ARGENTINA Trends and Developments Contributed by: Aranzazú Sesma Lasierra, Roberto Durrieu and Tomás Guido, Estudio Durrieu
The FATF also questioned the impartiality of the UIF in cases where it was acting as a querellante . This was particularly noticeable in corruption cases, eg, cases targeting the former government were often investigated immediately after a change of govern - ment, even though the alleged facts had been publicly known for some time. However, in cases involving the newly elected Executive Power, the recently nomi - nated members of the UIF would sometimes dismiss charges that had been previously brought by the for - mer UIF staff. The final issue the FATF addressed was the part played by the Advisory Board of the UIF. The UIF’s structure allows for the Head of the UIF (the Presi - dency) to be assisted by an Advisory Board of seven officials. These officials are appointed by the National Executive Power and represent seven departments (the Central Bank of Argentina, the Federal Administra - tion of Public Revenues, the National Securities Com - mission, the Anti-Narcotics Prevention and Repres - sion Secretary, the Ministry of Justice, the Ministry of Finance and the Ministry of Internal Affairs). This Board can intervene in any decision the President of the UIF is required to make and in matters requested by the President. The FATF noted that the part played by this Board could raise concerns regarding the UIF’s independence; however, it concluded that there was no concrete evidence of any interference in practice. For all these reasons, although the overall effective - ness of the system was not called into question, the FATF recommended a change in the UIF’s organisa - tional structure so that its autonomy and operational independence would not be undermined. The Change of Status of “Querellante” for the UIF and Consequences in the Jurisprudence In the Argentine criminal system, the querella consti - tutes the procedural right that allows the victim of a crime, their legal representatives, or heirs to actively intervene in the criminal process as a private accuser. Its purpose is to guarantee the victim’s participation in criminal prosecution, complementing the public action exercised by the Public Prosecutor’s Office. In this way, the complainant may advance the investigation, propose and produce evidence, request measures, file charges, and appeal judicial decisions, seeking both
the punishment of the accused and the protection of their own interests. This institution, primarily governed by the National Code of Criminal Procedure (Articles 82 et seq), reflects the importance of recognising the victim’s active role within the process, in line with the principles of access to justice and effective judicial protection. Following the FATF’s Evaluation of 2024, on 16 April 2025 the National Executive Power of Argentina adopted Decree 274/2025, which stated, among other things, that the UIF would no longer have the authority to act as a querellante (plaintiff) in cases involving ML, TF and PWMD. In this sense, the government redefined the functions, objectives and powers of the UIF to prevent “overlap - ping” powers with other state agencies, such as the Ministry of Justice. In doing so, it repealed Decree No 2226/08, which dated back to 2008, under which the UIF had been granted the role of a prosecutor in the investigation of offences related to the concealment and laundering of assets of illegal origin. The Execu - tive Power emphasised that the prosecutorial role undertaken by the UIF was an isolated case among the FIUs worldwide and it reiterated that it is the Min - istry of Justice that is responsible for promoting the administration of justice in defence of legality and the general interests of society. Additionally, the Decree granted the UIF the power to exchange information with other bodies or pub - lic entities if the UIF considers that such information may assist the receiving authorities in clarifying certain cases or when it may be relevant to issues concerning ML, TF or PWMD. This change of status raises a key question for Argentinian courts as the UIF is currently acting as a querellante in an important number of ongoing cases. Since Decree No 274/2025 does not explicitly state the effect of the change on ongoing cases, eg, if the effect applies retroactively, judges are tasked with deciding whether the UIF should continue to act as a querellante in ongoing proceedings. To date and from what can be observed in recent jurisprudence, there is no clear guidance from the courts on how this issue should be addressed.
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