The Chamber of Deputies approved with modifications the bill that modifies articles 13, 25 and 28 of Law 1,015/1,997, “That prevents and represses illicit acts destined to the legitimization of money or goods”, modified by Laws 3783 /2009 and 6797/2021.
This project consisted of the inclusion of clubs and tobacco companies among the obligated subjects of Seprelad’s money laundering controls. However, with the modifications, it was established that the controls will be carried out by the Ministry of Industry and Commerce (MIC) and not by Seprelad.
DEBATE
Celso Kennedy, a national deputy for the PLRA, asked for the document to be postponed for eight days. This was supported by Édgar Acosta, also a deputy for the PLRA, and Rocío Vallejo, deputy for Patria Querida. However, a motion by the Colorado deputy Justo Zacarías Irún prospered, who requested that the plenary be constituted as a commission and that it be dealt with on the date.
After Zacarías Irún’s motion passed, Antonio Buzarquis, deputy for the PLRA (bench “L”), announced that his bench was going to withdraw from the session so as not to be “accomplices or accessories” in violating a basic principle such as control and transparency.
“We are not going to lend ourselves to this trap,” he said.
Kennedy announced for his part that the multibancada was also withdrawing because they disagreed with the irregular treatment of the document.
Sebastián Villarejo, deputy for the PPQ, argued for his part that before the Senate file arrives, a commission opinion has already been produced in a striking way. “Not having enough time to treat it, we pulled out,” he said.
COLORADO
As the opponents left the session, Basilio “Bachi” Núñez, national deputy for the ANR (Chartism), maintained that Seprelad itself maintained that clubs and tobacco companies should not be among the obligated subjects for money laundering control. At the same time, he pointed out that opponents were “fleeing” so as not to debate.
“We are going to include tobacco companies and national sports. Everyone who drops out is a candidate and it bothers them that a project wants to be treated seriously,” she stated.
The document goes back to the Senate where it was approved by 39 of 45 senators last week. Desirée Masi, national deputy for the Progressive Democratic Party (PDP), announced that the Upper House only needs 23 votes to ratify her version. In case of obtaining it, the document will go directly to the Executive for its promulgation or veto.
LISTS OF OBLIGATED SUBJECTS (SO)
The Obliged Subject (SO) is each natural and/or legal person subject to the obligations established in the national AML/CFT laws.
Law No. 3783/09, amending Law No. 1015/97, establishes in Art. 13.- Obliged subjects the following 19 entities: Banks, finance companies, insurance companies, exchange houses; stock exchanges, investment companies, mandate companies, mutual investment and retirement fund administrators, cooperatives, real estate companies, those that operate games of chance; non-profit organizations (NPOs), pawn shops, government entities; non-financial activities and professions, natural or legal persons who habitually engage in financial intermediation, trading in jewelry, stones and precious metals, art objects and antiques, philatelic or numismatic investment; and, those that carry out acts of commerce in general, that imply transfers of money or values, whether formal or informal, in accordance with the provisions of this law.
