ARGENTINA Law and Practice Contributed by: Roberto Durrieu, Tomas Guido and Aranzazú Sesma Lasierra, Estudio Durrieu
6.2 Voluntary Disclosure Incentives Enforcement bodies do create incentives for companies and individuals to engage in vol - untary self-disclosure of potential violations of anti-bribery and anti-corruption provisions. Key aspects include the following. • Law No 27,401 this law encourages voluntary self-disclosure by offering potential benefits such as reduced penalties for companies that come forward with information about their own violations. Self-disclosure may lead to more lenient treatment during investigations. • Co-operation benefits the Public Prosecutor’s Office may offer incentives for co-operation, including plea agreements or the possibility of reduced sanctions if the disclosing party provides substantial assistance in investigat - ing broader corruption cases. • Corporate compliance programmes imple - mentation of these can positively influence enforcement outcomes. Companies that proactively address potential violations and disclose them may receive more favourable treatment, as it demonstrates a commitment to ethical conduct. • Judicial guidance courts and prosecutors have indicated through various rulings that voluntary disclosure can mitigate conse - quences, encouraging entities to take respon - sibility for their actions. 6.3 Self-Disclosure Procedures The self-disclosure process for potential viola - tions of anti-bribery and anti-corruption provi - sions typically involves the following steps. • Internal investigation companies should con - duct an internal investigation to gather facts and assess the extent of the potential viola - tion. This includes reviewing documentation and interviewing relevant personnel.
• non-compliance with internal rules and proce - dures; • the number and hierarchy of officials, employ - ees and collaborators involved in the crime; • any lack of vigilance over the activity of the perpetrators and participants; • the extent of the damage caused; • the amount of money involved in the commis - sion of the crime; • the size, nature and economic capacity of the legal person; • spontaneous reporting to the authorities by the legal person as a consequence of an internal detection or investigation activity; • subsequent behaviour; • the willingness to mitigate or repair the dam - age; and • recidivism. These guidelines, for the assessment of appro - priate penalties, are in accordance with Law No 27,401. 6. Disclosure Processes 6.1 Disclosure Obligations The obligation to report only applies to those who are public officials. Likewise, those who are legally in a position of guarantor with respect to unlawful acts commit - ted by a legal entity or by an individual under their supervision must report the offence to avoid being held individually liable. However, the legal person has incentives to spontaneously report a crime that it knows of because of its own internal detection and inves - tigation activity if it intends to obtain a penalty exemption.
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