El Mercurio | Regarding the legislative project on economic intelligence
With regards to the Congress discussion of a bill on economic intelligence, the Government has submitted a proposal to the House allowing the lifting of bank secrecy by the Unit of Financial Analysis (UAF), without prior court authorization. This is to fight money laundering and the financing of terrorism. Specialists consulted by El Mercurio, a Chilean daily, analyze the amendment and raise questions about it.
Alfredo Niklitschek Dabiké, Senior Associate of our Dispute Resolution area and Professor of Procedural Law at Pontificia Universidad Católica de Chile, was interviewed on the matter.
“There is a broad consensus that new and efficient legal measures should be implemented to prosecute and punish organized crime, although some argue that the power to lift bank secrecy should be subject to prior judicial authorization, and not at the mere discretion of a state agent. It would be wrong to maintain that those who demand this preventive control measure are evaders, criminals or politicians with illegal financing, on the contrary, jurisdictional control is demanded precisely to avoid abuses of power and administrative error such as those evidenced in recent times”, he says.
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Alfredo Niklitschek D.
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