Sectoral Authorization Framework Law and new economic crimes

On July 4, 2025, the Congress approved the Framework Law of Sectorial Authorizations (“LMAS”), the unconstitutionality request was rejected on July 22, 2025, and therefore the law is in the process of being enacted and published.

Its purpose is to simplify and reduce permit processing times for investment projects. In addition to its objective of streamlining permits, the LMAS introduces new economic crimes, which directly affect Companies’ Crime Prevention Models (“MPD”).

The crimes incorporated into Law No. 21,595 on Economic Crimes (“LDE”) are the following:

a) Second category economic crimes (crimes committed by persons in the exercise of offices, functions or positions in a company, or for the benefit of a company).

Submission of False or Incomplete Information: Penalizes whoever, with the intention of evading an authorization, submits false or altered information, or omits essential information in a sworn statement or notice. The omission shall be considered essential when, by itself, it is decisive in the process of obtaining an authorization.

False certification or report by a recognized professional: Penalizes the recognized professional who certifies or reports falsely on the matters entrusted to him/her by the sectorial regulations.

Submission of false certification or report: Penalizes the person applying for an authorization who knowingly submits false certifications, reports or instruments from professionals or recognized entities to the competent sectorial body.

The penalties for these three offenses are a minimum term of imprisonment (61 days to 3 years) and a fine of 100 to 1000 Unidades Tributarias Mensuales, without prejudice to the applicable administrative sanctions.

b) Third category economic crime (“official” crimes, i.e. those involving someone in the exercise of an office, function or position in a company or when the act was perpetrated for the economic or other benefit of a company):

Infringement of the duty of confidentiality. Penalizes the officials of the Office of Sectorial Authorizations and Investment, who fail to comply with their obligation of absolute reserve and secrecy of the information and documents referred to activities or projects of which they become aware in the performance of their duties, as well as those they prepare, prepare or keep in their possession, provided that these are not public.

The sanction for this crime is a minor imprisonment in any of its degrees (61 days to 5 years) and a fine of 10 to 30 Unidades Tributarias Mensuales, in addition to the corresponding administrative responsibility and removal from office.

c) Updating of article 2 N°7 of the EDL, regarding payment card frauds. The paragraphs f) and h) of Law 20009 (which regulates liability for loss, theft or fraud in means of payment) are replaced by the current paragraphs a) and b) of said law, thus updating the legal reference in accordance with the legislation in force.

Implications for Corporate Criminal Liability.

Law 20393, on criminal liability of companies, since it considers economic crimes as “base crimes” of the criminal liability of the legal person.

The new crimes generate new risks for companies in the processing of their permits or authorizations.

Therefore, it is recommended that companies analyze their internal processes and activities, as well as the risks arising from this legal change, updating both their risk matrices and their Crime Prevention Models, and training processes, to reduce exposure to such risks, and to comply with the requirements to exempt the company from criminal liability that these crimes may entail.

From the Corporate & Compliance area of Ontier Chile, we remain at your disposal for any consultation or clarification you may require in this regard.