Perfect Mechanisms Of Prevention N, Deteccia N, Control, Impression N And Prosecution Of The Crime Of Money Laundering

Original Language Title: PERFECCIONA LOS MECANISMOS DE PREVENCIÓN, DETECCIÓN, CONTROL, INVESTIGACIÓN Y JUZGAMIENTO DEL DELITO DE LAVADO DE ACTIVOS

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en la ley Nº 19.913, que creó la Unidad de Análisis Financiero: 1), in subsection first add item 1 °, then the expression" law "the phrase", and in article 8 of Act No. 18,314 ".

((2) amended article 2 in the following sense: to) in its first paragraph: 1. delete, in its header, then the expression "Financial analysis", the voice "only".

(2 replace, in the second paragraph of the letter b), the text says: "the Minister of the Court of appeals of Santiago, the President of the court designated by lot in the Act of making the request. The Minister shall, without hearing or intervention of third parties. ", by the following:"a Minister of the Santiago Court of appeals, who shall decide, without a hearing or intervention of third parties within the period of three days from the presentation of the same. " The President of the Court shall designate, once a year and by drawing, two of its members to fulfill this task. If none of the Ministers has been acting, shall grant authorization to the President of the Court or who subrogated it. "."

(3 replaced, and in point (d)), the conjunction "and", the second time it appears, by a comma, and insert, after the word "data", the terms "and records" ".

(b) add in the final paragraph, between the word "law" and the comma that follows it, the phrase "or article 8 of Act No. 18,314".

((3) amended article 3 in the following sense: to) Introducense the following modifications in the first paragraph: 1. removed, then the voice "on", the expression "acts, transactions or".

2. delete, after the expression "investment;", the phrase "the Committee of foreign investment";.

3. replace the phrase "trade bags;" with the following: "stock exchanges and exchanges of products, as well as any other bag that, in future, be subject to the supervision of the Superintendency of securities and insurance;".

4. replace the final phrase: ", and corporations sports professional, governed by law No. 20.019.", by the following "; professional sports organizations, governed by law No. 20.019; the cooperatives of savings and credit; representations of foreign banks and deposit of securities companies governed by the law 18,876. "."

(b) insert in your second paragraph, between the expressions "legal apparent" and comma that follows, the following sentences: "or could constitute some of the conduct referred to in article 8 of Act No. 18,314, is carried out by a natural or legal person who appears in listings of any resolution of the Security Council of the United Nations".

(c) add the following subsection sixth, again, becoming the current seventh: "the Superintendents and other services and public bodies referred to in the second paragraph of article 1 of Act No. 18.575, constitutional General Bases of the administration of the State, will be required to report suspicious transactions which warn in the exercise of their functions. Without limiting the foregoing, these entities will not be subject to the obligations contained in paragraph fourth to this article and to the provisions of article 5 of this law, as well as to sanctions and the procedure laid down in title II of this law. "."

(4) Reemplazanse, in article 5, the phrase "four hundred fifty units of building or its equivalent in other currencies", by "ten thousand dollars of the United States of America or the equivalent in Chilean pesos, depending on the value of the dollar observed the day in which the operation was made".

(5) replace, in the first paragraph of article 6, the reference to "the first paragraph" on the other to the "first and sixth subparagraphs".

(6) add in the final paragraph of article 13, then the figure '28', replacing the end point by a comma, as follows: article 27 "(como también de aquellos que le sirven de base y que se señalan en la letra a).".

(7) in article 15 replacements "Act No. 19.366" expressions by the following "Law No. 20,000".

(((8) Introducense the following amendments under article 19: a) replace, in the letter b), the phrase "articles 4 and 5 of this Act"; by "article 5;".

((b) replace the letter c) by the following: "c) will be serious infringement the not to comply with the obligations contained in articles 2, letter b), 3 ° and 41 of this Act.".

(c) add the following final paragraph: "The procedure regulated in this title to breaches of article 4, which shall be punished in accordance with the provisions of article 39 shall not apply.".

((9) delete, in article 20, the second paragraph of the letter b) its number 2.

((10) Introducense the following modifications in article 27: to) replace the letter to) first with the following subsection: ") which in any way hide or conceals the illicit origin of certain goods, knowing that come, directly or indirectly, from the perpetration of acts constitutive of any of the offences referred to in law No. 20,000, which penalizes illicit trafficking in narcotic drugs and psychotropic substances; in Act No. 18,314, which determines the terrorist behavior and fixed his penalty; in article 10 of the law No. 17.798, on arms control; in Title XI of law No 18,045, on stock market; in title XVII of the decree with force of law No. 3, the Ministry of finance, 1997, law-General of banks; in article 168 in relation to article 178, no. 1, both of the decree with force of law No. 30, the Ministry of finance, 2005, which approved the text revised, coordinated and systematized the decree with force of law No. 213 of the Ministry of finance, 1953, on Customs Ordinance; in the second paragraph of article 81 of the law No. 17.336 intellectual property; articles 59 and 64 of the organic law Nº 18.840 constitutional of the Central Bank of Chile; in the third paragraph of number 4 ° of article 97 of the tax code; in paragraphs 4, 5, 6, 9 and 9A of title V and 10 of title VI, all of the second book of the Penal Code; in articles 141, 142, 366 d, 367, 374 bis, bis 411, 411 19B, c 411, 411 d, and the 468 items and 470, no. 8, both in relation to the final subparagraph of article 467 of the Penal Code, or knowing of that origin, conceals or conceals these goods. "."

(b) replace the fourth subparagraph by the following: "(if the author of any of the acts described in the letters (a) or b) has not known the origin of goods by recklessly, the deprivation of liberty that corresponds according to subsection first or end of this article will be reduced in two grades.".

(c) add the following final paragraph: "(in any case, the custodial sentence applicable in the case of the letters (a) and (b)) may not exceed the higher penalty which the law assigns to the author of the crime or simple offence of which come the goods object of the offence referred to in this article, without prejudice to penalties and accessory penalties that apply in accordance to the law.".

(11) Insert, in article 31, the following paragraph second, new, passing current subparagraphs second and third to be third and fourth, respectively: "only once formalized research by articles 27 and 28 of this Act offences, the accused may request warranty judge to limit secrecy in terms of parts or activities covered by the.".

((12) Introducense the following amendments to article 33: at) replaced, in its chapeau, the expression "No. 19.366" by "Nº20.000".

((b) replace the letter b) with the following: "b) disabilities of lawyers, only when the money laundering investigation is it in relation to a typical and antijuridico fact base punished under laws US 20,000 or 18,314, on article 10 of the law No. 17.798, or in articles 141, 142, 411 bis, 411 ter, quater 411 and 411 d of the Penal Code.".

(13) Agreganse, then under article 35, the following provisions: "article 36.-seized property or the proceeds of the confiscated in money laundering investigations may be used, in terms that are laid down in articles 40 and 46 of Act No. 20,000, in whole or part, to the persecution of such illicit."

Article 37.-during the investigation of the offences referred to in articles 27 and 28 of this law, in those cases in which as result of acts or omissions of the accused could not be issue seizure or any measured prudential real about goods that are object or product thereof, the Court with jurisdiction in criminal corresponding may enact at the request of the Prosecutor and founded resolution, seizure or any measures precautionary real laid down in the law, on other goods that are owned by the accused for a value equivalent to that related to the crimes, with the exception of those declared unattachable article 445 of the code of Civil procedure.
Also at a request of competent foreign, made pursuant to a requirement of international criminal assistance for any of the offences listed in the preceding paragraph, it may impose, in the same terms expressed in the preceding paragraph, the seizure or measures prudential real property by a value equal to those related to the investigated crime.

In the event of dictating sentence, and not having been seized or alerted goods related to the crime, but only those of an equivalent value, the Court with competence in criminal corresponding may, in the same sentence, ordering the confiscation of goods seized or cautelados in accordance with the provisions of subsection first.

Article 38.-The natural persons and legal designated in article 3 of this law shall be obliged to inform the financial analysis unit all acts, transactions or operations or that attempt to perform any of the natural or legal persons identified in the lists prepared by the Committee established in resolutions numbers 1.267, 1999; 1333, 2000, and 1.390, in 2002, the United Nations Security Council and its subsequent resolutions or any other that add them or replace, and which are contained in Supreme decrees published in the official journal.

Also, they will be required to report all acts, transactions or operations or that attempt to perform any natural or legal person who has committed, commits or attempts to commit acts of terrorism or participate in or facilitate their Commission.

Within twenty-four hours following receipt of the history that proves that natural or legal persons identified in the lists referred to subsection first intend to perform an Act, transaction, or financial transaction, the financial analysis unit shall request a Minister in the Court of appeals of Santiago, the adoption of one or more measures to prevent the use exploitation, benefit or destination of any kind of goods, securities or money terms of the Act, transaction or operation, without notice to the affected and for a fixed period. The entry into force of the measures enacted by the Minister of court may not exceed thirty days, term which may be extended, by resolution founded, by him or by the competent court. The request shall be resolved in level by that Minister, without hearing or intervention of third parties and in the shorter term, which shall not exceed twenty-four hours.

For these purposes, the President of the Court shall designate by drawing two of their members, for the period of one year, and must submit the application before any of them. If none of the Ministers has been acting, shall grant authorization to the President of the Court or who subrogated you.

Among the measures that may be ordered, shall be included the prohibition of transfer, conversion, disposition or movement of funds or other assets during the term of the measure.

Submitted the application to the Court, and within a period of 24 hours, the unit will be delivered, quietly, all the background to the national prosecutor, so that the public prosecutor's Office to deal with the judicial proceedings.

After expiry of the period referred to in the third subparagraph, as decreed by the Minister of the Court of appeal will cease to have effect immediately, without the need for a resolution stating so.

Unit of financial analysis, within the maximum period of twenty-four hours counted since is has received the application listed in the third subparagraph, shall communicate its content to the natural or legal person who has reported acts, transactions or financial operations take immediately the measures enacted by the respective Minister of the Court of appeals of Santiago. Likewise, within the maximum period of the seventy-two hours following such measures were enacted, it will report to the or to those affected by this resolution. This communication will head home which the affected they have recorded in the entity that has reported the operation or to the email address contained in such records. It will include all records referred to in the third subparagraph.

As this measure is effective, those affected by it may appeal to the Court of appeals of Santiago, for its repeal. The Court of appeals must resolve the resource in the shorter term, following a report of the financial analysis unit, to which you can open, ex officio or upon request of a party, a special probation term, which shall not exceed three days.

Where by judicial resolution is revoked the measures referred to in the third and fifth paragraphs, or has expired the term by which decreed them, the financial analysis unit shall communicate this situation to the natural or legal person who has reported acts, transactions or operations, and which gave rise to the respective research.

For the purposes of this article, the financial analysis unit periodically will provide all persons referred to in article 3 of this law, the lists made by the Committee set up by the UN Security Council, and which have their origin in the resolutions referred to in the first paragraph of this article. Also financial analysis unit shall inform the Ministry of Foreign Affairs the collected background saying relationship with natural or legal persons appearing in these lists, for purposes that this report to the United Nations.

Article 39.-Violation of the provisions of article 4 shall be subject to the control and supervision of the national customs service, which may apply to the person carrying or transport currency in cash or bearer negotiable instruments and not them has been declared, a fines to up to 30% of the currency in cash or the value of those currencies or undeclared instruments , and in particular take consideration, the amount of non-declared values.

For the purposes as provided in the preceding paragraph, the national customs service may retain thirty percent of the currency in cash or one hundred percent of the undeclared negotiable bearer instruments. In the event of opposition to the retention, officials of the service can request directly the assistance of the security forces, in accordance with the provisions of article 24 and in Title VI, both of the organic law of the national customs service.

The retention provided for by this article shall be reported to the person in the same Act, making mention expressly and in writing by the facts that constitute it, broken rules, the identification of the person who carried out retention, the sanction could be imposed and the other made foundations that gave rise to the retention.

The imposition of the definitive fine or claim thereof is subject to the procedure laid down in title II of the third book of the Customs Ordinance, unless it has the fourth subparagraph of article 185 of the mentioned legal body.

Article 40.-all natural or legal persons referred to in subsection first item 3 °, which are or not supervised by any Superintendent, and without prejudice to their obligation to designate a responsible employee to the financial analysis unit, must enroll in a record that the unit be maintained according to the provisions of point (d)) of article 2 of this law , and which must be implemented within the period of ninety days from the publication of this law in the official journal.

Once registered, persons referred to in the preceding paragraph shall inform the financial analysis unit any relevant change in their legal status, in terms which point general instructions that dictate the unit for this purpose.

The financial analysis unit may make public the name and the unique role tax of natural persons and legal persons designated in article 3 of this law and which are recorded according to this article.

Article 41.-The public official who, because of his position, take knowledge of any of the offences referred to in articles 6, 7, 13 and 31 of this Act and omit to report it to the Public Ministry, officials of Carabineros de Chile or the police, or before any court with jurisdiction in criminal, will be punished with presidio child in grades medium to maximum and a fine of forty to cuatrocientas units tax monthly. "."