Modifies The Law Nâ ° 19.913, I Think The Financial Analysis Unit

Original Language Title: MODIFICA LA LEY Nº 19.913, QUE CREO LA UNIDAD DE ANALISIS FINANCIERO

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Sole article.-Introducense the following |! | modifications in law N ° 19.913, which created the unity |! | of financial analysis: 1. incorporate, in subsection first item |! | (2°, la siguiente letra b), passing the current letters |! | (((b) to g), to be c's) to h), respectively: "b) request any person |! |" natural or legal entities referred to in article 3 ° of |! | This law, the background than on the occasion of the |! | review of a suspicious transaction previously |! | reported to the unit or detected by this in exercise |! | its powers are necessary and conducive |! | to develop or to complete the analysis of such |! | operation and which should be collected in accordance with the |! | Letter g) of this article. Required people |! | they will be required to provide information |! | requested, the word which is affixed to them.
If the records referred to in this literal |! | they are protected by the secret or reservation, or need to |! | require a person not referred to in the article |! | 3 ° of this Act, the request must be authorised |! | previously by the Minister of the Court of appeals |! | Santiago, the President of that court designated |! | by lot in the Act of making the request. The |! | Minister will resolve, without hearing or intervention of |! | third-party. Both the request of covered background |! | by the secret or reserve that makes the unit, as the |! | decision of the Court, shall be based on facts |! | specific justifying them, of those who will be left |! | hereby stated in both documents. If request |! | It is rejected, the financial analysis unit shall |! | appeal. The appeal will be known in mind and without further |! | processing by the Chamber of accounts of the mentioned Court, |! | the background as soon as they receive. The record is |! | will carry out in secret and it will be returned entirely |! | to the unit, failed which is the resource.
The granting of the required history of |! | According to this letter will be free and open all |! | kind of duties and taxes.
Will not be subject to the provisions herein |! | literally, people are not forced to declare |! | for reasons of secrecy, only in that which is |! | refer to this, in terms which designates the article |! | 303 of the code of criminal procedure. "."

2 Agreganse, in the first paragraph of the article |! | 2nd, the following literal i) and j): "i) access, in the form in which it is agreed with the |! |" upper head of the entity, to the |! | information and background on the bases of |! | data from public bodies, on the occasion of the |! | review of a suspicious transaction previously |! | reported to the unit or detected by this in exercise |! | its powers are necessary and conducive |! | to develop or to complete the analysis of such |! | operation and which should be collected in accordance with the |! | Letter g) of this article. In the event any |! | history is protected by secrecy or |! | booking, shall apply the provisions of the second paragraph of the |! | literal b) of this article.
j) impose administrative sanctions than |! | This law establishes. "."

3 changed first subparagraph of article 3, |! | (in the following way: to) replace the expression "representatives |! |" legal zones", by" societies |! | " Administrators and users of free zones."
(b) delete the word "General" among the |! | expressions "agents" and "customs".
(c) replace the conjunction "and" which separates the |! | "notarios" and "conservatives" expressions by a |! | semicolon (;), and insert below this |! | ultimate expression, the phrase "the administering of |! |" pension funds, and corporations |! | sports professionals, governed by law N ° 20.019 ".

4 Insert, in subparagraph first item |! | 4°, between the expressions "to the carrier", and "toward the |! |" country", the words" from and "; and replaced by the same |! | subsection, the expression "the four hundred fifty |! |" Unidades de fomento"by" ten thousand dollars of the |! | " United States of America ".

5 Add in article 6 the following paragraph |! | Second: "same ban govern those |! |" (requeridos en conformidad a la letra b) of article 2, |! | and for those who provide services to any |! | title to persons and institutions mentioned in the |! | previous paragraph, that have had knowledge of the |! | circumstances have been required or submitted |! | information to the financial analysis unit. "."

6 Add, in article 7, the following |! | second paragraph: "the same penalty shall apply to those who, being |! |" required in accordance with this law to provide |! | Unit information, maliciously destroy, |! | alter or hide background or documents |! | they must deliver, or deliver records or documents |! | false. "."

7, in article 13, the following incorporated |! | second paragraph, passing current subparagraphs second and |! | following to be third and following: "as provided in the preceding paragraph does not preclude to the |! |" Faculty of the Director to give to know or provide |! | global and non-personalized information for purposes |! | exclusively statistical or management. "."

8. Insert, after article 18, the |! | following title II, becoming the current title III, |! | correcting accordingly the numbering of its |! | articles: "title II of the infractions and sanctions article 19.-the natural or legal persons |! |" which do not comply with the obligations or duties contained |! | in this law, shall be punished by the Director of the |! | Unit, special and strict considering the |! | economic capacity of the infringer, as also the |! | gravity and the consequences of the fact or omission |! | (realizada, de acuerdo a las siguientes normas: a) will be minor offences not to comply |! | to the instructions given by the analysis unit |! | (Financiero en virtud deel artículo 2º, letra f), this |! | law;
(b) will be less serious offences the |! | infringements to the provisions in articles 4 ° and 5 ° |! | of this law;
(c) shall be serious not to comply |! | to the obligations contained in articles 2, letter |! | (b), and 3 of this Act.

Article 20.-The Commission of the infringements |! | described in the preceding article shall be subject to the |! | sanctions which are designated below, according to the |! | gravity and reiteration of the facts matter of the |! | (infracción cometida: 1.-Sanciones por infracciones leves: a) admonition, and b) fine to be up to an amount |! | equivalent to 800 Unidades de Fomento.
For the application of this penalty, you should |! | accredited by the financial analysis that unit the |! | offender had knowledge of instruction |! | unfulfilled.

(2.-Sanciones por infracciones menos graves: a) admonition, and b) fine to be up to an amount |! | equivalent of UF 3,000.
In the case of breach of the obligation |! | contained in article 4, shall be taken in particular |! | consideration, in addition, the amount of values not |! | declared, and can in any case, the fine |! | exceed thirty per cent of these.

(3.-Sanciones por infracciones graves: a) admonition, and b) fine to be an amount that no |! | It may exceed 5000 Unidades de Fomento.
In the case of repeated infractions, any |! | its nature, a fine may be applied of up to |! | three times the amount specified. Means that there are |! | repetition, when two or more infractions committed de |! | the same nature which does not mediate a period |! | more than twelve months.

Article 21.-in the event that the breach has |! | been committed by a legal person, the sanctions |! | referred to in the preceding article may, in addition, be |! | applied to its directors or legal representatives and |! | that have been crowded with his will to the |! | materialization of the infringement.

Article 22.-Administrative procedures |! | for the application of administrative penalties |! | provided for in this title, are subject to the following |! | rules: 1.-the procedure will begin with a |! | precise formulation of the charges, which will mark a |! | description of the facts that may be constitutive |! | infringement and the date of verification, the norm |! | eventually she broke and the provision which establishes |! | infringement, the assigned sanction and term for |! | formulate disclaimers.
2. the notification of the decision which gives home |! | to the administrative procedure in this |! | Article shall be made personally, in accordance with |! | the relevant rules of the code of procedure |! | Civil, delivering full copy to the alleged infringer |! | or his legal representative, and can practice both in |! | the address that is registered in the unit or in |! | one who pursues his profession or industry, whereby |! | been appointed to the customs service when |! | appropriate, in the premises of the unit, or in |! | any place of public access.
Personal service is practised by a |! | the Unit Officer, designated by the |! | Director of the financial analysis unit, and which |! | you will have the character of Minister of faith.
3. the other notifications that occur in the |! | procedure shall be made in writing, by letter |! | certified to the address of the required |! | recorded in the unit or one who exercises his |! | profession or industry, or in the case of persons |! | indicated in item 4 °, in the designated before the |! | Customs Service. The notifications shall be read |! | practiced for the fifth day following to your |! | reception at the post office that corresponds.
4. the required shall have a period of ten days |! | working, counted from notification, to answer |! | the charges.
5 received the disclaimers or elapsed time |! | granted to it, opens a probationary term of |! | eight days.
The unit will lead to actions or proceedings |! | testing required in their disclaimers, requesting |! | provided that they are relevant and leading. In case |! | If not, it will reject them through reasoned ruling.
6. the facts under investigation and responsibilities |! | offenders can register through any |! | legally admissible test medium, which are |! | you will appreciate according to the rules of healthy criticism.
7. the resolution putting an end to the procedure |! | penalties will be established and will solve all the |! | in answer to questions raised on the record, |! | on each of the claims and defenses of the |! | offending course, and will contain the statement of the |! | sanction imposed by him or his acquittal. This resolution |! | It shall be given within ten days to |! | one in which is has evacuated the last Stagecoach |! | ordered in the file.
8 resolution that apply sanctions should |! | indicate the administrative and judicial appeals which |! | proceed against it in accordance with this law, the |! | bodies which must arise and the term for |! | such remedies.

Article 23.-against the resolutions of the |! | Unit applying sanctions, may bring the |! | Appeal laid down in article 59 of |! | Law No. 19.880, within a period of five days, |! | counted from notification of the sanction. Unit |! | you will have ten days to resolve.
The filing of this appeal shall suspend the |! | time to deduce the claim of illegality to be |! | it referenced in the following article.

Article 24.-Those affected by decisions of the |! | Unit that originate in the sanctioning procedure |! | regulated by this law, that consider that they do not conform |! | with the law, may deduct claim against the |! | same, within the period of ten days, counted from the |! | notification of the Act, the Court of appeals |! | corresponding to the domicile of the sanctioned.
Sanctions imposed fine will be always |! | enforceable and shall not be enforceable while not |! | the expired for filing the claim, or this |! | It has not been resolved.
Once accepted to proceedings, the Court of |! | Appeals shall transfer the claim to the unit, |! | giving ten days to formulate their |! | observations, counted since it notifies the |! | filed claim.
Evacuated the transfer unit, or overcome the |! | deadline to submit observations, the |! | Court ordered to bring cars in relationship and cause |! | extra will be added to the table of the |! | next hearing, prior the room draw.
The Court may, if it considers this appropriate, open a |! | probationary term which may not exceed seven days, and |! | You must listen to the allegations of the parties if one of |! | These requests them.
The Court will issue a ruling within a term of |! | fifteen days.
Against the decision of the Court of appeals is |! | You can appeal to the Supreme Court, within the time limit of |! | ten days, which will be known as provided in the |! | preceding subparagraphs.

Article 25.-The unit shall communicate the application of |! | Once ejecutoriadas, the US Treasury sanctions |! | General of the Republic and to the body having the |! | supervision the offending, if thing |! | any.

Article 26.-The administrative deadlines |! | established in this title are business days, |! | being understood that they are non-working days Saturday, Sunday |! | and public holidays. "."

9 replace, in articles 1, 2, 13, 23, |! | 24, 25 and 27 of the law Nº 19.913, reference to the |! | articles "19", "20" by the numbers "27" and "28" |! | as appropriate.

10. merge the following article 33 bis, |! | New: "article 33 bis.-without prejudice |! |" in article 32, when the research of the |! | offences referred to in articles 27 and 28 of this |! | law, background delivery any place or |! | copies of documents subject to secret or reservation and non-|! | may history which give reason to develop |! | activities leading to the elucidation of the |! | made, however as provided for in article 167 of the |! | Code of criminal procedure, the Prosecutor may file |! | provisionally research until appear |! | new and better history. "."