Law 19,913, which creates the Financial Analysis Unit and amends various provisions in matters of money laundering.
This law creates the Financial Analysis Unit (“UAF”) as the financial intelligence agency for Chile, it expands hypotheses for money laundering, and establishes the existence of laundering figures punishable on negligence. Additionally, it establishes a catalogue of institutions or commercial lines of business that, given their greater exposure to crimes of money laundering and financing of terrorism, are compelled to implement mandatory preventive controls, being subject to the supervision and monitoring of the UAF, and having to meet its every instruction and circular letter.
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Law 21,015, which incentivises the inclusion of disabled individuals in the labour world.
This law only obliges companies with 100 or more employees, establishing the requisites they must meet as regards hiring disabled individuals. Certain conditions are also established that enable companies to meet this obligation in an alternative manner, for example by making donations to projects or programs of corporations or foundations set forth therein.
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Law No. 20,123, which regulates subcontracted work, the operation of temporary services companies, and labour contracts for temporary services.
In general terms, this rule regulates and establishes the requisites for the outsourcing of workers or the attainment of services through companies that render them with their own staff. Assumptions are set forth under which these structures are allowed, as well as the scopes of responsibility of the main company or principal under a subcontracting scheme, and of the company using the temporary services. Likewise, the law sets forth the specific obligations that companies must meet, among which the obligation to effectively protect the health and safety of all subcontracted workers or of those rendering temporary services stands out, as well as the applicable sanctions in case of breach.
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Law No. 19,300, on the General Bases of the Environment.
This law establishes the general framework for the protection of the environment, the preservation of nature, and the conservation of environmental heritage. It also regulates the instruments for environmental management such as the Strategic Environmental Assessment and the Environmental Impact Assessment System, besides regulating the environmental responsibility framework applicable to all people and entities that have caused environmental damage.
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Supreme Decree No. 40, approving the Regulations of the Environmental Impact Assessment System.
These regulations establish the provisions that govern the Environmental Impact Assessment System and the participation of the community in the process of environmental impact assessment, pursuant to that stated in Law No. 19,300, on the General Bases of the Environment.
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Law No. 20,920, which establishes the Framework for Waste Management, Extended Producer Responsibility and Promotion of Recycling.
This law is aimed at reducing waste generation and fostering upcycling, recycling, and other sorts of value-adding. To such ends, it establishes the Extended Producer Responsibility, making producers responsible for the waste generated by their products, from their manufacturing till their upcycling or elimination.
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Supreme Decree No. 66, which approves the Regulations that govern the Procedure for Indigenous Consultation under Article 6 No. 1 letter a) and No. 2 of Convention No. 169 of the International Labour Organization and repeals regulation mentioned therein.
The Regulations are aimed at effectively exercising the right to consultation for Indigenous nations that may be directly affected by legislative or administrative measures, pursuant to article 6 of Convention No. 169 of the ILO. To such ends, these regulations govern the enforceability and procedure to conduct an indigenous consultation process.
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Law No. 20,945, which perfects the free competition defence system.
This law is aimed at incorporating the following aspects to the free competition system: (i) it per se penalizes collusion and incorporates incarceration as punishment for those incurring it; (ii) it incorporates a mandatory preventive system for concentration operations; (iii) it adds the simultaneous participation of a person in relevant executive posts or as director in two or more competing companies as a punishable act; and (iv) it increases the amounts of fines for anticompetitive infringements, among other additional amendments.
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Decree with Force of Law (“DFL” for its Spanish acronym) No. 3, which sets the restated, coordinated, and systematised text of Law No. 19,496, which sets forth rules on the protection of consumer rights (“LPDC” for its Spanish acronym.)
The LPDC regulates the interactions among suppliers and consumers, establishing rights for consumers, obligations for suppliers, the penalties they risk, the procedures applicable for the protection of consumer interests, and the powers of the consumer protection agency -SERNAC- as a competent authority. DFL No. 3 systematises consumer protection regulation, incorporating into the restated text of the LPDC the amendments introduced by Law No. 21,081, which strengthen and modernise the SERNAC, and Law No. 21,398, which establishes measures to incentivise the protection of consumer rights.
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Law No. 21,595, which systematises economic crimes and attacks on the environment, and expands criminal liability for legal entities.
The Law aims mainly at systematising the crimes linked to business activity under four (4) big categories. Additionally, it creates new crimes associated to attacks on the environment and exponentially increases the number of base crimes for which bodies corporate may be criminally liable.
Law No. 20,393, which sets forth the liability of bodies corporate in the crimes it states.
Law No. 20,393 sets forth the base crimes for which certain legal entities may be criminally liable, the criteria to attribute criminal liability and the sanctions and punishments they risk. Additionally, it sets forth the conditions necessary for legal entities to adopt and implement effective crime-prevention models that safeguard their criminal liability.
Law No. 21,455 Framework Law on Climate Change.
This law aims to address the challenges of climate change, move towards a greenhouse gas (GHG) and other climate pollutants low-emissions development to achieve and maintain GHG emissions neutrality by 2050, adapt to climate change, reducing vulnerability and increasing resilience to the adverse effects of climate change, and comply with Chile’s international commitments on the matter.
Supreme Decree No. 4, which approves the Regulation of Pollutant Emission Reduction Projects for Taxable Emissions as provided in Article 8 of Law No. 20,780.
The purpose of the regulation is to establish the requirements, obligations, procedures and records related to emission reduction projects, and the certificates to offset taxable emissions of pollutants in accordance with Article 8 of Law No. 20,780, as amended by Law No. 21,210, which establishes an annual tax to air emissions of particulate matter, nitrogen oxides, sulfur dioxide and carbon dioxide, produced by establishments whose emission sources, individually or as a whole, generate 100 or more tons per year of particulate matter, or 25,000 or more tons per year of carbon dioxide.