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Chile's KYC Rules: Verifying Identities, Preventing Laundering

· 2 min read
Daniel Smith
Money Laundering Specialist

KYC Requirements in Chile's Banking Sector

This article provides an overview of the legal framework, relevant authorities, and customer due diligence requirements for Anti-Money Laundering (AML) compliance in Chile. Below, we discuss the Know-Your-Customer (KYC) guidelines and regulations, which aim to verify the identity, suitability, and potential risks involved in establishing and maintaining business relationships.

National Regulatory Framework and Effective Date

  • AML in Chile is primarily governed by Law No. 19,913, enacted in 2003 [1]
  • Established the Financial Analysis Unit (UAF) and amended provisions relating to money and asset laundering.
  • Other relevant regulations: Law No. 20,393 (2009) and Law No. 20,730 (2014) [2]

Relevant Authority and Purpose

  • UAF: a decentralized public service under the Ministry of Finance [1]
  • Responsible for implementing and enforcing AML controls in Chile [1]
  • Objective: to prevent and hinder the use of the financial system and economic activities from being used to commit crimes related to money laundering and terrorism financing [1]

Customer Due Diligence

  • Informing Entities [1], including banks, financial institutions, and other specified entities, are obliged to identify and know their customers [1]

Requirements

Informing Entities must request and maintain specific customer information and records:

  1. Customer Due Diligence and Customer Knowledge Register
  2. Establishing a relationship or executing transactions above a specified threshold
  3. Instances of high-risk situations, such as suspected money laundering or terrorist financing [1]

Third-Party Dependence

  • No reliance on third parties to meet AML regulations [1]
  • Not authorized to comply with AML regulations on behalf of other entities in Chile [1]

Entities and Individuals Subject to KYC Requirements

  • Banks, financial institutions, factoring companies, foreign exchange offices, and various financial services companies [1]
  • Individuals transporting cash or negotiable instruments over USD 10,000 [3]

Reporting Suspicious Transactions

  • Required information not provided or determined to be false or untrue [1]
  • Report to UAF as a suspicious transaction [1]
  • Update customer files annually or upon significant changes [1]

[1]: Law No. 19,913, 2003 [2]: Law No. 20,393, 2009 and Law No. 20,730, 2014 [3]: Chilean Customs regulations