Financial Crime World

Chile’s Progress on Implementing the United Nations Convention against Corruption (UNCAC)

Assessment by Fundación Multitudes

The report by Fundación Multitudes provides an assessment of Chile’s progress in implementing the United Nations Convention against Corruption (UNCAC). The report highlights several areas where Chile has made improvements, as well as areas that require further attention.

Progress Made

Chile has made significant strides in implementing UNCAC. Key areas of improvement include:

  • Civic Space: Citizens have opportunities to participate in public policy making and decision-making processes, including co-creation of measures like the National Public Integrity Strategy and Open Government Partnership Action Plans.
  • Independence in the Judiciary: The Public Prosecutor’s Office and judiciary enjoy functional independence, with support courts in place such as the Specialized Anti-Corruption Unit (UNAC) and International Cooperation and Extraditions Unit (UCIEX).
  • Transparency Commission: The Chilean Judicial Branch has a Transparency Commission, which is accessible through electronic channels and obtained outstanding scores in the Justice Center of the Americas (CEJA) rankings.

Areas for Improvement

However, the report also identifies areas where Chile needs to improve:

  • Private Sector Transparency: There is no law regulating private sector transparency, and efforts are voluntary.
  • Anti-money laundering: The Financial Analysis Unit (UAF) regulates anti-money laundering, but there is a lack of communication and coordination with other public institutions, and the absence of a “safe havens” regulation.
  • Asset recovery: Chile has focused on compliance with FATF recommendations, but issues such as a centralized system for collecting asset recovery data and adequate mechanisms for custody and administration of assets are still pending.
  • Mutual Legal Assistance: While Chile offers assistance in a constructive and timely manner, it does not allow for non-conviction-based confiscation or forfeiture of assets.

Recommendations

To ensure the full implementation of UNCAC in Chile, the report recommends several priority actions:

  • Promoting the implementation of the “National Strategy for Public Integrity” to coordinate anti-corruption policies and behaviors.
  • Implementing a legal framework for prevention, transparency, and monitoring of crimes in the private sphere.
  • Systematizing codes of ethics, internal controls, and audits to certify good practices and prevent irregularities.
  • Generating more structure in the Anticorruption Alliance Chile and adopting an appropriate guideline to create working groups integrated transversally into the public administration, private entities, academia, civil society organizations, and international organizations.

Overall, the report highlights both progress and areas for improvement in Chile’s implementation of UNCAC. By addressing these challenges, Chile can continue to strengthen its anti-corruption efforts and promote a more transparent and accountable society.