2019 - YEAR OF EXPORT

COMMUNICATION “A” 6714
13/06/2019

TO FINANCIAL INSTITUTIONS,
TO NON-FINANCIAL COMPANIES ISSUING CREDIT CARDS, TO NON-FINANCIAL COMPANIES ISSUING PURCHASE CARDS:

Ref.: Circular
OPASI 2 - 568

Identification of contributions to electoral campaigns. Law 27.504, amending Law 26.215.

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We address you to inform you that this Institution adopted the following resolution:

“1. Provide that, in accordance with the provisions of Law 26.215 –as amended by Law 27.504–, financial institutions and non-financial companies issuing credit and/or purchase cards must:

a) reliably identify those who make private donations or contributions destined for political groups and/or donations to the Permanent Party Fund;

b) report the identity of whoever makes the aforementioned donations or contributions to the recipient political groups or to the National Electoral Directorate, in the case of those destined for the Permanent Party Fund, in accordance with the procedure that the latter establishes for that purpose;

c) allow the reversal of the contribution in the event that it is not accepted by the recipient, without the need to require a statement of cause.

For the purposes of reliably identifying whoever makes donations or contributions, financial institutions and non-financial companies issuing credit and/or purchase cards must arrange the necessary means to obtain and verify –in all cases and without minimum amount limit– the following data: surname and full name or corporate name (as applicable), type and number of document –in the case of natural persons– and unique tax identification key (CUIT) or unique labor identification code (CUIL) or identification key (CDI), as applicable.

The supporting elements and the information media containing the reproductions must be kept by the entities in accordance with the rules on “Instrumentation, conservation and reproduction of documents”.

When the operating modality through which the contribution is made does not provide for the possibility of reversing the operation –such as in the cases of cash or check deposits–, at the time of identifying the donor, the number of the Uniform Banking Key (CBU) of a demand deposit account, opened at any financial institution in the country in their name, must also be obtained, so that, if the contribution is not accepted by the recipient, the political group or the National Electoral Directorate –as the case may be– can process the return of the contribution, by me-

ans of an electronic funds transfer. If they do not have an account opened in their name, they must be required to provide an email address and/or phone num- ber.

In the event that the beneficiary of the contribution requests its reversal and this cannot be materialized (e.g. transfers returned due to closed accounts, credit card account canceled, etc.), financial institutions and non-financial companies issuing credit and/or purchase cards must keep those funds in frozen balances at the disposal of the contributor. In both cases, such situation must be notified to the beneficiary of the contribution by electronic means of communication.

The information on the operation described above must be presented by financial institutions and non-financial companies issuing credit and/or purchase cards upon request of the National Electoral Justice, in accordance with the regime that such body establishes.

2. Establish that financial institutions that open deposit accounts to the order of political groups or electoral alliances, according to the request established for that purpose by the official letter issued by the Federal Court with electoral jurisdiction, must register the following data:

− Name and duration.

The name of the alliance registered with the electoral justice shall be used. As for the duration, it may not exceed 30 consecutive days from the date of the general election or second round or of the primary, open, simultaneous and mandatory elections, as applicable. After that period, the financial institution shall close the account, transferring the remaining funds to the accounts belonging to the political groups that are members of the alliance, in accordance with the proportion corresponding to each party reported at the time of opening.

− Political groups that make up the alliance.

Prior to opening the account of the electoral alliance, the entities must collect the data of the political groups that make it up (name, duration, actual and legal domicile, registration number, and economic-financial managers or treasurers, according to the data on file with the electoral justice), including the unique bank accounts of which they are holders, for the purposes of making the eventual transfers of remaining funds at the time of account closure.

− Actual and legal domicile registered with the electoral justice.

− Registration number in the registry of the electoral justice.

− List of those authorized to operate the account, as provided in articles 27 and 31 of Law 26.215.

3. Provide that in all cases a bank current account or a special current account for legal persons shall be used. Consequently, the use of subaccounts –as provided in article 23 of Decree of the National Executive Branch No. 443/11– shall be considered a strictly operational modality.” Likewise, we inform you that we will subsequently send you the sheets that, replacing those previously provided, must be incorporated into the rules on “Regulation of the bank current account” and “Savings deposits, salary account and special accounts”.

We greet you attentively.

CENTRAL BANK OF THE ARGENTINE REPUBLIC

Darío C. Stefanelli
Principal Manager of Issuance and
Regulatory Applications

Agustín Torcassi
Deputy General Manager of Financial Regulation