BCRA initiated a summary proceeding against AFA and is investigating transactions of more than USD 240 million

BCRA initiated a summary proceeding against AFA and is investigating transactions of more than USD 240 million
Chiqui Tapia, president of AFA
porEditorial Team
Argentina

The investigation reaches Chiqui Tapia and other executives for alleged violations of the Foreign Exchange Criminal Law


The Central Bank of the Argentine Republic opened an administrative proceeding against the Argentine Football Association (AFA), its president Claudio "Chiqui" Tapia and other executives of the organization for alleged violations of the Criminal Foreign Exchange Law.

The case file was signed last Tuesday, although it has not yet been formally notified to AFA. The investigation covers transactions carried out between 2020 and 2023 and includes a total volume of funds under analysis that exceeds USD 131,384,000 and EUR 94,999,920, which represents an overall amount greater than USD 242 million.

According to sources with direct knowledge of the case, the proceeding focuses on the irregular inflow and/or settlement of foreign currency from various funding sources of the organization.

These include sponsorship contracts, television rights and international transfers made by sports bodies such as FIFA and Conmebol. The central axis of the scheme observed by the investigators is linked to the change in the declared purpose for those inflows in the foreign exchange system.

Sede de la AFA.
Sede de la AFA.

According to the investigation, AFA allegedly changed the code under which it recorded the funds received, shifting from "other personal, cultural and recreational services" (code S24) to "other current transfers" (code 108).

This change allowed the dollars received not to be mandatorily settled in the Single Free Foreign Exchange Market (MULC), since by being declared as transfers or donations they were not covered by the regulations that require conversion at the official exchange rate.

This mechanism appears reflected in the inflows from the sponsorship contract with Adidas and in television agreements with companies such as Fox and Argentina Football Distribution LLC.

In particular, the case file focuses on the contract signed between AFA and Adidas International Marketing in November 2017, in force until 2030, for a total amount of EUR 260 million. Within that relationship, the Central Bank is analyzing almost EUR 95 million that, according to the sources, allegedly were not settled from the second half of 2020 onward.

The same sources indicate that during the first years of the contract, in 2018 and 2019, AFA settled the funds on a regular basis. However, after the tightening of foreign exchange controls, the organization allegedly changed the category of the inflow, which allowed it to avoid converting the foreign currency into pesos and to benefit from the gap between the official and parallel exchange rates.

The contracting companies continued making payments as usual, while AFA allegedly was responsible for changing the declaration of the purposes.

El Banco Central.
El Banco Central.

In the case of the contracts with Fox, the amount under review exceeds USD 45 million, while the transactions related to Argentina Football Distribution reach USD 78 million. In both cases, the case file states that the same procedure was used to evade mandatory settlement.

The proceeding also includes transfers related to FIFA and Conmebol. For FIFA, USD 498,000 pending settlement due to the use of an incorrect code and USD 6,268,000 pending both inflow and settlement were detected.

Regarding Conmebol, the figures amount to USD 8,676,000 in the first category and USD 5,942,000 in the second. Among the purposes involved are subsidies and advances intended for competitions such as Copa América, women's tournaments and futsal championships.

The case file distinguishes between "amounts received and not settled" and "amounts not received in the MULC at all," which makes it possible to reconstruct the path of the funds and the modalities of the alleged violation.

As those responsible, the proceeding targets AFA as a legal entity, its president Claudio Tapia and the treasurers who held that position during the period under investigation, Alejandro Nadur and Pablo Toviggino. The mechanism under analysis allegedly allowed the organization to preserve its assets in dollars and avoid losses associated with the exchange rate gap.


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