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Compliance and Anti-Corruption
Computer crimes are incorporated to Law No. 20.393, which establishes the criminal liability of legal entities.
On June 20, 2022, Law No. 21.459 on computer crimes was published, which incorporates new crimes to Law No. 20.393, which establishes the criminal liability of legal entities.
In effect, criminal liability is extended by incorporating in the catalog of base crimes the crimes of i) attack to the integrity of a computer system, ii) illicit access, iii) illicit interception, iv) attack to the integrity of computer data, v) computer forgery, vi) reception of computer data, vii) computer fraud, and viii) abuse of devices.
Likewise, Law No. 21.459 amended Law No. 19.913, which created the Financial Analysis Unit, by incorporating the above mentioned computer crimes to the criminal offenses that must precede the crime of money laundering.
Financial Analysis Unit issued recommendations on the use of digital media for the compliance of certain procedures.
On November 2, 2021, the Financial Analysis Unit (“UAF”) issued Official Communication No. 663, by means of which it makes recommendations on the use of electronic media in the preventive systems against money laundering and financing of terrorism of regulated entities, since it has detected a low use of such media, especially in relation to the background request form, referring to the identification of Politically Exposed Persons (“PEPs”), and the form for the identification of beneficial owners.
In this regard, it is recommended that all obligations imposed by law and by UAF circulars may be fulfilled by electronic means, which will be fully valid for the purposes of the corresponding audits.
It is also noted that regulated entities may collect and store information electronically, for which purpose they must take special care to have mechanisms in place to ensure the identity of the clients who provide the information.