Chile 🇨🇱

CHILE: ANTICORRUPTION BEST PRACTICES

Chile has implemented the following good practices:
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MANDATE 1, 13, 26

Category: A, B & C
Implementation of Integrity Systems for the public institutions of the State of Chile designed and implemented by the public services of the State, not only with the codes of ethics, but with a structure that contains dissemination processes and training, consultation channels, complaints and penalties associated with current regulations, a follow-up and monitoring system and constant updates of both its contents and its processes; strengthening a public ethical culture and organizational ethical criteria.

MANDATE 1, 4, 13, 16, 17, 33

Category: A, B & D
Chile’s Fourth Action Plan under the Open Government Alliance (OGP), to strengthen democratic institutions and the fight against corruption in Chile and the Region, granting the necessary guarantees to the competent authorities for the good performance of its functions.

This plan, was co-created jointly by the Government, civil society and academia, so that various public institutions have committed to the realization of its commitments that tend to greater transparency in various areas, all which are, in short, controlled by citizens.

MANDATE 1, 4, 13, 16

Category: A & B
Law N° 20,285 on access to public information, that continues to strengthen national anti-corruption systems or measures and improve the conditions for the effective participation of civil society, social organizations, academia, private sector, citizens and other social actors in monitoring government management, including the establishment of prevention mechanisms, channels for reporting possible acts of corruption, as well as facilitating the work of citizen observatories or other social control mechanisms, encouraging the adoption of electronic participation mechanisms.

MANDATE 2, 34

Category: A & E
The Handbook on Corruption Crimes is a compendium of doctrine and jurisprudence available in the area of corruption, addressed to the prosecutors of the area, prepared by the Specialized Anti-Corruption Unit of the National Prosecutor's Office.

MANDATE 4, 13

Category: A & B
Programs run by the Comptroller’s Office: Citizen Comptrollers Program; Comptroller at your school; Guided tours; and Young.
Theoretical-practical workshop that disseminates the subject of ML and TF to the officials of the Internal Revenue Service (SII) : virtual workshop, prepared by the officials responsible for the SII, belonging to the Department of Actions of the Tax Compliance of the Sub-directorate of Supervision, whose implementation was carried out in the jurisdictional units of the country and whose goal is to cover 100% of officials by 2020. This workshop is currently under update for its implementation during 2019.

MANDATE 10, 14, 29, 32

Category: A, B & D
The action and responsibility of those involved in public procurement is very relevant and ChileCompra issued (in 2018) Codes of ethics for buyers and suppliers of the State.

MANDATE 10, 13

Category: A & B
The Law 20,880 of 2016, on probity in the public service and prevention of conflicts of interest seeks, among other things, to promote the adoption of measures that prevent conflicts of interest, as well as the presentation by public servants of financial statements and financial information, as appropriate.

With this new legislation, the standards of conduct applicable to all those who perform a public function are raised, establishing new parameters that adjust to a growing demand for a more integrous State by the citizens.

MANDATE 11, 26

Category: A & C
Development of Codes of Conduct or Ethics at the local level through a participatory process that promotes high standards of ethics and integrity in the municipalities.

The Codes of Ethics are understood as a tool that allows to concur participatively the ethical and legal standards that characterize an institution, releasing them with the objective of generating a work coexistence based on common values.

MANDATE 12, 21, 24, 26, 35, 48

Category: A, B, C, E & F
Law No. 21,121 of 2018, which modifies the Criminal Code and other legal norms for the prevention, detection, and prosecution of corruption. It adopts a legal framework to hold legal persons accountable for acts of corruption, in accordance with the United Nations Convention against Corruption and the Inter-American Convention against Corruption.

MANDATE 12, 33, 38

Category: A, D & E
The anti-corruption portal - alianzaanticorrupcion.cl is a website that compiles all activities carried out by the Public and Private Sector in relation to the United Nations Convention against Corruption (UNCAC).
Law No. 20,730 of 2018 regulates the lobby and the procedures that represent particular interests before the authorities and officials whose purpose, in relation to the Lima Commitment, is to continue strengthening national anti-corruption systems or measures and improve the conditions for effective participation of civil society, social organizations, academia, private sector, citizens and other social actors in monitoring government management, including the establishment of prevention mechanisms, channels for reporting possible acts of corruption, as well as facilitating the work of citizen observatories or other social control mechanisms, encouraging the adoption of electronic participation mechanisms.

MANDATE 14, 17, 33

Categories: B & D
The ClaveÚnica consolidates the digital identity of all people, which is formed by the binomial of National Single Role and a key created by the person. This ClaveÚnica allows you to identify yourself in all the institutions of the State, in digital form, which allows access to a large number of procedures online.

MANDATE 14, 29, 32

Categories: B & D
Contest to recognize and disseminate good practices of private institutions in the fight against corruption: As a member of the Anti-Corruption Alliance, ChileCompra joins the promotion of this call that will be open to public and private institutions until March 11, 2019 through the Anti-Corruption Alliance portal.

MANDATE 14, 17, 33

Categories: B & D
ChileAtiende: Multiservice Network of the State, which seeks to bring the benefits and services of public institutions to people.

MANDATE 14, 33

Categories: B & D
Open Data - Ministry of Finance: This ChileCompra site delivers data on public purchases made through the Public Market platform to facilitate its analysis, monitoring, control, development of new applications or other relevant purposes.

MANDATE 14, 27, 28, 29, 33

Categories: B & D
Public Market: The ChileCompra Directorate manages the State bidding platform, www.mercadopublico.cl, the largest electronic commerce platform in the country, through which more than 850 State agencies autonomously carry out their purchases and contracting to more than 117 thousand companies.

MANDATE 14, 17, 33

Categories: B & D
Draft Law Establishing Bases of Administrative Procedures, regarding electronic documents. This bill was presented by initiative of the President of the Republic, Sebastián Piñera Echeñique. In summary, this project mainly seeks to establish the mandatory nature of electronic support in administrative procedures and the exceptional nature of paper support. In this regard, it is intended to implement an electronic platform for the entry and processing of applications, also establishing electronic notification as a general rule.
The Platform Data of the Ministry General Secretariat of the Presidency aims to make it easy to find public information sets of the government. The objective of this tool is that people have access to information on the basis of which the government makes decisions for public policies and that they can also use it for their own research and interests.

MANDATE 16, 17, 33

Categories: B y D
Digital Transformation Strategy 2018-2022. Our Government has defined as a fundamental axis of its management the Modernization of the State, in order to improve management, strengthen access and delivery of close and quality services to people.

MANDATE 16, 17, 33

Categories: B y D
The Transparent Government Initiative is directly related to Law No. 20,285, on access to information, and which establishes the obligation of State bodies to regularly disseminate updated information without anyone requesting it, as a way to make the management they carry out transparent. Likewise, the law creates the need to create an Access to Information portal, where citizens can make their requests for information that is not found in the Active Transparency portal.
Whistleblower Protection Project: Since 2017, the Office of the Prosecutor is working together with EUROsociAL +, in the elaboration of a corruption whistleblower protection model. In 2018, a diagnosis was made of the situation of the whistleblowers, and some recommendations were elaborated, within which it is suggested to modify or create legislation that regulates the matter. During 2019, the support will consist in the drafting of a bill and in the elaboration of an inter-institutional protocol that aims to establish the proper coordination among the institutions that should participate in this area, which would allow an effective application of the law, when it is published.
Implementation of the Codes of Ethics for public institutions of the State of Chile. Promote codes of conduct for public servants that contain high standards of ethics, probity, integrity and transparency, taking as reference the "Guidelines for the Management of Integrity Policies in Public Administrations of the Americas" and a participatory methodology that strengthens the "Organizational Ethical Criteria" and an "Ethical Culture in the State".
The Models of collaborative purchases are an initiative that is part of the State modernization plan promoted by the Presidency, the Ministry of Finance and ChileCompra and aims to generate effective savings.
The Observatory is an internal unit of ChileCompra specialized in monitoring public purchases. Its main focus is to promote a standard of quality and good practices in the processes carried out by public bodies and to give alerts of anomalous behaviors.
The National Training Plan based on Risk of Money Laundering and Financing of Terrorism of the 2018 National ALA/CFT Strategy seeks to strengthen the National Anti-Money Laundering System and against the Financing of Terrorism in Chile, through the dissemination and delivery of relevant information on both phenomena, which allows beneficiary entities to acquire the necessary knowledge to comply with regulations in force against money laundering and the financing of terrorism, and thus, contribute to the maintenance and preservation of the economic and social integrity of the country.
Public Prosecutor's Guides: the Specialized Anti-Corruption Unit of the Chilean Prosecutor's Office has created different documents addressed to the prosecutors, which have as one of their purposes the implementation of the recommendations of the different International Conventions of which our country is part.