Compliance in Chile

'Great for the technical quality and knowledge of its lawyers', BCP Abogados' ten-member team has a pre-eminent name in the market for its development and implementation of companies' crime prevention strategies in accordance with Law 20,393, which established the criminal liability of legal entities. Within the compliance practice group the firm houses specialists in criminal compliance, anti-corruption, asset laundering prevention and anti-terrorist financing. In addition, the group is experienced in complex litigation, defending economic criminal charges, tax crimes, crimes and corruption by officials, contentious administrative cases and civil litigation. Founding partner Matias Balmaceda is an expert in both criminal litigation and compliance, including the design and implementation of crime prevention models; he leads a practice group that houses a group of experienced senior associates Iván Millán ('exhaustive follow-up'), Rodrigo Aldoney ('stands out') and Antonia Bernales, who co-lead the practice alongside Balmaceda.

'Standing out for its experience, knowledge and preparation', full-service market leader Carey's compliance and anti-corruption practice assists a wide range of foreign and local clients with corporate governance and regulatory and compliance matters, along with related disputes. In addition to its advice on the Chilean Corporate Criminal Liability Act, clients benefit from the team's provision of multi-jurisdictional advice in relation to corruption and money laundering matters. Also of note, the firm has been the Chilean legal partner of TRACE Anti-Corruption Bribery Systems since 2014. Civil and commercial litigation specialist Ricardo Reveco and co-head of the firm’s corporate and M&A group, Guillermo Acuña, advise companies on anti-corruption, corporate-crime risk management, internal investigations, ethics and compliance programmes, and anti-money laundering (AML) and counter-terrorist financing (CTF). Essential support is provided by highly-rated associate Pablo Albertz, 'a great asset and one of the few lawyers around who specialises in compliance'.

‘The absolutely trustworthy‘ Albagli Zaliasnik fields an ‘outstanding‘ six-member compliance unit that is known as AZ Compliance and combines the firm’s experience in corporate law with its criminal-litigation expertise. Clients also benefit from the practice’s expertise in anti-corruption investigations and crime prevention models, with its range of work covering internal investigations, due diligence, compliance programmes, diagnostic audits and training. The principal practitioners are: managing partner and co-head of the corporate group, Rodrigo Albagli, whose broad practice includes the implementation of corporate compliance models and legal risk management; along with Eduardo Anguita, Jaime Winter and Daniela Hirsch, associate directors of the corporate, white-collar litigation and compliance groups, respectively. Since publication, Hirsch has moved in-house at Laboraorios Grünenthal and been replaced as head of compliance by May-2022 hire, Francisca Franzani , who was formerly a senior associate at Carey.

'Covering highly complex tasks', Barros & Errázuriz's six-member team 'delivers quality solutions'; it has extensive experience in assisting and defending clients in relation to the Chilean rules on AML, anti-bribery and counter-terrorism financing legal frameworks. The team's lawyers have impressive expertise in internal investigations, administrative investigations, enforcement actions and compliance programmes, as well as advising on financial institutions' risk management. The team's key practitioners include Javier Díaz, the firm’s regulatory expert on financial and capital market transactions, who also handles securities litigation; M&A and capital markets specialist Cristián Barros, who has been actively involved in the development of the compliance department; and associate practice director Juan Cristóbal Schmidt, who plays significant roles in both the compliance and capital markets groups.

Providing 'a first-class service', the four-member compliance team at DLA Piper Chile, co-led by highly regarded partners Diego Noguera and Mauricio Halpern, has particular experience in sectors such as, forestry, mining, retail, energy, publishing and heavy industry. Noguera leverages off his extensive experience in corporate law and capital markets to assist with the identification of specific risks and potential conflicts of interest between private entities and public agencies; while Halpern, informed by his previous experience as in-house counsel, advises on risk assessment, internal control measures, fraud investigations, training, and internal and official reporting. The firm also fields a robust litigation department, while the white-collar practice (launched in 2019) is led by counsel Ignacio Schwerter. Further support is provided by regulatory compliance associate Andrea de la Vega.

Housing a five-strong department, FerradaNehme has been developing preventative models and systems for its clients since 2008; and in 2013, the firm formally launched a compliance practice. The team is highly rated for its advice on complex compliance systems, in relation to competition, criminal law, environmental matters and data protection; and in 2020 broadened its practice through the inclusion of technology matters (in relation to privacy impact assessments). With a significant criminal litigation background, 'efficient and decisive' team head Rafael Collado is consistently sought out for his assistance with internal control procedures, criminal and administrative sanctions that apply to company directors, and new legislation. Also on hand is senior associate Lucía Álvarez, who advises on criminal-related compliance matters.

'One of the most important law firms in Chile', Guerrero Olivos' four-member compliance group particularly stands out for its representation of companies from the mining and metals and energy sectors. The team was recently particularly active in the development of tailored compliance and crime prevention manuals, as well as regarding corporate protocols; its assistance ranges from business-model risk assessments to potential breach analysis, training, internal codes of conduct, and corporate regulations and procedures. The practice also regularly works alongside its corporate governance, competition, environment, tax, labour, banking and finance and regulatory colleagues on anti-corruption, corporate criminal liability, AML and freedom of information law issues. Team leader Pedro Pellegrini is a governance specialist, while associate Alejandra Leiton also plays an active role on compliance matters.

Prieto Abogados' 'solid team' traditionally fields specialists in transaction-related compliance issues, but it has also extended its coverage to include anti-bribery and corruption due diligence, internal auditing, training, administrative sanctioning, compliance policy drafting, and designing internal compliance and crime prevention systems. The team can draw on the broader firm's expertise in the energy, TMT, insurance, real estate and private equity sectors (among others), and the practice group fully integrates specialised areas typically required for a full compliance programme, such as antitrust, labour law, environment and corporate law. 'Excellent practice leader', José Andrés Pascual Moreno has vast experience in compliance and anti-bribery matters and particular expertise in corporate compliance issues. Key assistance comes from 2017 associate-hire Diego Madariaga who assists with compliance and anti-bribery work.

Cariola Díez Pérez-Cotapos' multi-disciplinary, four-member team consistently works alongside the firm's tax, IP, labour, regulatory and litigation departments. Representative work includes advising on the prevention of (or response to) criminal and administrative infringements, in relation to internal fraud, prosecuting authorities' interrogations, and the defrauding of third parties; the practice also assists with the implementation and monitoring of compliance models. In addition to heading the firm's white-collar practice, the 'highly recommended' Jorge Boldt (a partner since 2018) is the lead compliance adviser; key support is provided by associate Lorena Avendaño.

'Tailored to clients' needs', Honorato | Delaveau's team is strategically focused on the detection, treatment, and mitigation of risks, in relation to corruption, financial crime, unlawful competition, tax crimes and consumer violations, along with data protection, information security, labour-related violations and environmental matters. Director Carlos Frías, an experienced compliance lawyer (particularly in the financial sector), served as GC and compliance manager for Moneda Asset Management for almost a decade; specialised in criminal law matters, fellow director Rebeca Zamora ('vast knowledge and experience') advises compliance officers on the development of their activities, particularly in relation to investigations and internal audits.

Urenda, Rencoret, Orrego y Dörr's 'excellent team is always up to date'. The six-strong group is regularly sought out for its compliance assistance with the adaptation and implementation (including training) of internal corporate policies and codes, in relation to anti-corruption, competition, data protection, securities, and labour and environmental law. It is also on hand to assist international clients with their compliance programmes, in relation to both the Foreign Corrupt Practices Act and UK Bribery Act. The key contacts are name partner Alberto Rencoret (labour law-related compliance) and Nicholas Mocarquer (compliance-related anti-corruption, competition and data protection), along with Ignacio Urrutia (compliance-related environmental matters).