CHILE Law and Practice Contributed by: Ricardo Rozas, Max Morgan and Stefano Perretta, Jorquiera & Rozas Abogados
As regards other regulations enacted as part of US, UK or any other country’s law, generally Chilean law does not recognise these; how - ever, sound Chilean compliance practice does consider them (particularly their extraterritorial effects). 8.4 International Conflict(s) The authors are not aware of recent cases dealt with by Chilean courts on maritime disputes relating to non-performance of obligations owing to the war in Ukraine. 9. Additional Maritime or Shipping Issues 9.1 Other Jurisdiction-Specific Shipping and Maritime Issues Law 21,132 Law 21,132 came into force on 31 January 2019 with the aim of modernising and strength - ening the Chilean National Fishing Service (SERNAPESCA). Among other things, the law amended the General Fisheries and Aquaculture Law (Law 18,892, or the “Fishing Law”) and the Corporate Criminal Liability Law (Law 20,393) in connection with the criminal consequences of water spills. Law 21,132 introduced new definitions of crimi - nal offences in connection with marine biological resources, including the exploitation of banned natural resources or products extracted from the seabed, and overfishing. As regards water spills, Article 136 of the Fish - ing Law was amended to penalise not only mali - cious acts but also negligence. The new wording of Article 136 of the Fishing Law reads as follows (first and second paragraphs):
“Anyone who without authority or in contraven - tion of its conditions or in breach of the applica - ble rules, brings or orders the placing of chemi - cal, biological or physical polluting agents into the sea, rivers, lakes or any other body of water that causes damage to hydro-biological resourc - es shall be punished with minor imprisonment from medium to maximum degree and sanc - tions of 100 to 10,000 Chilean Unidad Tributaria Mensual (UTM, an administrative currency unit) (approximately USD7,300–USD730,000). If the above conduct is committed with reck - lessness or mere negligence, the penalty shall be minor imprisonment in its minimum degree and sanctions from 50 to 5,000 Chilean UTM (approximately USD3,650–USD365,000) without prejudice to the administrative penalties.” The Corporate Criminal Liability Law The Corporate Criminal Liability Law (Law 20,393) regulates the criminal liability of com - panies and other legal persons. Generally, it pun - ishes terrorism financing, bribery, money laun - dering and disloyal administration (also known as base crimes). The companies are penalised if the offences are committed by their employees or representatives to the benefit or in furtherance of the direct interest of the relevant company, provided that the commission of the crime is the consequence of the company’s breach of its direction and oversight duties. Law 21,132 extended criminal liability for the above-mentioned offences under the Fishing Law to legal entities. Accordingly, the list of base crimes under Law 20,393 now comprises those relating to water spills and damage to marine biological resources.
109 CHAMBERS.COM
Powered by FlippingBook