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Amendments to Chile’s Corporate Criminal Liability Law Enter Into Force

– The Importance of Strong Crime Prevention Programs –

On January 21, 2020, a group of representatives in the lower chamber of the Chilean Congress submitted a motion to systematize economic and environmental crimes, arguing that the then-existing Chilean criminal law was inadequate to address this specific time of criminal activity. According to the proponents of the new law, the fight against “white collar” crimes, which normally are committed by persons with relatively higher education and social position, required modernization of the weak Chilean law, specifically, strengthening of various matters, such as the applicability and likelihood of custodial sanctions, the amount of fines, the method of holding legal entities criminally liable. The result of the legislative debate was Law No. 21,595 (“Economic Crimes Law” or “Law”), which introduced substantial...To read the full article, please see the PDF file

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Authors

清水 誠

Makoto is an M&A/corporate partner. He has advised on numerous cross-border and domestic mergers and acquisitions for a variety of clients including business entities, financial institutions and private equity funds. He also worked for a leading Brazilian law firm for one year and is a key member of the Latin American Practice Group of Nishimura & Asahi, and provides legal advice to clients that operate businesses in Brazil and other Latin American countries.

梅田 賢

Masaru UMEDA

  • LPC Partner
  • Nagoya New York

Mr. Umeda has a wide range of experience handling corporate matters for Japanese clients investing in the U.S. and Mexico. He was seconded to a Mexican law firm (Mexico City and Queretaro) from 2016 to 2018, where he was involved broadly in corporate matters concerning Japanese companies operating in Mexico. Since 2019, he has provided practical support to Japanese companies located in the U.S. and Latin America in regard to M&A, general corporate legal affairs, compliance, labor management, disputes, and debt collection, while giving due consideration to local practices. In addition to his work on U.S.- and Mexico- related matters, Mr. Umeda also utilizes his connections with leading law firms in Latin America to allow for collaboration at a local level and thereby provide more flexible support to clients.

Kaori Hirose primarily specializes in corporate crisis management and compliance-related matters and has particular expertise on global compliance cases.
In that area, she regularly counsels clients on a wide variety of legal issues, including bribery to foreign officials (FCPA), cartels, and other compliance matters involving antitrust laws, as well as product quality/inspection fraud and environmental regulation violations. She provides comprehensive advice throughout the entirety of a corporate crisis, starting from occurrence of the crisis, through internal investigation, to the establishment of preventive measures. She collaborates with local counsel in other countries to support clients in regard to both internal investigations and those by governmental authorities, and also advises global companies on the development of compliance systems and internal rules, etc. under normal corporate operating conditions.
Furthermore, by leveraging the experience she obtained through her secondment to law firms in Latin America, she provides support and legal advice on compliance and general corporate matters to clients that conduct business in Latin American countries.

ダニエル・アレハンドロ・モリス・オレジャナ

In the field of Competition Law, Daniel provides support in complex merger filings, cartel cases, leniency applications, internal investigations, and general antitrust matters. In the field of International Trade Law, Daniel has been involved in a wide range of matters, including WTO disputes, trade remedies (anti-dumping, subsidies, safeguards, anti-circumvention measures) domestically and internationally, and matters involving economic partnership agreements such as the CPTPP. Daniel is known for his deep understanding of each topic and practical approach.