The City of Buenos Aires is Now Subject to A “Public Integrity” Regime

Law No. 6357, published in the Official Gazette on December 16, 2020, established a “Public Integrity” Regime for the City of Buenos Aires (the “Integrity Regime”), which enumerates the ethical duties of public officials in Buenos Aires, including occupational incompatibilities, mechanisms for managing and preventing conflicts of interests, and relevant sanctions.

In line with the international treaties signed by Argentina and national legislation on the subject, the “Integrity Regime” parts from a material definition of what a public official is and, thus, applies to all those holding public office in the city, regardless of their type of contract or how they reached office or which government branch they work for. Public office is broadly defined to encompass “any temporary or permanent activity, whether remunerated or not, carried out by a human person on behalf of the government of the Autonomous City of Buenos Aires or in its service or that of its agencies.” It even applies to all those organizations in which the City has equity or has a say in its management.

The “Integrity Regime” also contains principles to which public officials must abide as well as duties they are obligated to fulfill. These include provisions against nepotism, occupational incompatibilities, restrictions after leaving public office, the Affidavits and Interests Regime, and a Gifts Regime.

The “Integrity Regime” also creates Public Integrity Offices within each branch of city government. To that end, the Executive Branch, Legislative Branch and Judicial Branch must appoint a government body to act as the Office of Public Integrity within each branch. Those Offices will exercise specific functions with technical independence and without being subject to external directives, instructions or conditions. Any decisions handed down in matters concerning public integrity can only be reviewed by the courts. The Legislative and Judicial branches will regulate the organization and operation of their Public Integrity Offices in each case.

The Public Integrity Offices will be the enforcement authority of the “Integrity Regime” and, among their functions, they will: (i) hand down explanatory and interpretative opinions, (ii) provide advice to those who exercise public functions, (iii) establish minimum standards for the codes of ethics of entities or other bodies, (iv) receive, administer, analyze and publish affidavits on assets and interests presented by their obligated subjects, (v) file complaints before the courts when a crime may have potentially been committed, (vi) participate in administrative proceedings involving a potential breach of the “Integrity Regime,” and more.

Those who breach the “Integrity Regime” may be fined in an amount equivalent to up to 20% of their gross wage or be subject to other disciplinary measures depending on the seriousness of the breach, without prejudice to the criminal and/or financial liability that may apply to each public office under specific legal regimes.

The “Integrity Regime” will come into effect 180 days after its publication in the Official Gazette.