The 'highly accurate' 10-strong practice at BCP Abogados has an enviable market reputation for its expertise in developing and implementing companies’ crime-prevention strategies in accordance with Law 20,393, which establishes legal entities’ criminal liability. The team is also sought out for its track record in investigating and litigating highly complex economic criminal law cases, as well as its specialisms covering anti-corruption, and the prevention of money laundering and terrorist financing. The practice is co-led by founding partner Matias Balmaceda, who specialises in both criminal litigation and compliance - his experience including designing and implementing crime prevention models for over 150 companies; along with senior associates Iván Millán, a director of the compliance practice, and Antonia Bernales, who frequently litigates heavyweight criminal cases. Former co-director of compliance, Rodrigo Aldoney, left the firm in January 2022.
Compliance in Chile
Matías Balmaceda; Juan Ignacio Piña; Francisco Cox; Iván Millán; Antonia Bernales
‘Highly accurate in detecting problems and their potential solutions.‘
‘I would highlight the commitment shown by the firm’s lawyers.‘
‘Solid knowledge of its matters, and committed and available.‘
‘Very good availability, making its own schedule more flexible depending on the objective’s urgency.‘
‘Great team that knows its subjects very well, and with great capacity in terms of client relations. The lawyers make a client feel like someone special.‘
‘Matías Balmaceda is a great lawyer with a lot of compliance knowledge.‘
‘Senior associate Iván Millán was always available to answer our questions. He effectively guided us to achieve our objective – a crime prevention model.‘
‘Senior associates Iván Millán and Antonia Bernales are committed and dedicated to their work and clients, and they know a lot about the matters they manage.‘
Acting for a wide range of foreign and local clients, Carey‘s ‘very specialised and flexible‘ compliance and anti-corruption practice is widely respected for its advice on corporate governance, regulatory and compliance matters. The group handles both compliance advice on the Chilean Corporate Criminal Liability Act (including compliance programmes), and allegations of corruption and money laundering (frequently requiring multi-jurisdictional perspectives). The firm further stands out for its role as the Chilean legal partner of TRACE Anti-Corruption Bribery Systems, with the compliance team -working alongside the firm’s white-collar crime practice- consistently representing clients facing criminal enforcement actions. The compliance practice of department head Guillermo Acuña (who also co-heads the firm’s corporate and M&A group) focuses on designing and implementing tailored anti-corruption compliance programmes, as well as bribery allegations and internal investigations. ‘Always personally involved in the work‘, associate Pablo Albertz‘s practice covers criminal compliance, anti-corruption, money laundering prevention, corporate crime risk management, and white-collar criminal litigation. Former senior associate Francisca Franzani left the firm in December 2021, since when Rodrigo Aldoney has been hired (from BCP Abogados) as a senior counsel in the firm’s criminal practice – effective as of February 2022.
‘A very specialised and flexible team.‘
‘The lawyers adjust to the needs of the clients and give punctual follow-ups.‘
‘A highly collaborative team.‘
‘Clients value that the highest ranks of the firm are aware of your issues and follow up on them personally.’
‘Associate Pablo Albertz is always personally involved in the work and follow-up on cases.‘
‘Pablo Albertz gives punctual responses and works side by side with the client.‘
Telefónica Global Solutions
Kohlberg Kravis Roberts
Liberty Compañía de Seguros
Wayra Chile Tecnología e Innovación
- Assisted Oracle Chile with the preparation of anti-corruption training materials.
- Assisted Sinovac Biotech Compan with reviewing a series of policies, protocols and procedures that make up part of its compliance programme.
- Advised Honeywell on the design and implementation of a crime prevention model.
Albagli Zaliasnik stole a march on its competitors in April 2022 with the launch of a regional digital platform –"ComplianceLatam"– that brings together the know-how and capabilities of firms in Argentina, Bolivia, Brazil, Central America, Colombia, Ecuador, Mexico, Paraguay, Peru, the United States and Uruguay, as well as Chile, to promote good corporate practice, including organisational culture and regulation as related to compliance. The platform encompasses anti-corruption models, antitrust, data protection and privacy, consumer protection, corporate and labour compliance, regulatory compliance, tax compliance, corporate governance, corporate culture and human rights, as well as focusing on compliance in the digital industry and venture capital sector. Locally, the firm’s six-strong compliance practice (otherwise known as AZ Compliance) specialises in anti-corruption investigations and crime prevention models. Fusing the firm’s corporate law experience with its criminal litigation expertise, it also offers diagnostic audits, risk assessments, internal investigations and due diligence, as well as assisting with the consumer law, data protection and antitrust-related compliance programmes. Moreover, the practice also has a partnership with compliance-based whistleblowing platform, Ceptinel. The driving force behind the development of the ComplianceLatam project, managing partner Rodrigo Albagli routinely assists with corporate compliance models and legal risk management. May 2022 saw former compliance-team director Daniela Hirsch move in-house at Grünenthal; the firm has since hired former Carey senior associate, Francisca Franzani as practice director – she focuses on compliance, anti-corruption and corporate-criminal risk, and has extensive experience in internal investigations and the drafting and implementation of compliance and crime-prevention policies.
Rodrigo Albagli; Francisca Franzani
‘Solid knowledge of compliance practice, and patient and flexible.‘
Fuschs Gellona Silva
Cushman & Wakefield
- Assisted Puma with several compliance issues including the review of internal policies.
- Assisted the current compliance officer of Indumotora (a Chilean car dealership) with reviewing its company protocols.
- Assisted real estate company Actual with several compliance issues, including drafting a crime-prevention manual.
DLA Piper Chile's compliance practice has enviable experience in the forestry, mining, retail, energy, publishing and heavy machinery sectors. The scope of the team’s expertise includes regulatory compliance assessments, the implementation of risk-matrix compliance control mechanisms; designing Law 20,393-related compliance programs; criminal liability prevention models; compliance certification processes; and corporate compliance-related internal investigations. The practice is co-headed by corporate and capital markets specialist Diego Noguera, who routinely identifies potential conflicts of interest between private entities and public agencies; and Mauricio Halpern, whose recent experience includes assisting Finning Chile with a corporate criminal liability compliance programme. At associate level, in addition to her dispute resolution practice, Andrea de la Vega advises companies on criminal liability-related regulatory compliance matters.
Diego Noguera; Mauricio Halpern
American Tower Corporation
Mccann Worldgroup Chile
- Advised Constructora Excon regarding Law No. 20,393, which establishes the criminal liability of legal entities.
- Advised Finning Chile on the regulatory compliance aspects of environmental and health and safety matters.
- Advised American Tower Corporation reagarding Law No 20,393.
FerradaNehme's 'magnificent team of flexible professionals' has substantial experience in compliance work involving competition, consumer, regulatory and public law, along with environmental and privacy issues; the four-member compliance team also has broad expertise in compliance programmes. 2021 saw the firm expand its regulatory compliance practice to cover personal data compliance, as well as privacy impact assessments for both public and private sector clients. In addition to his criminal litigation background, practice head Rafael Collado is an expert in the implementation of prevention programmes and tools, and regularly acts as adviser to the compliance officers of BHP, CAP and Copec. A key member of the firm’s complex litigation practice group, senior associate Lucía Álvarez's practice includes criminal-related compliance work.
‘Magnificent team of flexible professionals, who search for solutions and are knowledgeable about clients’ business.‘
‘Committed, always available and interested in clients’ business, considering the issues as business problems and not just legal ones.‘
‘The firm’s compliance group has extensive knowledge of this subject, and has designed different strategies so as to work during a pandemic.‘
‘Manages different topics in an integral way.‘
‘Great knowledge of the subject, proactivity in keeping clients updated and personalised treatment.‘
‘The quality that stands out is how close the lawyers are to their clients.‘
‘Great proximity and dedicated to clients – they seek to understand our business. Partner Rafael Collado makes a powerful difference.‘
‘Both Rafael Collado and senior associate Lucía Álvarez have the ability to explain complex issues in simple terms, thereby rendering them understandable to companies and their workers.‘
Flux Solar Energías Renovables
Compañía de Aceros del Pacífico
Empresa de Servicios Sanitarios Los Lagos
Ministerio de Ciencia
Puerto Las Losas
- Assisted Essal with compliance issues, including an internal investigation and a criminal compliance programme update.
- Assisted Copec subsidiaries (Emoac, Flux Solar and Copec Aviation) with the combined implementation of an antitrust and criminal compliance programme.
- Assisted CAP with an internal investigation involving subsidiaries in different Latin countries, in relation to anti-corruption and anti-money laundering risks.
Recent activity for the 'extraordinary' compliance practice at Guerrero Olivos has focused on advising companies from the energy, services, finance, automotive, food and beverage, and automotive industries. The team is notably active in relation to the structuring and implementing of tailored compliance and crime prevention manuals and corporate protocols; and clients additionally benefit from the group’s leveraging the firm’s corporate governance, competition, environmental, tax, labour, finance and regulatory expertise, in relation to anti-corruption, corporate criminal liability and anti-money laundering. The department is led by corporate specialist and governance expert, Pedro Pellegrini, whose practice covers corporate risk, internal codes, mitigation plans, reporting (to internal and external entities), and antitrust-related compliance guidelines. Associate Alejandra Leiton is also a key compliance team member.
‘Guerrero Olivos has an extraordinary team of professionals – always willing to help and, above all, understand the needs of our business model.‘
‘We are happy with the very good work that the team has done. Without a doubt, Guerrero Olivos is by far one of the best law firms in Chile – its levels of professionalism, thoroughness, respect and transparency are very high.‘
‘Guerrero Olivos is always innovating and the lawyers work very well in digital mode, which greatly facilitates our day-to-day work and makes our experience as a client excellent.‘
‘Guerrero Olivos stands out for its precision, transparency and extraordinary management of the legal issues, always protecting and safeguarding the interests of clients.‘
‘Excellent human beings, with a clear and available management that makes us feel part of the firm, and the practitioners explain legal issues in a very simple way to those of us who are not lawyers.‘
‘Shows genuine interest in ensuring that everything we do is duly protected by law, and that in turn the legal processes are as simple and quick as possible.‘
‘My point of legal validation for any corporate matter – I have absolute confidence in the team’s abilities and goodwill.‘
Latam Car Group
The Kraft Heinz Company
- Standing advisors to The Kraft Heinz Company (Chile) on corporate governance and compliance issues on a daily basis.
- Assisted AES Gener with governance compliance issues and updating internal corporate guidelines.
- Advised Western Union International on compliance with regulations including anti-money laundering matters, delivering monthly compliance reports, and reviewing policies at a global level.
The compliance practice at full-service firm Prieto Abogados has extensive experience in relation to anti-bribery and corruption due diligence processes, internal auditing, training and assistance with administrative sanctioning. The team is also sought out for its track record in drafting compliance policies, and designing internal compliance and crime prevention systems in relation to antitrust, labour, environmental and corporate law issues. Clients further appreciate the group’s ability to leverage the firm’s sector specialisms in energy, food, TMT, insurance, real state and private equity. The lead partner of the firm’s compliance department, José Andrés Pascual, has substantial experience in compliance and anti-bribery issues, particularly corporate compliance work. At associate level, in addition to advising on corporate, energy and natural resources matters, Diego Madariaga is a key compliance team member.
José Andrés Pascual
‘The team has been able to support our specific needs, meeting the sometimes difficult requirements imposed by our company.‘
‘They deliver an excellent service and know a lot about our business.‘
‘Great for the dedication of José Andrés Pascual and the quality of his associates. The deliverables are excellent.‘
Engie Energía Chile
Mediapro Móviles Chile
Mediapro Contenidos Chile
Delivery Hero E-Commerce Chile
Paysafe Merchant Services Corp
TÜV Nord Group
Inmobiliaria Norte Verde
- Assisted Aguas Andinas, the controlling shareholder of Empresa de Servicios Sanitarios de Los Lagos (ESSAL), on the sale of its entire indirect 51% stake in ESSAL – which included reviewing Grupo Aguas’ internal compliance and crime prevention model.
- Assisted Nova Austral with the design and development of its new crime prevention programme.
- Assists Watt’s with the continuous updating of its crime prevention programme.
Dedicated to the evaluation, certification and monitoring of compliance programmes, BH Compliance‘s sizeable practice comprises lawyers, business administrators and auditors. ‘By far the leader in criminal compliance certification’, the practice’s key figures are ‘excellent lawyer‘ Ramón Montero (a partner since early 2022) and Francisco Bilbao (elevated to director status in June 2020). The firm’s legal and compliance manager, Montero, is in charge of the management of the certification and monitoring processes for compliance programmes, crime prevention models, and antitrust, competition and consumer protection compliance; Bilbao’s track record includes advising over 100 companies on their compliance programme certification processes.
Ramón Montero; Francisco Bilbao
‘BH Compliance is by far the leader in criminal compliance certification.‘
‘It has a very consolidated team, constantly keeping up to date and disseminating its knowledge to the public.‘
‘The lawyers’ processes are agile and they are leaders in the use of technology.‘
‘Subject matter experts with orderly work and periodic monitoring and controls – essential in the field of compliance.‘
‘A very good group that is always available – highly recommended!‘
‘Dedicated professionals with experience in the field and dealing with them is always very pleasant. It is a team of multidisciplinary professionals, who address legal problems from a management perspective, and not just from a legal perspective.‘
‘Ramón Montero is an excellent lawyer, who warns responsibly of the risks while also providing advice and useful tools so as to control those risks.‘
‘Ramón Montero is very sharp in his analysis, very precise, and also extremely responsible – his vision fully encompasses all aspects of compliance analysis, and it is very pleasant to work with him as he always has a constructive approach.‘
Compañía Sudamericana de Vapores
General Motors Financial
- Assisted Anglo America with legal and auditing services in relation to its compliance programmes.
- Assisted Telefónica with legal and auditing services in relation to its compliance programmes.
- Assisted BCI with legal and auditing services in relation to its compliance programmes.
The compliance practice at full-service Barros & Errázuriz is experienced in advising on Chile’s rules concerning anti-money laundering, anti-bribery and counter-terrorism financing. The group’s workload ranges from internal and administrative investigations, to enforcement actions, compliance programmes, and assisting financial institutions with risk management issues. The broad practice of Javier Díaz (a former senior attorney at the Chilean Commission for Financial Markets), includes corporate compliance and corporate governance matters, while managing partner Cristián Barros is also an active compliance-department member. Former associate practice director Juan Cristóbal Schmidt moved in house at US-based claims management company, Crawford & Company in September 2021.
The four-strong compliance department at Cariola Díez Pérez-Cotapos routinely assists with administrative infringements involving internal fraud, investigations, and fraud committed against third parties. Representative work ranges from criminal proceedings to the implementation and monitoring of compliance models. In recent highlights, the team advised DNB Bank (Agencia en Chile) on the design and implementation of a money laundering and terrorist financing compliance programme. A partner since 2018, arbitration and litigation specialist Jorge Boldt -who also heads up the firm’s white-collar practice- has an active compliance practice; associates Lorena Avendaño and Simona Marquet similarly assist with dispute resolution, white-collar and compliance work.
- Assisted B Braun with its compliance programme’s certification process.
- Advised DNB Bank’s Chilean Agency on the design and implementation of a money laundering and terrorist financing compliance programme.
- Designed and implemented Transvip’s antitrust compliance programme.
Honorato | Delaveau fields specialists in the detection, treatment, and mitigation of risks. It is particularly experienced in relation to corruption, financial crime, unlawful competition, tax crimes and consumer violations. Other areas of strength range from data protection and information security to labour-related violations and environmental matters. Elevated to the partnership in December 2021, Carlos Frías is a former GC and compliance manager for Moneda Asset Management; his practice encompasses complex litigation, economic crimes, anti-corruption, money laundering, fraud, enforcement proceedings before administrative or supervisory agencies, conflict resolution, internal crisis management, and the design, implementation, correction, and improvement of compliance programs. José Luis Honorato provides additional partner-level support, while at director level, Rebeca Zamora is experienced in advising legal entities on the design and implementation of compliance programmes.
Rebeca Zamora; Carlos Frías; José Luis Honorato
San Antonio Terminal Internacional
Sociedad Química Mineral
San Vicente Terminal Internacional
Credicorp Capital Chile
Banco de Crédito del Perú (Representative office in Chile)
- Advised Buda.com on the implementation and development of its crime prevention programme.
- Assists Citelum, on an ongoing basis, with its prevention programme, including the application of a set of rules and procedures to identify risks and manage them through internal controls.
- Advising SAAM on the creation and implementation of manuals for the prevention of money laundering and financing of terrorism, incorporating compliance mechanisms and systems for reporting and investigating complaints.
Estudio Lewin Abogados
Estudio Lewin Abogados' compliance practice is routinely sought out by companies’ counsels and boards to assist with the design, implementation and management of compliance programmes; the group’s specialisms also include internal investigations. With the firm since 2020, of counsel Marco Mercado is a former criminal prosecutor and FNE (National Economic Prosecutor) officer, whose career additionally includes four years as Falabella’s corporate compliance management head. The department can also leverage the partner-level experience of Nicolás Lewin and Fernando Araya, both of whose broad practices include compliance work.
‘The team knows its practice areas and provides a very coordinated service; and being a small team dedicated to specific matters, it provides a quality and responsive service.‘
‘Quality of service, robust knowledge and strong legal knowledge.‘
‘Expertise and answers that apply to the reality of our business.‘
‘Nicolás Lewin stands out in relation to delivering very grounded solutions for our business.‘
The six-member department at Urenda, Rencoret, Orrego y Dörr's consistently advises on the implementation (including training) of internal corporate policies and codes, particularly in relation to anti-corruption, competition, data protection, securities, and labour and environmental law compliance. The team also assists with internal compliance-related reviews; and assists the firm’s international clients (on an ongoing basis) with adapting their FCPA and UK Bribery Act compliance programmes to Chilean requirements. The practice is co-led by labour law-related compliance specialist Alberto Rencoret; Nicholas Mocarquer, whose experience includes compliance-related anti-corruption, competition and data protection matters; and Ignacio Urrutia, an environmental law compliance expert.
Nicholas Mocarquer; Alberto Rencoret; Ignacio Urrutia
Kospo Power Services
Inmobiliaria Mall Viña del Mar
- Advised Aceros Aza on the update of its crime prevention programme.
- Advised Dow, Mall del Centro de Concepción and ASPROCER on compliance with the obligations arising from new waste management regulations.
- Advised Sony Chile on measures it needed to take to comply with the obligations set forth in recent legislation, namely Law 21.398.