LAW NO. 20,119 AMENDS LAW NO. 19,913, WHICH CREATED THE UNIT OF FINANCIAL ANALYSIS Having present that the National Congress has given its approval to the following bill originating in the motion of the Members of the House of Representatives Gabriel Ascencio Mansilla, Jorge Burgos Varela, Juan Bustos Ramírez, Guillermo Ceroni Fuentes; Carlos Montes Cisternas, Jose Miguel Ortiz Novoa and Eduardo Saffirio Suarez, and then-Deputies Edgardo Riveros Marin, Rodolfo Seguel Molina, and Exequiel Silva Ortiz: Project Law: Single article.-Enter the following |! |amendments in law No. 19,913, which created the Unit |! |of Financial Analysis: 1.-Incorporate, in the first paragraph of the article |! | 2 °, the following letter b), passing the current letters |! |b) to g), to be letters c) to h), respectively: " b) Request any of the persons |! |natural or legal referred to in the article 3 ° of |! |this law, the antecedents that on the occasion of the |! |review of a suspicious operation previously |! |reported to the Unit or detected by this in exercise |! |of its attributions, result necessary and conductive |! |to develop or complete the analysis of that |! |operation and those that must be collected in accordance with the |! |letter (g) of this Article. The required persons |! |will be required to provide the information |! |requested, in the term to be fixed to them. If the background to this literal |! |are covered by the secret or reservation, or must |! |require a person not contemplated in the article |! | 3 ° of this law, the application must be authorized |! The Court of Appeals |! |of Santiago, that the President of said Court designates |! |by lot in the act of making the requirement. The |! |minister will resolve, without hearing or intervention from |! |third parties. Both the request for a protected background |! |for the secret or reservation that the Unit does, as the |! |resolution of the court, must be founded in facts |! |specific that justify them, of which it will be left |! |expresses constancy in both documents. If the |! |request is rejected, the Financial Analysis Unit will be able to |! |appeal. The appeal will be known and no more |! |processing by the account room of the aforementioned Court, |! |as soon as the background is received. The case will be |! |will be secretly processed and will be returned in full |! |the Unit, which is the resource. The required background of |! |conformity to this letter will be free and free of all |! |class of rights and taxes. They will not be subject to the provisions of the present |! |literal, persons who are not required to declare |! |for reasons of secrecy, only in that which is |! |refer to this, in the terms that the article |! | 303 of the Code 2.-Add, in the first paragraph of the article |! | 2nd, the following literals i) and j): " i) Access, in the manner in which it is appropriate with the |! |head of the respective entity, to the |! |information and background in the bases of |! |data from public agencies that, on the occasion of the |! |review of a suspicious operation previously |! |reported to the Unit or detected by this in exercise |! |of its attributions, are necessary and conducive |! |to develop or complete the analysis of that |! |operation and to which you must obtain according to the |! |letter g) of this article. In the event that any |! |antecedent is covered by the secret or |! |reservation, the second paragraph of the |! |literal (b) of this article will apply. (j) Impose the administrative sanctions which |! |establishes this law. "3.-Amend the first paragraph of Article 3 °, |! |as follows: a) Replace the expression" representatives |! |legal of free zones ", by" the companies |! |administrators and users of free zones ". b) The word "generals" between the |! |expressions "agents" and "customs" should be assumed. c) Replace the "y" that separates the |! |expressions "the notaries" and "the conservatives" by a |! |dot and comma (;), and interleave below this |! |last expression, the phrase " the managers of |! |pension funds, and the public limited companies |! |professional sports, governed by law No 20,019. " 4.-Intercalase, in the first paragraph of the article |! | 4 °, between the expressions "to the bearer," and "towards the |! |country", the words "from and"; and replace in the same |! |point, the expression "the four hundred and fifty |! |units of encouragement" for " the ten thousand dollars of the |! | United States of America. " 5.-Add in article 6 the following paragraph |! |second: " Same prohibition shall govern for those who are |! |required in accordance with point (b) of Article 2 °, |! |and for persons providing services to any |! |title to persons and institutions referred to in the above |! |paragraph, who have been aware of the |! |circumstance of having been required or referred to |! |information to the Financial Analysis Unit. "6.-Add, in Article 7 °, the following |! |second indent:" The the same penalty will apply to those who, being |! |obliged under this law to provide |! |information to the Unit, maliciously destroy, |! |alter or hide background or documents that |! |must deliver, or give background or documents |! |false. " 7.-Incorporate, in article 13, the following |! |second indent, passing the following second and |! |inpoints, to be third and next: " What is foreseen in the previous paragraph does not obst the |! |faculty of the Director to make known or to provide |! |global and non-personalized information, for purposes |! |exclusively 8.-Intercalase, following on from Article 18, the |! |next Title II, passing the current one to be Title III, |! |correcting as appropriate the numbering of your |! |articles: " TITLE II Of the infringements and penalties Article 19.-Natural or legal persons |! |that do not comply with the Obligations or duties contained |! |in this law, will be sanctioned by the Director of the |! | Unit, taking in particular and strict consideration the |! |economic capacity of the infringer as, likewise, the |! |gravity and the consequences of the fact or default |! |performed, according to the following rules: a) It will be minor violations not to comply |! |to the instructions given by the Unit of Analysis |! | Financial under article 2 (f) of this |! |ley; b) less serious infractions will be the |! |contraventions to the provisions of the Articles 4 ° and 5 ° |! |of this law; c) It shall be serious infractions not to comply |! |to the obligations contained in the articles 2, letter |! |b), and 3rd of this law. Article 20.-The commission of the violations |! |described in the previous article will be subject to the |! |sanctions that are indicated below, according to the |! |gravity and reiteration of the facts matter of the |! |infringement committed: 1.-Sanctions for minor infractions: a) Assembly, and b) Multa for tax benefit up to an amount |! |equivalent to 800 Units of Promotion. For the application of this sanction, it will be |! |credit for the Financial Analysis Unit that the |! |offender had knowledge of the instruction |! |unfulfilled. 2.-Penalties for less serious infractions: a) Assembly, and b) Fine for tax benefit up to an amount |! |equivalent to 3,000 Units of Promotion. In the case of breach of obligation |! |contained in article 4, it will be taken in special |! |consideration, moreover, the amount of the values not |! |declared, not being able, in any case, the fine |! |exceed thirty percent of these. 3.-Penalties for serious infractions: a) Assembly, and b) Multa for tax benefit for an amount that does not |! |may exceed 5,000 Units of Promotion. In the case of repeated infringements, any |! |its nature, a fine of up to |! shall be applied three times the amount indicated. It will be understood that there is |! |reiteration, when two or more infractions of |! |the same nature between which I did not measure a period |! |greater than twelve months. Article 21.-In the event that the infringement has |! |been committed by a legal person, the penalties |! |mentioned in the preceding article may additionally be |! |applied to their directors or legal representatives and |! |they have attended with their will to the |! |materialization of the violation. Article 22.-The administrative procedures |! |for the application of administrative penalties |! |provided in this Title, will be subject to the following |! |rules: 1.-The procedure will be initiated with a |! |precise formulation of the charges, which will indicate a |! |description of the facts that are estimated to be constitutive |! |of infringement and the date of its verification, the rule |! |eventually infringed and the provision that establishes |! |the infringement, the sanction assigned and the deadline for |! |formulate discards. 2.-The notification of the resolution that starts |! |the administrative procedure described in this |! |article will be carried out personally, according to |! |the relevant rules of the Code of Procedure |! | Civil, being delivered full copy to the alleged offender |! |or his legal representative, and may be practiced in both |! |the address registered in the Unit or in the |! |he who exercises his or her profession or industry, in which |! |he has appointed to the Customs Service when |! |appropriate, in the Unit's dependencies, or in |! |any public place. The personal notification will be practiced by a |! |official of the Unit, designated to the effect by the |! | Director of the Unit of Financial Analysis, and that |! |will have character of minister of faith. 3.-The other notifications that take place in the |! |procedure will be made in writing, by letter |! This is a matter of course. It is addressed to the address of the required |! |registered in the Unit or in that which exercises its |! |profession or industry, or in the case of the persons |! |indicated in the article 4 °, in the designated one before the |! | Service of Customs. The notifications will be read |! |practiced to count from the fifth day following your |! |receipt at the appropriate post office. 4.-The required one will be ten days |! |business, counted from the notification, to answer |! |the charges. 5.-Received the download or after the deadline |! |granted for this, will open an evidentiary term of |! |eight days. The Unit will give rise to the measures or measures |! |probative that requests the required one in your download, |! |whenever they are relevant and conducive. In case |! |contrary, it will reject them by means of a reasoned resolution. 6.-The facts investigated and the responsibilities |! |of the offenders will be able to be credited by any |! |permissible means of proof in law, the ones that are |! |will appreciate according to the rules of the healthy criticism. 7.-The resolution terminating the procedure |! |sanctioning will be founded and will resolve all the |! |questions raised in the file, pronouncing |! |on each of the allegations and defenses of the |! |alleged infringer, and will contain the statement of the |! |sanction imposed on him or his acquittal. This resolution |! |must be issued within ten days of |! |the one in which the last due diligence |! |ordered in the case has been evacuated. 8.-The resolution that applies sanctions must |! |indicate the administrative and judicial resources that |! |proceed against it in accordance with this law, the |! |organs before the ones to be presented and the deadline for |! |interposing them. Article 23.-Against the resolutions of the |! | Unit applying sanctions, the |! |replacement resource set forth in Article 59 of |! |the law No. 19,880, within the five-day period, may be filed |! the sanction. The Unit |! |will have ten days to resolve. The interposition of this resource will suspend the |! |term to deduce the claim of illegality to be |! |referenced in the following article. Article 24.-Those affected by resolutions of the |! | Unit that originate in the sanctioning procedure |! |ruled in this law, that they consider that they do not conform |! |to the right, they will be able to deduce claim against the |! |themselves, within the period Ten days, counted from the |! |notification of the act, before the Court of Appeals |! |corresponding to the address of the sanctioned. Penalties that impose fines will always be |! |claimers and will not be enforceable until you are |! |expired the deadline to file the claim, or this |! |has not been resolved. Once you have received the process, the Court of |! | Appeals will transfer the complaint to the Unit, |! |giving you ten days to formulate your |! |observations, counted since the |! |complaint is notified. Evacuated the transfer by the Unit, or expired the |! |deadline that you have to formulate observations, the |! |court will order to bring the cars in relation and the cause |! |will be added extraordinarily to the table of the |! |nearest hearing, previous Drawing of the Chamber. The Court may, if you consider it relevant, open a |! |probative term which may not exceed seven days, and |! |must hear the pleadings of the parties if one of |! |these asks them. The Court will dictate sentence within the term of |! |fifteen days. Against the judgment of the Court of Appeal is |! |you can appeal to the Supreme Court, within the deadline of |! |ten days, the one you will know in the form foreseen in the |! |incisos above. Article 25.-The Unit will communicate the application of |! |the penalties once executed, to the Treasury |! | General of the Republic and to the body that has the |! |superintendence of the infringing entities, if it |! |there. Article 26.-The administrative deadlines |! |established in this Title are of working days, |! |understanding that they are indeft on Saturday, Sunday |! |and holidays. " 9.-Replace, in articles 1, 2, 13, 23, |! | 24, 25 and 27 of the law No. 19,913, the reference to the |! |articles "19" and "20" by the guismos "27" and "28", |! |as appropriate. 10.-Incorporate the following article 33a, |! |new: " Article 33a.-Without prejudice to the established |! |in Article 32, when in the investigation of the |! |offences referred to in Articles 27 and 28 of this |! |law, have place the delivery of the background or |! |copies of documents subject to secrecy or reservation and not |! |appear antecedents that allow to develop |! |activities conducive to the clarification of the |! |facts, notwithstanding the provisions of article 167 of the |! | Code Criminal prosecution, the prosecutor will be able to file |! provisionally the investigation until appear |! |best and new background. ". Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had the right to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 23 August 2006.-MICHELLE BACHELET, President of the Republic.-Andres Velasco Branes, Minister of Finance.-Belisario Velasco Baraona, Minister of the Interior. What I transcribe to you for your knowledge.-Salute intently to you, Maria Olivia Recart Herrera, Deputy Finance Secretary. Constitutional Court Draft Law amending Law No. 19,913, which created the Financial Analysis Unit The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the draft law in the rubric, approved by the National Congress, in order for this Court to exercise the control of constitutionality in respect of article 1, number 1, as regards the second paragraph of point (b), which is added in Article 2 of the Law No. 19,913, and number 8, in the reference to Article 24, new, which is incorporated in that law, and by judgment of 1 August 2006, given in the cars role No. 521, stated: 1. That the precept of article 1, No. 8 of the draft submitted, as soon as it incorporates a new article 24 to Law No. 19,913, is constitutional. 2. That the precept within the second subparagraph of point (b) of Article 1 (1) of the draft submitted, without prejudice to what is indicated in Nº 3, is constitutional in the understanding of what is stated in the seventh recital of the draft. As well as the requirement that both the request for a history protected by the secret or the reservation and the decision of the respective Minister of the Court of Appeal that authorizes it, must be based on " specific facts that the ", what has to serve as a precise basis for pursuing the responsibilities that the action if the Financial Analysis Unit is eventually illegal or arbitrary, to the detriment of the rights of the persons or entities involved in the exercise of the powers conferred by the analysis. In addition, bearing in mind the fundamental responsibility of the courts established by law in order to ensure full respect for the rights and guarantees that the Constitution enshrines, as a result, the (i) the principle of constitutional supremacy, which requires all the organs of the State, including this own Court, to comply with the principle of constitutional supremacy, as set out in recitals twenty-fifth to twenty-seventh. 3. That, in relation to the same rule as set out in the preceding number, it is stated that the phrase "immediately" is unconstitutional and, consequently, must be removed from its text. 4. That the provisions referred to in Articles 2 and 3 of the draft examined are unconstitutional and should be deleted from their text. Santiago, August 14, 2006.-Rafael Larraín Cruz, Secretary.