2018 - YEAR OF THE CENTENARY OF THE UNIVERSITY REFORM

COMMUNICATION “A” 6609
07/12/2018

TO FINANCIAL INSTITUTIONS:

Ref.: Circular
RUNOR 1 - 1432

Financial secrecy. Clarifications.

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We address you in order to clarify that financial secrecy does not apply to requests for information from the National Social Security Administration (ANSES), consisting of data relating to the place, day and time of withdrawals or other transactions involving the withdrawal of funds (type of transaction, date, time and amount) by beneficiaries of accounts in which the agency deposits funds.

On the contrary, data that allow the identification of the accounts where the funds of the transactions mentioned in the preceding paragraph or other passive operations of their holders are credited are covered by financial secrecy.

Consequently, we send you in annex the sheets that, in replacement of those opportunely provided, should be incorporated into the rules on “Financial secrecy”. Likewise, it is recalled that on the page of this Institution www.bcra.gob.ar, by accessing “Financial System – LEGAL AND REGULATORY FRAMEWORK – Ordering and summaries – Ordered texts of general regulations”, you will find the modifications made with texts highlighted in special characters (strikethrough and bold).

We greet you attentively.

CENTRAL BANK OF THE ARGENTINE REPUBLIC

Mirta M. Noguera
Applications Manager
Regulations

Darío C. Stefanelli
Principal Manager of Issuance and
Regulatory Applications

ANNEX

B.C.R.A.
FINANCIAL SECRECY

− Originating entity of the information.

− Receiving entity of the information.

− Name or denomination of the client about whom information will be provided.

− Reason for which the data are required, as well as what will be their subsequent treatment.

− Passive operation included.

− Commitment of the receiving entity not to give the information any use other than the referred one and to keep regarding it the legal secrecy.

− Signatures and clarifications of persons authorized to commit the entities.

3. Special situations.

The financial secrecy referred to in this regime does not apply to the information provided –in what is pertinent– as a consequence of the stock market negotiation of deferred payment checks, under the regulatory conditions established in the “Regulation of the bank current account”.

Financial secrecy also does not apply to requests for information from the National Social Security Administration (ANSES), consisting of data relating to the place, day and time of withdrawals or other transactions involving the withdrawal of funds (type of transaction, date, time and amount) by beneficiaries of accounts in which the agency deposits funds.

On the contrary, data that allow the identification of the accounts where the funds of the transactions mentioned in the preceding paragraph or other passive operations of their holders are credited are covered by financial secrecy.

Version: 4th COMMUNICATION “A” 6609
Effective:
8/12/2018
Page 2

B.C.R.A.
ORIGIN OF THE PROVISIONS CONTAINED IN THE RULES ON “FINANCIAL SECRECY”

ORDERED TEXT			ORIGIN RULE			OBSERVATIONS
Point	Paragraph	Commun.	Chapter	Point	Paragraph
1.	1st	"A" 90	XIV	1.	1st	Law of Financ. Ent., art. 39, paragraph 1, according to Law 24.144, art. 3.
	2nd	"A" 90	XIV	1.4.	2°
2.	1°	"A" 90	XIV	1.	2°
2.1.		"A" 90	XIV	1.1.
2.2.		"A" 90	XIV	1.2.
2.3.		"A" 2129
2.4.	1°	"A" 90	XIV	1.3.	1°
		"A" 90	XIV	1.3.1.
		"A" 90	XIV	1.3.2.
		"A" 90	XIV	1.3.3.
		"A" 2911				According to Financial Entities Law, art. 39, subparagraph c), last paragraph, amended by Law 24.144, art. 3°.
2.5.	1°	"A" 90	XIV	1.4.	1°	Amended by Financial Entities Law, art. 39, subparagraph d), according to Law 24.144, art. 3°.
	2°	"A" 90	XIV	2.		Incorporates new procedure.
3.		"A" 4010				According to Com. "A" 6339 and 6609.