The Law Today

New agreement between the Public Prosecutor’s Office and the Internal Revenue Service for the prosecution of economic, tax, corruption and money laundering crimes.

27 Jul 2023

Introduction

The Internal Revenue Service (SII) and the Public Prosecutor’s Office have signed a collaboration agreement to strengthen the fight against economic, tax, corruption and money laundering crimes in Chile.

The Exempt Resolution N°81, issued by the SII on July 20, 2023, formally approves this agreement that was signed on June 13, 2023. The initiative seeks to promote collaboration and reciprocal coordination between both institutions, in order to develop strategies and projects in the medium and long term, data analysis, statistics, training and other activities that contribute to strengthen the investigation and prosecution of highly complex crimes.

Among the fundamental pillars for the fulfillment of the objectives are:

1. Strategic planning: Both institutions are committed to establishing clear and achievable objectives, defining concrete commitments and evaluating the quality and impact of the proposed measures.
2.Efficiency: The aim is to create procedures and collaborations that generate value and better results with an efficient use of resources and personnel.
3. Digital transformation: The agreement will promote the adoption of available technologies and tools to effectively achieve the proposed objectives.

Among them, the following are highlighted:

Coordination for the criminal prosecution of tax crimes: Collaboration will be optimized in cases involving both institutions, designating “tax criminal coordinators” at the national and regional levels for greater efficiency.

Support in corruption and money laundering cases: Permanent cooperation will be maintained to improve efforts in the detection and investigation of these crimes, including the communication of conditional suspensions of proceedings and reparation agreements. The above, under national and international guidelines, such as, for example, the recommendations of the OECD.

Data analysis and statistics: A coordination body will be established to share information and data related to tax crimes in order to improve the effectiveness of criminal prosecution.

Technological integration: Collaboration and communication mechanisms will be implemented, as well as integration software solutions, to simplify access to and use of information. For example, through the implementation of a web service or API.

Reciprocal training: Both institutions will develop training activities aimed at officials to improve performance in their respective areas of work.

It will be the task of the SII and the Public Prosecutor’s Office to establish the procedures and formalities of linkage and cooperation to materialize the proposed objectives.

With this strategic alliance, these institutions hope to make significant progress in the fight against crime in the economic and financial sphere, promoting a culture of integrity and responsibility in the country’s business and financial environment.

Additionally, this collaboration demonstrates how public institutions are preparing for the entry into force of the controversial economic crime bill, which has already completed its passage through Congress and whose constitutionality was confirmed by the Constitutional Court on July 18, despite the efforts made by the Confederation of Production and Commerce before this body.

Contact

If you require additional information on this matter, please contact Macarena Naranjo (mnaranjo@jdf.cl) and María Gracia Oyarce (mgoyarce@jdf.cl)

JDF