law 19.359) with the following:
“1.1.2.3. In other cases, the SEFYC will notify the defendants of the opening of the summary at the address referred to in point 1.1.4. The deadline to review the file, present defenses, and offer evidence will be 10 (ten) days counted from the day following the relevant notification. The review of the file must be conducted at the premises of the BCRA. In cases where the defendant is domiciled outside a radius of 100 (one hundred) kilometers from the Autonomous City of Buenos Aires, the aforementioned 10 (ten) day deadline will be extended at a rate of 1 (one) day for every 200 (two hundred) kilometers or fraction thereof that does not fall below 100 (one hundred) kilometers. In cases where the defendant is domiciled outside the territory of the Argentine Republic, the deadline to review the file, present defenses, and offer evidence will be 45 (forty-five) days counted from the day following the relevant notification. The review of the file must be conducted at the premises of the BCRA.”
“1.1.5. Notifications.
Notifications may be made by any means that provides certainty of the date of receipt of the instrument and, if applicable, the content of the closed envelope if it is used.
It may be carried out:
a) By direct access of the interested party, their attorney or legal or authorized representative to the file, leaving an express record and prior justification of the notified party's identity; a full copy of the act will be certified, if requested. b) By spontaneous presentation of the interested party, their attorney or legal representative, from which it results that they have reliable knowledge of the respective act. c) By summons, which will be processed similarly to what is provided by articles 140 and 141 of the Civil and Commercial Procedural Code of the Nation. d) By telegram with delivery notice. e) By certified letter with receipt notice; in this case, the letter and attached documents must be exhibited in an open envelope to the authorized postal agent before dispatch, who will stamp them together with the copies to be added to the file. f) By registered letter. g) By the means indicated by the postal authority, through its concessionaires, in accordance with the regulations it issues. h) By notification to the electronic address, as established in Section 7. In cases of notification of the resolution opening the financial summary and/or the final resolution in summaries initiated for non-compliance classified as very high or high gravity, the Superintendent of Financial and Currency Entities may order that such resolution be notified personally to the highest authority of the entity regulated by the BCRA.”
“1.1.7. Of the evidence. Argument.
1.1.7.1. At the moment of presenting defenses and arguing relevant defenses, all evidence to be produced must be offered and the documentary evidence available must be attached. If this is not available to the defendant, it must be identified, indicating its content, location, and the person in whose possession it is.
When documentary evidence in a foreign language is incorporated, its translation by a licensed public translator must be attached, under penalty of having it considered not presented, except that, by its nature, the content on which the defendant intends to rely is manifestly clear according to the arguments made. This is without prejudice to the power of the SEFYC to order the incorporation of documentation translated into the national language, for which it will grant a reasonable deadline. The SEFYC will order the production of evidence that proves relevant and will reject, with grounds, that which is deemed irrelevant. The resolution denying evidence is appealable only on the occasion of the appeals provided for in article 42 of the LEF. The production of admitted evidence must be carried out within a period of 15 (fifteen) days, as determined by the SEFYC according to the circumstances inherent to the processing of the summary. During the evidence period, resolutions will be tacitly notified; Tuesdays and Fridays will be considered days for review, or the next business day if any of them is a holiday.
1.1.7.2. The evidence of reports must concern concrete facts, clearly identified and disputed in the proceedings; its processing will be the responsibility of the offeror and its production must be sought within the agreed term.
The letters will be signed, stamped, and processed by the attorney representing the defendant with a transcription of the resolution ordering them and fixing the deadline for their submission. When professionals drafting the letters depart from what is established in the resolution ordering them, or from legal forms, the corresponding measures will be adopted to make their disciplinary responsibility effective. If, after the deadline fixed for answering the reports, public offices and/or private entities have not sent them, the evidence requested by whom will be considered withdrawn without any processing, if within the third day after the expiration they do not request its reiterating. The request for a reiterating letter will be admissible up to two times.
1.1.7.3. When the offered evidence includes witness testimony, at the moment of presenting defenses, the list or questionnaire according to which the offered witnesses are to be interrogated must be attached.
The number of witnesses must not exceed 2 (two) per fact to be proven nor 20 (twenty) in total. The offering of witnesses must be made with expression of their names, profession, and updated address, with their appearance in all cases being the responsibility of the offeror. The witness will be considered withdrawn without any processing if the denounced data do not allow their identification, or if the relevant interrogation is not attached at the time of presenting the defense, or if they do not appear without justified and duly accredited cause on the occasion of the first scheduled hearing or its supplementary. The lists or questionnaires presented in closed envelopes will be opened to evaluate if the offered measure is relevant, leaving a record of the opening in the minutes. After this procedure is completed, the lists will be reserved again.
1.1.7.4. Expert evidence will be admitted when, in the judgment of the Institution, there are doubts regarding the authenticity of the attached documentation or any other type of issue to be resolved by this means of proof.
The maximum deadline to produce technical reports will be 20 (twenty) days, which may be extended if there are reasonable grounds and at the request of the person who must produce them, for the reasonable time necessary, to safeguard the right of defense of the defendants.
1.1.7.5. Once all evidence has been produced, the order closing the corresponding period will be issued, which will be notified to the defendants, so that within the deadline of 10 (ten) days they can present arguments on the evidence offered and produced during the processing of the summary.
1.1.7.6. If prior to the issuance of the final report on the proceedings provided for in point 1.1.10., the Financial Litigation Management considers it necessary to produce any additional evidentiary measure, it may order it as a measure for better provision, which will be produced with notification to the interested parties, and the provisions regarding appeals in point 1.1.7.1. will apply to this measure.”
“1.1.10. Final report on the proceedings. Draft Resolution. Reservation. Notifications.
Upon receipt of the defenses, production of the evidence that proves relevant, and performance of all those diligences and proceedings considered necessary and appropriate to gather records and elements of judgment, the SEFYC through the Financial Litigation Management will produce the draft resolution in which the conclusions resulting from the proceedings are formulated. From the incorporation of the aforementioned draft, the proceedings become reserved, with the defendants only having access to what occurred prior. Presentations made subsequently will be reserved in the Financial Litigation Management for their timely incorporation into the proceedings, with their analysis subject to the Superintendent of Financial and Currency Entities not having issued the resolution implying the conclusion of the summary. In other cases where total or partial reservation of the proceedings is appropriate, what is provided in point 1.1.11.7. will apply.
All notifications will be made by one of the means provided in point 1.1.5. to the address corresponding as indicated in point 1.1.4.”
“1.1.11.1. During the processing of the summaries, all writings and documents –defenses, offering of evidence, petitions, appeals, powers of attorney, documentary evidence, records of evidence processing, lists or questionnaires of witnesses, arguments, and any others– presented by the defendants, their attorneys and/or their representing lawyers, must be entered through the BCRA Entrance Desk, with the proper identification of the summary or file to which they correspond, in paper format. A receipt of their reception will be delivered to the presenter. These writings and documents will be digitized and incorporated into the electronic file via a “.pdf” file. In the same sense, the procedure will be followed when receiving informative, expert, or testimonial evidence, with the corresponding minutes being drawn up in paper format for the latter, which will be signed by the witness, the lawyers, and the defendant for subsequent digitization and incorporation into the electronic file. In the case of testimonial evidence, if the list or questionnaire according to which the offered witnesses are to be interrogated is presented in a closed envelope, what is provided in point 1.1.7.3. will apply to it.”
“1.1.11.7. In the case where total or partial reservation of the summary proceedings is appropriate regarding a request for review by someone claiming a legally protected interest, this will be processed in the manner provided by the Regulation of the National Administrative Procedures Law (Decree 1.759/72 – TO 2017), within the same summary and in digital format. If the reservation is total, the reserved digital document will be excluded at the time of granting the review, according to the procedure provided in point 1.1.11.4. If the reservation is partial, a digital copy via a “.pdf” file of the corresponding document will be incorporated into the summary, with the reserved parts redacted.”
“2.2.1.2. The Catalog of infractions of Section 10 establishes the maximum quantity of Sanction Units applicable to each of the infractions detailed therein according to the type of entity or subject reached by the sanctioning power of the BCRA.
To these effects, two groups of entities and subjects reached by the sanctioning power of the BCRA are distinguished in the table. Group A is composed of financial entities, their external auditors, representations of foreign financial entities, and other unregulated subjects, and Group B is composed of currency entities, their external auditors, and other reached subjects, the latter always provided that the infraction relates to the specific regulations of this BCRA applicable to them, otherwise they are considered unregulated subjects.
2.2.1.3. In cases where the benefits derived from the infraction can be quantified or estimated, fines of between 1 (one) to 5 (five) times the amount of said benefits will be imposed, provided they were higher than the fines resulting from applying the scale provided in point 2.2.1.1.”
“2.3.2.2. Aggravating factors:
a) Commission with deliberate knowledge or through the use of tricks tending to hide the non-compliance. b) Previous warnings from the BCRA and other summary antecedents with knowledge of the defendant that contained a sanction, but that are not computable for the purposes of recidivism in the terms of point 2.5. c) Continuation of the infraction after being warned by the BCRA.”
“2.3.4. The provisional score that the preventive area makes regarding each infraction must be confirmed or rectified in the final resolution of the summary considering the defenses and evidence produced in the respective stage, promoting the application of a fine according to the following detail:
Score Cases where the benefit derived from the infraction cannot be quantified 1 Up to 20% of the applicable scale 2 Between 21% and 40% of the applicable scale 3 Between 41% and 60% of the applicable scale 4 Between 61% and 80% of the applicable scale 5 Between 81% and 100% of the applicable scale
Gravity Cases where the benefit derived from the infraction can be quantified (*) Low Between 1 and 2 times the amount of the benefit Medium Between 2 and 3 times the amount of the benefit High Between 3 and 4 times the amount of the benefit Very high Between 4 and 5 times the amount of the benefit
(*) When it is appropriate to apply this criterion according to what is provided in point 2.2.1.3.
The benefit will be converted into Sanction Units considering its value at the date of conclusion of the infractions period. To determine the amount of the fine, that quantity of Sanction Units will be taken at their value at the date of the issuance of the Final Resolution.”
“2.4.4. The fines imposed on legal persons not regulated by the BCRA cannot exceed 80% (eighty percent) of their net worth at the time of the application of the sanction, with the exception of marginal operations where this limit will not apply.
However, in any case, the fine cannot be lower than the quantity of sanction units indicated below, considering the definitive gravity given to the non-compliance:
”
“Resolutions that initiate or end summary processes processed by the BCRA under article 41 of the LEF will be made known on the institutional website.
4.1. Regarding resolutions that end summary processes, it will be indicated whether they are final or not.
4.2. The following sanctions will be made known whether they are final or not, by communication addressed to the entities included in the LEF and Law 18.924:
4.2.1. Revocation of the authorization to operate.
4.2.2. Temporary or permanent disqualification to serve as promoters, founders, directors, administrators, members of supervisory boards, trustees, liquidators, managers, auditors, partners, or shareholders of the entities included in the LEF and Law 18.924.
4.3. If a resolution is modified for any cause, the corresponding dissemination will be made through the same means used to communicate the originally resolved matter.”
“The appealable routes admissible by the imposition of sanctions resolved in the terms of article 41 of the LEF will be those provided for in article 42 of the cited legal body, in concordance with what is provided in article 25 bis of Law 19.549 regarding the deadline for the filing of judicial appeals. The sanctions of reprimand and warning provided for in items 1) and 2) of article 41 of the LEF are only appealable by revocation before the Superintendent of Financial and Currency Entities.
Gravity Minimum sanction units
Low 10
Medium 15
High 20
Very high 25
Those sanctions referred to in items 3), 4), 5) and 6) of the cited article are appealable, solely for the devolutive effect, before the National Chamber of Appeals in Federal Administrative Litigation.
In the case of item 6), until the appeal is resolved, that chamber will order the judicial intervention of the entity substituting the legal representatives in their rights and powers.
The appeals for revocation must be filed and founded before the BCRA within 15 (fifteen) business days counted from the date of notification of the resolution. If the appeal is an appeal, it must be filed and founded before the BCRA within 30 (thirty) judicial business days computed from the date of notification of the resolution, and the proceedings must be elevated to the chamber within 5 (five) business days following.”
Regarding this, we send you the sheets that, in replacement of those previously provided, correspond to incorporate into the consolidated text of the reference. In this sense, it is recalled that on the website of this Institution www.bcra.gob.ar, accessing “Financial System - LEGAL AND REGULATORY FRAMEWORK - Orders and summaries - Consolidated texts of general regulations”, the modifications made with texts highlighted in special characters (strikethrough and bold) will be found. We salute you attentively. CENTRAL BANK OF THE ARGENTINE REPUBLIC Rubén D. Narduzzi Marina Ongaro Main Manager of Litigation Affairs Deputy General Manager of Financial Regulation
ANNEX
1.1. Summaries provided for in article 41 of Law 21.526.
1.1.1. Scope of application.
The present procedure applies to the summaries that the Central Bank of the Argentine Republic (BCRA) processes in accordance with article 41 of the Financial Entities Law (LEF) 21.526 to:
1.1.1.1. Legal and natural persons subject to the scope of application of the cited law and/or reached according to its provisions, including those regarding which it has been decided to extend its terms, in accordance with article 3° of the LEF.
1.1.1.2. Natural persons eventually responsible for the transgressions that are the subject of the summaries.
1.1.1.3. Offenders of the norms of articles 19 and 38 of the LEF.
1.1.2. Initiation and processing of the summary.
1.1.2.1. The summary is initiated by resolution of the Superintendent of Financial and Currency Entities.
1.1.2.2. The judgment of presumed infractions of minimum gravity will be processed in a very summary manner; once the formal opening of the summary is ordered, exceptions of prior and special pronouncement will not be admissible; after the transfer of the charges, the deadline to present defenses, offer evidence, and attach documentation will be five (5) days.
Once the defense is produced, after the fixed deadline has passed or once the relevant evidence that has been declared admissible has been produced, a deadline of five (5) days will be provided for the defendants to present an argument, and, after said presentation or after the deadline for doing so has passed, the Superintendent of Financial and Currency Entities will adopt a resolution.
1.1.2.3. In other cases, the SEFYC will notify the defendants of the opening of the summary at the address referred to in point 1.1.4. The deadline to review the file, present defenses, and offer evidence will be 10 (ten) days counted from the day following the relevant notification. The review of the file must be conducted at the premises of the BCRA.
In cases where the defendant is domiciled outside a radius of 100 (one hundred) kilometers from the Autonomous City of Buenos Aires, the aforementioned 10 (ten) day deadline will be extended at a rate of 1 (one) day for every 200 (two hundred) kilometers or fraction thereof that does not fall below 100 (one hundred) kilometers. In cases where the defendant is domiciled outside the territory of the Argentine Republic, the deadline to review the file, present defenses, and offer evidence will be 45 (forty-five) days counted from the day following the relevant notification. The review of the file must be conducted at the premises of the BCRA.
B.C.R.A.
DISCIPLINARY REGIME UNDER THE RESPONSIBILITY OF THE CENTRAL BANK OF THE ARGENTINE REPUBLIC (LAWS 21.526 AND 25.065) AND PROCESSING OF CURRENCY SUMMARIES (LAW 19.359)
Section 1. Procedure for the processing of summaries.
Version: 4th COMMUNICATION “A” 8248 Validity:
03/06/2025 Page 1
1.1.3. Agents and Authorized Representatives.
1.1.3.1. Natural and legal persons may appoint agents to act and represent them in all stages of the proceedings. Agents must prove their authority from the first action they undertake on behalf of their principals, by means of a certified copy of the power of attorney executed in legal form, or a private instrument with signatures certified by a public notary, which shall be attached to the records; or by means of a record in which the respondents grant sufficient mandate with all practice powers to carry out the entire processing of the file, drawn up before the official handling the matter at the SEFYC. Once the conferred representation has been proven or materialized, citations and notifications, even those of final resolutions, produce the same effects as if they were made to the grantor.
The respondents and/or their agents may appoint authorized representatives to inspect the file and/or withdraw copies, in which latter case the party shall be notified of the proceedings as if they were the grantors.
1.1.3.2. The appointment of an agent does not relieve the respondent of their appearance before the SEFYC, whenever the latter deems it necessary.
1.1.4. Domicile.
1.1.4.1. Notifications shall be sent to the domicile that the respondents have established before the SEFYC through Form 1113 A and/or its equivalent in the respective mandatory electronic submission platform; in its absence, they shall be carried out at the domicile that corresponds on reasonable grounds.
1.1.4.2. In the first action taken in the proceedings by the respondent or their agent, they must declare their real domicile, attach a photocopy of their ID, and establish an electronic domicile, as established in Section 7.
1.1.4.3. If the domicile of the respondents is unknown in any way, notifications giving notice of the resolution shall be made by edict published in the Official Gazette of the Argentine Republic for three (3) days.
1.1.5. Notifications.
Notifications may be made by any means that provides certainty of the date of receipt of the instrument and, if applicable, the content of the closed envelope if it is used.
It may be carried out:
a) By direct access of the interested party, their agent or legal or authorized representative to the file, leaving an express record and prior justification of the identity of the notified party; a full copy of the act shall be certified, if requested. b) By spontaneous presentation of the interested party, their agent or legal representative, from which it results that they have reliable knowledge of the respective act. c) By summons, which shall be processed in a manner similar to that provided for in articles 140 and 141 of the Civil and Commercial Procedural Code of the Nation. d) By telegram with delivery notice. e) By certified letter with receipt notice; in this case, the letter and attached documents must be exhibited in an open envelope to the authorized postal agent, before dispatch, who will stamp them together with the copies that will be added to the file. f) By registered letter. g) By the means indicated by the postal authority, through its concessionaires, in accordance with the regulations it issues. h) By notification to the electronic domicile, as established in Section 7. In the cases of notification of the resolution opening the financial summary and/or the final resolution in summaries initiated for non-compliance classified as very high or high gravity, the Superintendent of Financial and Foreign Exchange Entities may order that such resolution be personally notified to the highest authority of the entity regulated by the BCRA.
1.1.6. Deadlines.
1.1.6.1. All deadlines are calculated in valid banking business days in the Autonomous City of Buenos Aires.
Deadlines begin to run from 0:00 hours on the day following the notification and expire at 24:00 hours on the day of their expiration. However, any written submission delivered within the first 2 hours of the banking hours on the next business day after the deadline expired shall be considered validly presented. To establish due compliance with deadlines, the date and time of entry of any submission in the BCRA's Front Desk records shall be taken into account.
1.1.6.2. All deadlines shall be peremptory and non-extendable.
1.1.6.3. Summer and winter administrative holidays shall apply for the processing of summaries in coincidence with the judicial holidays established by the Supreme Court of Justice of the Nation. This is without prejudice to the attention of urgent cases that warrant the activation of deadlines.
1.1.7. Evidence. Argument.
1.1.7.1. At the time of presenting defenses and arguing pertinent defenses, all evidence to be produced must be offered and the documentary evidence available must be attached. If this is not available to the respondent, it must be itemized, indicating its content, location, and the person in whose possession it is.
When documentary evidence in a foreign language is incorporated, its translation by a licensed public translator must be attached, under penalty of having it considered not presented, unless, by its nature, the content from which the respondent intends to rely is manifestly clear according to the argument. This is without prejudice to the power of the SEFYC to order the incorporation of translated documentation in the national language, for which it will grant a reasonable deadline. The SEFYC will order the production of evidence that proves relevant and will reject, on justified grounds, that which is deemed irrelevant. The resolution denying evidence is appealable only on the occasion of the appeals provided for in article 42 of the LEF. The production of admitted evidence must be carried out within a period of 15 (fifteen) days, as determined by the SEFYC in accordance with the circumstances inherent to the processing of the summary. During the evidence period, resolutions shall be deemed tacitly notified, and Tuesdays and Fridays shall be considered viewing days, or the next business day if any of them is a holiday.
1.1.7.2. The evidence of reports must concern concrete facts, clearly itemized and disputed in the proceedings; its processing shall be the responsibility of the offeror and its production must be sought within the agreed term.
The letters shall be signed, stamped, and processed by the attorney representing the respondent, with a transcription of the resolution ordering them and fixing the deadline for their submission. When professionals deviate from what is established in the order or legal forms in the drafting of the letters, the corresponding measures shall be adopted to make their disciplinary responsibility effective. If, upon expiration of the deadline set to answer the reports, public offices and/or private entities have not sent them, the evidence requested by the party shall be considered withdrawn without any processing, if within the third day after the expiration they do not request its reiterating. The request for a reiterating letter shall be admissible up to two times.
1.1.7.3. When the offered evidence includes witness testimony, at the time of presenting the defenses, the list or questionnaire according to which the offered witnesses are to be interrogated must be attached.
The number of witnesses must not exceed 2 (two) per fact to be proven nor 20 (twenty) in total. The offering of witnesses must be made with expression of their names, profession, and updated domicile, with their appearance in all cases being the responsibility of the offeror. A witness shall be considered withdrawn without any processing if the denounced data do not allow for their identification, or if the relevant interrogation is not attached at the time of presenting the defense, or if they do not appear without justified cause duly accredited at the time of the first scheduled hearing or its supplementary. The lists or questionnaires presented in closed envelopes shall be opened to evaluate whether the offered measure is relevant, leaving a record of the opening in the minutes. After this procedure is completed, the lists shall be reserved again.
1.1.7.4. Expert evidence shall be admitted when, in the opinion of the Institution, there are doubts regarding the authenticity of the attached documentation or any other issue to be resolved by this means of proof.
The maximum deadline to produce technical reports shall be 20 (twenty) days, which may be extended if there are reasonable grounds and at the request of the party responsible for producing them, for the reasonable time necessary, to safeguard the right of defense of the respondents.
1.1.7.5. Once all evidence has been produced, the order closing the corresponding period shall be issued, which shall be notified to the respondents, so that within the deadline of 10 (ten) days they may present arguments on the evidence offered and produced during the processing of the summary.
1.1.7.6. If prior to the issuance of the final report on the proceedings provided for in point 1.1.10., the Financial Litigation Management considers it necessary to produce any additional evidentiary measure, it may order it as a measure for better provision, which shall be produced with notification to the interested parties, and the provisions regarding appeals in point 1.1.7.1 shall apply to this measure.
1.1.8. Exceptions.
The exceptions raised by the respondents are decided in the final resolution, unless their nature requires them to be considered and resolved beforehand.
These resolutions are adopted by the Superintendent of Financial and Foreign Exchange Entities.
In the event that the exception is rejected prior to the final resolution, such decision shall be appealable on the occasion of the appeals raised in terms of article 42 of the LEF.
1.1.9. New Charges or Modification of Charges.
When from the summary activity or inspection or any other preventive area the existence of other infractions arises that, due to their characteristics, have sufficient entity to justify the formulation of imputations different from those already made or a sensitive aggravation of these, it shall proceed, in the manner provided for in point 1.1.2., to incorporate them into the summary as an expansion of charges or modification of those already summarized, or to instruct a new summary by separate file. In the case of being incorporated into the pending summary, if the respondent(s) have already viewed the previous charges, a new view of the added or modified charges shall be granted, according to the procedure regulated by these rules.
1.1.10. Final Report on the Proceedings. Draft Resolution. Reservation. Notifications.
Upon receipt of the defenses, production of the relevant evidence, and performance of all diligences and actions considered necessary and appropriate to gather records and elements of judgment, the SEFYC through the Financial Litigation Management will produce the draft resolution in which the conclusions resulting from the proceedings are formulated. From the incorporation of the aforementioned draft, the proceedings become reserved, and the respondents may only have access to what was done previously. Subsequent submissions will be reserved in the Financial Litigation Management for their timely incorporation into the proceedings, subject to the analysis that the Superintendent of Financial and Foreign Exchange Entities has not issued the resolution implying the conclusion of the summary. In other cases where total or partial reservation of the proceedings is appropriate, the provisions of point 1.1.11.7 shall apply. All notifications shall be made by one of the means provided for in point 1.1.5. to the domicile corresponding as indicated in point 1.1.4.
1.1.11. Additional Provisions for the Processing of Summaries in Digital Format.
Summaries whose instruction is ordered from 1/2/22 shall be processed entirely in digital format, through the Electronic Document Management application (GDE), complying with the following:
1.1.11.1. During the processing of the summaries, all written submissions and documents –defenses, offering of evidence, petitions, appeals, powers, documentary evidence, records of evidence processing, lists or questionnaires of witnesses, arguments, and any others– presented by the respondents, their agents and/or their attorneys, must be entered through the BCRA Front Desk, with the appropriate identification of the summary or file to which they correspond, in paper format. A receipt of reception shall be delivered to the presenter. These written submissions and documents will be digitized and incorporated into the electronic file via a “.pdf” file.
In the same manner, the receipt of informative, expert, or testimonial evidence shall be processed, with the corresponding record for the latter being drafted in paper format, which shall be signed by the witness, the attorneys, and the respondent for subsequent digitization and incorporation into the electronic file. In the case of testimonial evidence, if the list or questionnaire according to which the offered witnesses are to be interrogated is presented in a closed envelope, the provisions of point 1.1.7.3 shall apply to it.
1.1.11.2. All actions of the intervening officials shall be carried out in the GDE system and signed with electronic signature, with the exception of the resolutions of the Superintendent of Financial and Foreign Exchange Entities mentioned in point 1.1.2.1. and the first paragraph of Section 2., which shall be signed with digital signature.
1.1.11.3. For the case contemplated in point 1.1.4.3., a digitized copy of the edicts and the records of their publication shall be incorporated into the digital file.
1.1.11.4. To proceed with notifications in the manner provided for in point 1.1.5. item a), access to the digital file shall be made through a terminal located in the Front Desk of the Financial Litigation Management. At the request of the interested party, a total or partial copy in electronic format of the digital file shall be delivered on a storage device provided by the interested party.
1.1.11.5. When the notification is made by any of the forms mentioned in point 1.1.5. items a) and b), the record of the notification shall be made in paper format and digitized for incorporation via a “.pdf” file into the digital file.
1.1.11.6. The record of sending and/or receipt and/or rejection of the notification made by the means indicated in point 1.1.5. items c), d), e), f) and g) shall be digitized for incorporation via a “.pdf” file into the digital file.
When the notification is made by the means mentioned in point 1.1.5. item h), the official handling the matter may digitize and incorporate in the same manner any courtesy notice or message that the BCRA may send.
1.1.11.7. In the case where total or partial reservation of the summary proceedings is appropriate against a request for viewing by someone claiming a legally protected interest, this shall be processed in the manner provided for by the Regulation of the National Administrative Procedures Law (Decree 1.759/72 – TO 2017), within the same summary and in digital format. If the reservation is total, the reserved digital document shall be excluded at the time of granting the view, according to the procedure provided for in point 1.1.11.4. If the reservation is partial, a digital copy via a “.pdf” file of the corresponding document shall be incorporated into the summary, with the reserved parts redacted.
1.1.11.8. In the case of appeal before the National Court of Appeals in Federal Administrative Litigation in accordance with the provisions of article 42 of Law 21.526 and in “Section 5. Financial Summaries. Appeal Routes” of this document, the Financial Litigation Management shall send the proceedings in digital format to said Court in accordance with the procedure established by the Judiciary for this purpose. In the event that paper format presentation is requested, a copy in that format of the entire digital file certified by an agent of the Financial Litigation Management shall be sent.
1.1.11.9. Without prejudice to their digitization for incorporation via “pdf” file, all documents mentioned in point 1.1.11. shall be preserved in their original format in the Financial Litigation Management and in a properly identified folder linked to the summary.
1.2. Summaries provided for in Law 19.359.
Proceedings initiated with the conclusions of inspection and control and their incidents in terms of Law 19.359 (T.O. Decree No. 480/95), whose instruction is ordered from 1.4.23, shall be processed in the scope of the Foreign Exchange Litigation Management entirely in digital format, through the GDE application, complying with the provisions of the following point. Those instructed prior to that date shall continue to be processed at the BCRA in paper format. For the purposes mentioned in the previous paragraph, the Report and other proceedings by which the file is placed in a pre-summary situation shall be sent by the preventive area to the Foreign Exchange Litigation Management electronically through the GDE application. This preventive area shall preserve in a properly identified folder linked to the proceedings any element and/or documentation originally collected in a non-electronic format.
1.2.1. The processing of summaries in digital format shall observe the following:
1.2.1.1. During the processing of the summaries, all documents, elements, and presentations in paper format that are to be incorporated into the file shall be entered through the Front Desk for digitization. The Front Desk shall deliver a receipt of reception to the presenter.
In the same manner, the receipt of informative, expert, or testimonial evidence shall be processed, with the corresponding record for the latter being drafted in paper format, which shall be signed by the witness, the attorneys, and the respondent for subsequent digitization and incorporation into the digital file. In the case of testimonial evidence, the list or questionnaire according to which the offered witnesses are to be interrogated shall be presented at the Front Desk, who shall send it, in the state in which it was received, together with the written submission with which it was presented to the Foreign Exchange Litigation Management. In said management, it shall be preserved in a closed envelope in a folder to be opened at the time of producing the testimonial evidence and digitized together with the record. The date recorded in the record shall be valid regardless of the date of its digitization.
1.2.1.2. All actions of the intervening officials shall be carried out in the GDE system and signed with electronic signature, with the exception of the resolutions of the Superintendent of Financial and Foreign Exchange Entities, which shall be signed with digital signature.
Sin perjuicio de its digitalization for incorporation via a ".pdf" file, all documents mentioned in point 1.2. shall be archived in their original format in the Office of Contencious Foreign Exchange Affairs in a file duly identified as linked to the summary.
1.2.1.3. In the case of notification by means of an edict, a digitized copy of the edict and the records of its publication shall be incorporated into the digital file.
1.2.1.4. To proceed with notifications by means of direct access by the interested party/summarized, their legal representative, designated defender, attorney, or authorized person, access to the digital file shall be obtained through a terminal located at the Entry Desk of the Office of Contencious Foreign Exchange Affairs. At the request of the interested party, a total or partial electronic copy of the digital file shall be delivered on a storage device provided by the interested party. In this case, the record of notification shall be made in paper format and digitized for incorporation via a ".pdf" file into the digital file.
1.2.1.5. The record of sending and/or delivery and/or receipt and/or rejection of the notification made by cédula or carta documento shall be digitized for incorporation via a ".pdf" file into the digital file. When the notification is made to the constituted electronic domicile, the acting official shall digitize and incorporate in the same manner any notice or courtesy message that the BCRA may send.
1.2.1.6. In cases where incidents are formed, they shall be processed via a separate electronic file, linked to the main file through the pertinent cross-references, leaving a record of their formation and final resolution in the main file.
1.2.1.7. For the purposes set forth in article 8, third paragraph, last part and item e), article 16, and article 17, item b), last part, all of Law 19.359 and in any other case where the proceedings are required by the Judiciary, the Office of Contencious Foreign Exchange Affairs shall send the proceedings to the corresponding Court in digital format in accordance with the procedure established by the Judiciary for this purpose. In the event that presentation in paper format is requested, a copy in that format of the entire digital file certified by an agent of the Office of Contencious Foreign Exchange Affairs shall be sent.
B.C.R.A.
DISCIPLINARY REGIME OF THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA (LAWS 21.526 AND 25.065) AND PROCESSING OF FOREIGN EXCHANGE SUMMARIES (LAW 19.359)
Section 1. Procedure for the processing of summaries.
Version: 2nd. COMMUNICATION “A” 8248 Validity:
03/06/2025 Page 9
2.2.1.2. The Catalog of infractions of Section 10 establishes the maximum number of Sanctioning Units applicable to each of the infractions detailed therein according to the type of entity or subject reached by the sanctioning power of the BCRA.
For these purposes, two groups of entities and subjects reached by the sanctioning power of the BCRA are distinguished in the table. Group A is composed of financial entities, their external auditors, representations of foreign financial entities, and other unregulated subjects, and Group B is composed of foreign exchange entities, their external auditors, and other reached subjects, the latter always provided that the infraction relates to the specific regulations of this BCRA applicable to them; otherwise, they are considered unregulated subjects.
2.2.1.3. In cases where the benefits derived from the infraction can be quantified or estimated, fines of 1 (one) to 5 (five) times the amount of said benefits shall be imposed, provided they were higher than the fines resulting from applying the scale provided in point 2.2.1.1.
2.2.1.4. In the case of very high and high gravity infractions, the Board of Directors may, at the request of the Superintendent of Financial and Foreign Exchange Entities, additionally order the revocation of the authorization to operate of subjects authorized by the BCRA.
2.2.2. Natural persons.
2.2.2.1. Regardless of the sanction that may correspond to be imposed on the infringing legal entity, the sanctions provided for in points 2.1. to 2.3. shall be imposed on natural persons who are responsible for action or omission of the infractions.
In the case of low and minimum gravity infractions, natural persons may only be sanctioned in cases that evidence an active or omitting policy of non-compliance or in cases of repetition of infractions or recidivism.
2.2.2.2. In the case of very high gravity infractions, the sanction of disqualification of natural persons shall additionally be ordered in accordance with article 41, item 5° of the LEF and article 5° of Law 18.924, permanently or temporarily, in the latter case for a period not exceeding six (6) years.
Only for duly justified reasons may the measure of disqualification of natural persons sanctioned for the commission of very high gravity infractions be exempted.
2.2.2.3. In the case of high and medium gravity infractions, the sanction of disqualification of natural persons may additionally be ordered in accordance with article 41, item 5° of the LEF and article 5° of Law 18.924, permanently or temporarily, in the latter case for a period not exceeding six (6) years.
B.C.R.A.
DISCIPLINARY REGIME OF THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA (LAWS 21.526 AND 25.065) AND PROCESSING OF FOREIGN EXCHANGE SUMMARIES (LAW 19.359)
Section 2. Financial Summaries. Resolution Instance. Sanctions.
Version: 3rd. COMMUNICATION “A” 8248 Validity:
03/06/2025 Page 2
2.3.1.2. Damage caused to third parties.
For these purposes, among other elements that denote undue economic detriment, the monetary sums that, for any concept, within the characteristics of the infringing conduct, the summarized party failed to pay to this Institution or to natural or legal persons who had a relationship with the summarized entity shall be taken into account.
2.3.1.3. Benefit generated for the infringer.
The verification of the benefit obtained due to the configuration of the infraction, both for the summarized entity and for the natural persons responsible for the transgression or for the natural and/or legal persons linked to them in accordance with BCRA regulations, shall be considered, determining the monetary amount of said benefit in each particular case.
2.3.1.4. Operational volume of the infringer.
Its measurement is reserved to fix the sanction in summaries ordered when the exercise of unauthorized financial intermediation is detected.
2.3.1.5. Computable Patrimonial Responsibility (RPC) of the entity.
For the purpose of determining the fine, the RPC reported by the summarized entity to this Institution at the time the sanction is graduated or the higher declared during the entire period in which the infringing facts occurred, whichever is greater, may be considered.
2.3.2. Other weighting factors.
2.3.2.1. Mitigating factors:
a) Recognition of the infringing conduct, cooperation, and adoption of corrective measures before or after the opening of the summary. b) Clear demonstration of the proper functioning of internal controls. c) Payment of charges in a timely and proper manner. d) Detection and reporting to the BCRA by the summarized party of the non-compliance and immediate remediation thereof.
2.3.2.2. Aggravating factors:
a) Commission with deliberate knowledge or through the use of tricks intended to conceal the non-compliance. b) Prior warnings from the BCRA and other summary records with knowledge of the summarized party that contained a sanction, but which are not computable for the purposes of recidivism in accordance with point 2.5. c) Continuation of the infraction after being warned by the BCRA.
B.C.R.A.
DISCIPLINARY REGIME OF THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA (LAWS 21.526 AND 25.065) AND PROCESSING OF FOREIGN EXCHANGE SUMMARIES (LAW 19.359)
Section 2. Financial Summaries. Resolution Instance. Sanctions.
Version: 4th. COMMUNICATION “A” 8248 Validity:
03/06/2025 Page 4
2.3.3. Regarding natural persons, the time span of action within the entity relative to the total infringing period, in case they do not coincide, as well as the degree of intervention in the investigated facts, shall also be taken into account.
2.3.4. The provisional score made by the preventive area regarding each infraction must be confirmed or rectified in the final resolution of the summary considering the defenses and evidence produced in the respective stage, promoting the application of a fine according to the following detail:
Score Cases where the benefit derived from the infraction cannot be quantified 1 Up to 20% of the applicable scale 2 Between 21% and 40% of the applicable scale 3 Between 41% and 60% of the applicable scale 4 Between 61% and 80% of the applicable scale 5 Between 81% and 100% of the applicable scale
Gravity Cases where the benefit derived from the infraction can be quantified (*) Low Between 1 and 2 times the amount of the benefit Medium Between 2 and 3 times the amount of the benefit High Between 3 and 4 times the amount of the benefit Very high Between 4 and 5 times the amount of the benefit
(*) When it is necessary to apply this criterion in accordance with point 2.2.1.3.
The benefit shall be converted into Sanctioning Units considering its value at the date of conclusion of the infringing period. To determine the amount of the fine, that quantity of Sanctioning Units shall be taken at its value at the date of the issuance of the Final Resolution.
2.4. Limits
2.4.1. The fines imposed on financial entities when the benefits derived from the infraction cannot be quantified shall not exceed certain percentages of the RPC of the entity, taking the higher of the infringing period and the last available at the time of adopting the sanction, according to the gravity of the infraction and according to the following detail:
Magnitude of the infraction Percentage of RPC that the fine may not exceed Very High 80 % High 60 % Medium 40 % Low 20 %
B.C.R.A.
DISCIPLINARY REGIME OF THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA (LAWS 21.526 AND 25.065) AND PROCESSING OF FOREIGN EXCHANGE SUMMARIES (LAW 19.359)
Section 2. Financial Summaries. Resolution Instance. Sanctions.
Version: 5th. COMMUNICATION “A” 8248 Validity:
03/06/2025 Page 5
2.4.2. The fines imposed on foreign exchange entities when the benefits derived from the infraction cannot be quantified, regardless of their gravity, shall not exceed 80% of the RPC required for exchange houses or agencies, as applicable, in Section 3. of the ordered text (TO) on Foreign Exchange Operators.
2.4.3. The fine shall not be subject to the limits mentioned in points 2.4.1. and 2.4.2. preceding when a significant decrease in the RPC of the financial or foreign exchange entity, due to causes directly attributable to it, coincided with the beginning or development of the infringing periods.
2.4.4. The fines imposed on unregulated legal entities by the BCRA shall not exceed 80% (eighty percent) of their net worth at the time of application of the sanction, except for marginal operations where this limit shall not apply.
However, in any case, the fine shall not be less than the number of sanctioning units indicated below, considering the definitive gravity given to the non-compliance:
Gravity Minimum sanctioning units
Low 10
Medium 15
High 20
Very high 25
2.4.5. The fines imposed on natural persons considered jointly shall not exceed:
a) in very high gravity infractions, 3 times the amount of the fine imposed on the legal entity; b) in high gravity infractions, 2 times the amount of the fine imposed on the legal entity; and c) in medium and low gravity infractions, 1 time the amount of the fine imposed on the legal entity.
2.4.6. In turn, each of the fines imposed on natural persons shall not exceed the amount of the fine imposed on the legal entity.
2.5. Recidivism
2.5.1. Those sanctioned by a final resolution who commit new infractions within the 5-year period following said decision shall have an increase of up to 40% of the fines imposed on them.
In the case of second recidivism, the fines to be applied may be increased by up to 100%.
2.5.2. The application of increases for recidivism is not subject to the limits of point 2.4.
2.6. Plurality of charges
When more than one infraction has been imputed for the same fact or conduct, the scale corresponding to the most serious non-compliance shall be applied, with the rest of the non-compliances being subsumed in the most serious one, without prejudice to their weighting as aggravating factors under point 2.3.1.1. In turn, when more than one infraction has been imputed in the same summary regarding different facts or conduct, a sanction shall be applied for each of them, but the fine sanctions may not jointly exceed the limits provided in point 2.4. for very high gravity infractions, regardless of the magnitude of each of them.
B.C.R.A.
DISCIPLINARY REGIME OF THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA (LAWS 21.526 AND 25.065) AND PROCESSING OF FOREIGN EXCHANGE SUMMARIES (LAW 19.359)
Section 2. Financial Summaries. Resolution Instance. Sanctions.
Version: 1st. COMMUNICATION “A” 8248 Validity:
03/06/2025 Page 7
Resolutions that initiate or conclude summary processes processed by the BCRA under article 41 of the LEF shall be made known on the institutional website.
4.1. Regarding resolutions that conclude summary processes, it shall be indicated whether they are final or not.
4.2. It shall be made known, whether final or not, by communication addressed to the entities included in the LEF and Law 18.924, the following sanctions:
4.2.1. Revocation of the authorization to operate.
4.2.2. Temporary or permanent disqualification to serve as promoters, founders, directors, administrators, members of supervisory boards, auditors, liquidators, managers, auditors, partners, or shareholders of the entities included in the LEF and Law 18.924.
4.3. If for any reason a resolution is modified, the corresponding dissemination shall be made through the same means used to communicate the originally resolved matter.
B.C.R.A.
DISCIPLINARY REGIME OF THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA (LAWS 21.526 AND 25.065) AND PROCESSING OF FOREIGN EXCHANGE SUMMARIES (LAW 19.359)
Section 4. Financial Summaries. Publicity of resolutions.
Version: 3rd. COMMUNICATION “A” 8248 Validity:
03/06/2025 Page 1
The appeal routes admissible for the imposition of sanctions resolved in accordance with article 41 of the LEF shall be those provided for in article 42 of the cited legal body, in accordance with what is provided in article 25 bis of Law 19.549 regarding the time limit for the filing of judicial appeals. The sanctions of attention call and warning provided for in items 1) and 2) of article 41 of the LEF are only appealable by revocation before the Superintendent of Financial and Foreign Exchange Entities. Those sanctions referred to in items 3), 4), 5), and 6) of the cited article are appealable, solely for the devolutive effect, before the National Court of Appeals in Federal Administrative Matters. In the case of item 6), until the appeal is resolved, said court shall order the judicial intervention of the entity, substituting the legal representatives in their rights and powers. Revocation appeals must be filed and justified before the BCRA within 15 (fifteen) business days from the date of notification of the resolution. If the appeal is an appeal, it must be filed and justified before the BCRA within 30 (thirty) judicial business days calculated from the date of notification of the resolution, and the proceedings must be elevated to the court within 5 (five) business days following.
B.C.R.A.
DISCIPLINARY REGIME OF THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA (LAWS 21.526 AND 25.065) AND PROCESSING OF FOREIGN EXCHANGE SUMMARIES (LAW 19.359)
Section 5. Financial Summaries. Appeal Routes.
Version: 4th. COMMUNICATION “A” 8248 Validity:
03/06/2025 Page 1
B.C.R.A.
ORIGIN OF THE PROVISIONS CONTAINED IN THE ORDERED TEXT ON THE DISCIPLINARY REGIME OF THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA (LAWS 21.526 AND 25.065) AND PROCESSING OF FOREIGN EXCHANGE SUMMARIES (LAW 19.359)
Ordered Text Origin Norm Observations Section Point Paragraph Com. Chapter Point Paragraph 1.
1.1. “A” 6167 1.
1.1.1. “A” 6167 1.
1.1.2. “A” 6167 1. According to Com. “A” 6421 and 8248.
1.1.3. “A” 6167 1.
1.1.4. “A” 6167 1.
1.1.5. “A” 6167 1. According to Com. “A” 8248.
1.1.6. “A” 6167 1.
1.1.7. “A” 6167 1. According to Com. “A” 8248.
1.1.8. “A” 6167 1.
1.1.9. “A” 6167 1.
1.1.10. “A” 6167 1. According to Com. “A” 8248.
1.1.11. “A” 7450 According to Com. “A” 8248.
1.2. “A” 7710 1. and 2.
2.
2.1. “A” 6167 1.
2.2. “A” 6167 1. According to Com. “A” 6809 and 8248.
2.3. “A” 6167 1. According to Com. “A” 6809 and 8248.
2.4. “A” 6167 1. According to Com. “A” 6809, 7584 and 8248.
2.5. “A” 6167 1.
2.6. “A” 6167 1.
3.
3.1. “A” 6167 1. According to Com. “A” 6345.
3.2. “A” 6167 1.
3.3. “A” 6167 1. According to Com. “A” 7352.
3.4. “A” 6167 1. According to Com. “A” 6345 and 7352.
3.5. “A” 6167 1. According to Com. “A” 6345 and 7352.
3.6. “A” 6167 1. According to Com. “A” 6345.
3.7. “A” 6167 1. According to Com. “A” 6345 and 7352.
3.8. “A” 6167 1. According to Com. “A” 6345 and “C” 80982.
3.9. “A” 6345 9. According to Com. “A” 6421, 7352 and “C” 80982.
3.10. “A” 6167 1. According to Com. “A” 6345 and 7352.
3.11. “A” 6167 1. According to Com. “A” 7352.
3.12. “A” 6167 1.
3.13. “A” 6167 1.
3.14. “A” 6167 1.
3.15. “A” 6167 1. According to Com. “A” 6345.
3.16. “A” 6167 1.
3.17. “A” 6167 1.
4.
4.1. “A” 6167 1. According to Com. “A” 8248.
4.2. “A” 6167 1. According to Com. “A” 8248.
4.3. “A” 6167 1. According to Com. “A” 8248.
5. “A” 6167 1. According to Com. “A” 6421 and 8248.
6.
6.1. “A” 6167 1. According to Com. “A” 7937.
6.2. “A” 6167 1. According to Com. “A” 7937.
6.3. “A” 6167 1.
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