ARGENTINA Law and Practice Contributed by: Roberto Durrieu, Tomas Guido and Aranzazú Sesma Lasierra, Estudio Durrieu
• Mitigating factors: (a) voluntary self-disclosure under Law No 27,401; (b) c o-operation with the authorities with ongoing investigations, providing evi - dence or assistance could result in lighter sanctions or deferred prosecution agree - ments; and (c) remediation efforts a company demon - strating that it has taken substantial steps to correct misconduct, such as imple - menting enhanced compliance measures, could be considered a mitigating factor. (b) repeat offences; and (c) severity of the offence 7.5 Recent Landmark Investigations or Decisions The most relevant investigation into corruption in recent times was that of the “los cuadernos” case. This is a recognised case of corruption that was subdivided into several different cas - es, where different sections of the systematic manoeuvre of state corruption were investigated (in public works, in tenders, in the sale of land, etc). This investigation is still ongoing. Part of it was brought to trial, another is still being inves - tigated. The corruption matrix discovered here was also related to other transnational cases of corruption such as that of “Odebrecht”; and that gave the Argentine investigation important international significance. Historic sentences are expected in this case against the main defend - ants, some of which have already been deliv - ered. 7.6 Level of Sanctions Imposed The level of sanctions is broad: actual and pre - ventive prison, and house detention in the major - ity of cases. The sanctions range from three • Aggravating factors: (a) delayed reporting;
years to 15 years of prison for individuals. For companies, the sanctions impose the dissolu - tion of the company involved in the manoeuvre.
8. Compliance Expectations 8.1 Compliance Obligations
Law No 27,401 establishes duties for companies to implement compliance programmes aimed at preventing corruption. Key duties are outlined below. Duties to Prevent Corruption • Adoption of a code of conduct: companies are required to establish and disseminate a code of conduct that sets forth ethical stand - ards and expectations for employee behav - iour, particularly regarding anti-corruption. • Internal reporting mechanisms: businesses must implement internal warning systems or whistleblower mechanisms to allow employ - ees to report suspected violations confiden - tially and without fear of retaliation. • Risk mapping: companies are expected to conduct regular risk assessments to identify and evaluate potential vulnerabilities to cor - ruption within their operations, particularly in areas with high exposure to bribery. • Training and awareness: regular training sessions must be provided for employees, particularly those in high-risk positions, to educate them about compliance, ethical behaviour, and the implications of bribery and corruption. • Monitoring and auditing: ongoing monitoring and auditing of compliance programmes are necessary to ensure their effectiveness and to identify any potential breaches or areas for improvement.
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