On April 16, 2024, the Supreme Decree No. 22/2023 from the Ministry of Housing and Urbanism was published in the Official Gazette. This decree amends Supreme Decree No. 47 of 1992 of the Ministry of Housing and Urbanism, General Ordinance of Urbanism and Construction, to align its provisions with the requirements of Law No. 20,920, for the management of waste, extended producer responsibility and promotion of recycling (the “Modification”) ...
On March 26th, 2024, the President of the Republic enacted the Framework Law on Cybersecurity and Critical Information Infrastructure (the "Law"), after having been generally approved by the Chamber of Deputies, and the preventive control of constitutionality carried out by the Constitutional Court was concluded ...
On January 12, 2024, and in compliance with Law No. 21,521 (the "Fintech Law"), the Financial Market Commission ("CMF") published General Rule No. 502, with the purpose of regulating the registration, authorization, and obligations of financial service providers under the Fintech Law (the "NCG 502"). The main subjects addressed by said norm are as follows: 1 ...
On January 10, 2024, the Government submitted to Congress three billsintroducing significant modifications concerning environmental regulations and sectorial permits. Bill that modifies the Law of General Bases of the Environment Through Presidential Message No. 292-371, the Executive branch presented a bill with the purpose of strengthening the environmental institutional framework and improving its efficiency, introducing amendments to the Law of General Bases of the Environment (Law No ...
On January 3rd, 2024, the Senate approved, with 32 votes in favor, the Report of the Constitutional, Legislative, Judicial and Regulatory Affairs (“the Report”), on the Bill to amend the Data Protection Law and creates the Data Protection Agency (Bulletin No. 11144-07/11092-07), (“the Bill”). However, despite the approval of the Report concerning amendments and proposals of the Chamber of Deputies, 24 of these were ultimately rejected ...
On December 15, 2023, the Comptroller General of the Republic confirmed Supreme Decree No. 30/2023, which amends the Regulations of the Environmental Impact Assessment System (SEIA) in order to adapt said regulation to the requirements of the Framework Law on Climate Change and the Escazú Agreement. The approved modifications include, among others, the following: Modification of the minimum contents of Environmental Impact Declarations (DIA) and Environmental Impact Studies (EIA) ...
On December 21st, 2023, the Chilean Congress approved the bill that modifies Law No. 21,420, which amended the Mining Code as of January 1st, 2024; the Mining Code; the Constitutional Organic Law on Mining Concessions; and the law that creates the National Geology and Mining Service (the “Bill”). Main amendments introduced by the Bill 1 ...
On December 13th, 2023, the Chilean Congress approved a bill that modifies the Labor Code regarding prevention, investigations and sanctioning of sexual harassment, workplace harassment and violence in the workplace (hereinafter, the “Law”). Companies subject to the new regulations The Law is applicable to all companies, regardless of their size. The Law also includes regulations applicable to the State Administration and its multiple agencies ...
On December 12th, 2023, the Chamber of Deputies approved in the second constitutional procedure the bill that "Establishes a Framework Law on Cybersecurity and Critical Information Infrastructure" (the "Bill"). On the same date, the Bill was sent to the Senate and advanced to the third constitutional stage, with all the amendments of the reviewing chamber being approved ...
On November 30, 2023, the Financial Market Commission ("FMC") issued Exempt Resolution No. 9077 (the "Resolution") which agreed to modify the category of transactions "expressed" in foreign currency, to also include those "in" foreign currency, which will be renamed as "transactions in foreign currency and expressed in foreign currency" ...
On Monday 04 de December, Decree No. 164/2023 from the Ministry of the Interior and Public Security was published in the Official Gazette, approving the National Cybersecurity Policy that will be in force during the period 2023 - 2028, replacing the previous Policy, published on January 28, 2017, which was in effect between that same year and 2022 ...
By means of Exempt Resolution No. 1,268 dated November 20, 2023, published in the Official Gazette on November 30 (the "Resolution"), the Ministry of the Environment (the "MMA") opened a public information period to receive background information to regulate photovoltaic panels in the draft Supreme Decree that will establish collection and recovery goals and other obligations associated with piles and electrical devices (the "Decree"). As a context, by means of Exempt Resolution No ...
By means of Agreement No. 33/2023 dated November 3, 2023, the Council of Ministers for Sustainability and Climate Change approved the proposed Supreme Decree that establishes collection and recovery goals and other obligations associated with the priority product lubricating oils (the "Decree") prepared by the Ministry of the Environment (the "MMA") ...
On November 3rd, the Ministry of Labor and Social Security published Decree No. 36 (the "New Decree") in the Official Gazette. This decree amends Supreme Decree No. 64 of 2017, issued by the Ministry of Labor and Social Security (the "Decree No. 64"), which approves the Regulation of Chapter II of Law No. 20.015 "on the Labor Inclusion of Persons with Disabilities" (hereinafter the "Labor Inclusion Law"), in Title III of Book I of the Labor Code ...
Internal investigations are an integral part of organizational management, with the objective of determining the occurrence of wrongdoing, misconduct, or non-compliance within the company. Through these internal investigations, companies can wield their disciplinary powers, identify risks, design measures to control them, enhance the internal compliance culture, and mitigate the liability of the organization and/or its management ...
On September 29, 2023, Decree No. 4, dated January 25, 2023 (the "Regulation"), issued by the Ministry of the Environment (the "Ministry"), was published, coming into force the Emission Compensation System for stationary sources subject to Green Tax[1] (the “System”). The System promotes the development of emission reduction projects (the "Projects") ...
The Ministry of Economy published the new proposed Regulation on Price Information per Unit of Measurement of Products (Decree No. 229 of 2002), which seeks to improve the transparency and quality of the information provided to consumers regarding the prices of products both in physical stores and online, so that they can make informed purchasing decisions and promote fair competition in the market ...
Following the route set out in the ongoing constitutional process and taking into consideration the draft prepared by the Expert Commission and the amendments presented during the respective discussion in the Joint Commission, the Constitutional Council approved yesterday, the Preliminary Draft of the New Constitution ...
On October 16, 2023, the Council of the Central Bank of Chile ("CBCh") published in consultation a proposal to systematize and update the exchange information requested to entities that are part of the Formal Exchange Market (the "Project"), in compliance with the regulation of the Foreign Exchange Regulations Compendium ("FERC"), together with a reformulation and restructuring of this regulatory body ...
On October 11 of this year, the Chamber of Deputies approved in the third constitutional procedure the amendments proposed by the Senate to the bill that strengthens the financial system and its infrastructure (the "Bill"). These improvements relate to five general issues, which we examine below: Repurchase agreements market (REPOs) The REPO market in Chile has not had the expected development due to uncertainties in the applicable insolvency legislation ...
