Through Decree 355/021, regulations are issued related to the DOMEL (Domicilio Electrónico – Electronic Address) as the only valid means of notification to be used by the SENACLAFT (Secretaría Nacional para la Lucha contra el Lavado de Activos y el Financiamiento del Terrorismo – National Secretariat for the Fight against Money Laundering and Financing of Terrorism).
Background
Law 19,355 provides for public entities to establish an electronic address to deal with individuals, according to the regulations issued by the Executive Power.
The AGESIC (Agencia para el Desarrollo del Gobierno de Gestión Electrónica y la Sociedad de la Información y del Conocimiento – Agency for the Development of Electronic Management Government and the Information and Knowledge Society) has set up a computer platform available to government agencies, initiating a cooperation project with the SENACLAFT to evaluate its use.
The aforementioned computer platform enables SENACLAFT to establish a system of electronic notifications and communications dealing with regulated entities and other third parties in a practical, effective, and reliable manner, contributing to the modernization, agility, and efficiency of procedures.
In this regard, to modernize and improve the efficiency of procedures, it is necessary to make it mandatory for all individuals or legal entities dealing with Senaclaft to adhere to such a system. Therefore, it will be mandatory to establish an electronic address, for which a reasonable period of time will be granted to all regulated entities.
Who are the regulated entities obliged to use the DOMEL?
The regulated entities obliged to the constitution and use of DOMEL are:
- Non-Financial Regulated Entities provided for in Article 13 of Law 19,574 of December 20, 2017, and all those non-financial regulated entities designated as such by future regulations.
- Any natural or legal person that appears for the proceedings before Senaclaft.
The owner of the electronic address is solely responsible for its correct use and for keeping his/her username and password secure, as well as any other means to access it and for the designation of the users who access and its use by them.
Validity of the notification?
Communications and notifications by electronic means shall have the same legal validity as those made by conventional means.
Likewise, the notification shall be considered as made when:
- It is available in the inbox of the AGESIC E-Notifications System of the recipient of the notification, and the recipient accesses it.
- When 10 (ten) business days have elapsed since the act to be notified is available in the inbox of the AGESIC E-Notification System of the recipient of the notification without the recipient having accessed the referred notification.
What is the term for the constitution of DOMEL?
A maximum term of 90 (ninety) calendar days is established for the constitution of the electronic address by the regulated entities to be computed as of the day following the effective date of this Decree.
Effectiveness
This decree shall be effective as of October 28, 2021.
Source: Diario Oficial 27/10/21