On November 12, 2024, Exempt Resolution No. 2058, dated October 30, 2024, issued by the Environmental Superintendency (hereinafter, the “Resolution”), was published in the Official Gazette. This Resolution sets forth general instructions for compliance assistance within the framework of Article 3, letter u), of Law No. 20,417, which is the Organic Law of the Environmental Superintendency (hereinafter, “LOSMA”).
According to the Resolution, compliance assistance is a function outlined in LOSMA, which consists of the attention, guidance, explanation, or clarification that the Environmental Superintendency (hereinafter, “SMA”) may provide to regulated parties regarding obligations contained in the environmental instruments under SMA’s jurisdiction, as well as the processes, procedures, or systems managed by the agency and the requirements and criteria for submitting compliance plans, voluntary disclosures, or repair plans.
Accordingly, important rules and restrictions are established to define the scope of the compliance assistance function, specifying that it may only be conducted through the following mechanisms or institutional channels for compliance assistance:
- Attention and guidance to the regulated party;
- Compliance assistance documents;
- Compliance assistance meetings; and
- Workshops
This assistance must be implemented through the Compliance Assistance Portal, available on the SMA’s website.
It is worth noting that the rules, restrictions, and mechanisms provided in the Resolution took effect upon publication in the Official Gazette, on November 12, 2024.
Lastly, it should be noted that the Resolution includes a transitional rule for compliance assistance meeting requests related to the submission of compliance programs. These will continue to be processed within the framework of the relevant sanctioning procedure until the implementation of Compliance Assistance Portal 2.0, after which they must be requested exclusively through this Portal.
For additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl; María Paz Valenzuela, mpvalenzuela@jdf.cl; Javiera Rodríguez, jrodriguez@jdf.cl
