HSE University Anti-Corruption Portal
Chile Adopts an Integrity Strategy
Natalia Gorbacheva, Vladislava Ozhereleva

Chile has adopted a National Strategy of Public Integrity (Estrategia Nacional de Integridad Pública, hereinafter referred to as the Strategy).

The document has been developed in cooperation with anti-corruption experts from over 60 public bodies, as well as representatives of civil society organisations, academia and the business community.

The Strategy comprises 210 measures aimed at ensuring integrity and countering corruption in the public sector and distributed across five key areas:

1. Public and municipal service

The goal in this area is to enhance the efficiency of performance of public and local government bodies.

In order to achieve it, the Strategy sets such objectives as:

  • Draft and adopt a bill on preventing conflicts of interest that will establish, in particular:
  1. Restrictions and prohibitions for former officials of public and local government bodies;
  2. Restrictions on employment of relatives of officials in the supreme authorities where the latter hold positions;
  3. Prohibition for officials to have their relatives in subordinate positions;
  • Adopt a bill regulating the activities of local government bodies and the organisations subordinate to them and introducing, in particular:
  1. Enhanced control of the municipal corporations (legal persons of the private law and not-for-profit organisations founded in accordance with the Civil Code and Decrees of the Ministry of Justice No. 462/81 and No. 110/76 – author’s note), in particular, the imposition of the obligation to undergo external audits on these organisations in the event that the State allocates to them over 10,000 UTM per year (roughly 645,000,000 CLP or around 659,000 USD);
  2. Prohibition for mayors to appoint their children, parents, and spouses/partners to high-ranking positions.
  • Introduce the prohibition to hold public offices within ten years from the moment when an official is found guilty of a corruption crime;
  • Formulate and raise awareness of all public bodies of the recommendations on how to implement codes of conduct for officials;
  • Organise anti-corruption training initiatives for officials;
  • Impose the obligation to respect and promote the principles of integrity on senior officials etc.

2. Public finances

The second area of the Strategy covers the measures on countering offences of primarily corruption nature in public finances, in particular:

  • Draft and adopt a new bill on public procurement, and a legal act defining the procedure for corrective action in the event that a corruption offence in procurement of particular social importance is detected;
  • Strengthen monitoring of conclusion of contracts on direct procurement to avoid their abuse and revisit the grounds for concluding such contracts;
  • Promote the use of model contracts to procure standard goods, works and services the value of which exceeds 100 UTM (roughly 6,400,000 CLP or 6,500 USD) and that are in constant demand; in drafting these contracts, it is planned to take account of the preliminary feasibility studies and to foresee the distribution of tenders over geographical areas and the participation of small enterprises;
  • Develop the system favouring interagency cooperation of public bodies with the aim to detect, transmit alerts, monitor and manage conflicts of interest of the persons participating in procurement on the Public Procurement platform (Mercado Público) in a timely manner;
  • Create the register of unreliable suppliers who do not abide by the requirements regulating the participation in public procurement such as those who submit forged documents or overcharge, develop a set of measures to hold them liable;
  • Promote the principles of accountability, efficiency, effectiveness, integrity and transparency in procurement, developed by the Directorate of Public Procurement and Contracting (Dirección de Compras y Contratación Pública) and approved by the Comptroller General’s Office (Contraloria General De la República) among public contractors and suppliers;
  • Increase the volume of structured information in line with the open data standards and make it available for all users of the Public Procurement platform, and develop and apply cutting-edge methods of analysis to detect offences including corruption ones in the public procurement processes;
  • Draft a guide for public bodies on how to define the procedures for selecting the supplier adequate for specific procurement, as well as on how to ensure efficiency, transparency and integrity of procurement;
  • Promote best practices, in particular, by disseminating recommendations formulated by the Directorate of Public Procurement and Contracting in public and municipal procurement;
  • Favour the suppliers that implement compliance programmes.

3. Transparency

As regards the third area, the Strategy sets as its goal to promote the principles of transparency and accountability in public bodies.

To achieve it, the document establishes the following objectives:

  • Ensure openness of public databases;
  • Adopt measures, including legislative, administrative and managerial ones, to create a single portal where reports of public bodies will be published, and a portal through which citizens can file their queries and complaints;
  • Provide civil society organisations with access to the databases necessary to formulate proposals on how to improve the regulation of the civil service with the aim to ensure integrity etc.

4. Activity of political parties

Yet another goal of the Strategy is to eliminate the detected flaws in the activity of political parties and organisation of electoral campaigns.

To this end, the Strategy proposes to:

  • Adopt a bill prohibiting the persons convicted of corruption crimes from running for elective offices or hold senior positions in political parties;
  • Enhance the efficiency of the use of resources allocated to elections and other issues associated with political campaigns, in particular, to lower the spending limit on the organisation of elections and introduce limits on the donations to the campaign of a single candidate, restrict the employment of the personnel involved in the electoral events during the electoral period and to set tariffs on online advertising.

5. Private sector

Within this area of the Strategy, it is planned to create a National Register of Beneficial Owners of Legal Persons (Registro Nacional de Beneficiarios Finales de Personas Jurídicas) in order to enhance effectiveness of the fight against:

  • Tax evasion;
  • Organised crime;
  • Money-laundering;
  • Terrorist financing;
  • Hampering of free competition; and
  • Conflicts of interest.
Tags
Conflict of interest
Education and enlightenment
Compliance
Corruption in public procurement
Standards of conduct
Transparency

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