Guidelines

What documents must the officials present?

In principle, the officials must present prior authorization from the Tribunal for the Defense of Free Competition and an authorization from the Minister of the Santiago Court of Appeals as appropriate according to the duty roster, so that the Chilean Police or the Investigative Police, under the direction of an official of the National Economic Prosecutor’s Office, may proceed with the inspection.
If the officials present the corresponding approval and authorization (“search warrant”), carefully check whether it specifies the following information:
- Are the affected persons specified? In particular, is our company the addressee?
- What accusations are being made against our company (reason for the inspection)?
- Where and for how long can the officials conduct the search?
- Are the measures that the officials may carry out precisely specified?
- Has it been more than 10 days since the order was granted? If so, the warrant is invalid. However, the judge who issued the order may establish a shorter validity period.
If there is no search warrant, object to any inspection. However, do not attempt to stop the officials.

Unless otherwise authorized by the Minister of the Santiago Court of Appeals, the officials must allow you to witness the entire inspection process.
In principle, there is no obligation to actively assist in the inspection. However, if you refuse the inspection or if no one responds to the calls, the officials may use public force (e.g., to open a padlock). Therefore, cooperation is recommended.
As a rule, the inspection should be conducted in a single act and can only be suspended when there is a reason that makes it impossible to continue, in which case it should resume as soon as the impediment ceases.
In principle, the inspection should be conducted between 6:00 AM and 10:00 PM, unless otherwise authorized by the Minister of the Santiago Court of Appeals for urgent reasons.
The officials have an obligation to ensure that they do not cause undue harm or disturbance beyond what is strictly necessary during their inspection.

In principle, officials can seize all types of documents and objects that are related to the fact investigated and that can serve as means of evidence, including correspondence and/or communications. Likewise, they can make electronic copies of what they find.
In the case that the documents and objects are in the possession of another person, they may be ordered to hand them over, with prior judicial authorization by the Minister of the Santiago Court of Appeals.
The following documents cannot be seized, copied, or inspected by the officials:
- Anything unrelated to the matter under investigation, particularly private documents and/or objects.
- Communications between the affected persons and their relatives and/or lawyers.
If the officials want to inspect such privileged documents, show only the parts of the documents that prove their privileged status. If the privileged status of certain documents is disputed, request that these documents be placed in sealed envelopes or boxes until a final decision on their privileged status is made.

After the conclusion of the inspection, you should insist that the officials make an accurate list of all seized evidence, which must be sealed and placed under custody, with a detailed receipt thereof delivered to the owner or person in charge of the premises.

Although there is no explicit legal regulation, officials are authorized to request explanations of facts and documents that may be related to the purpose of the inspection from all employees and representatives of the company.

Do not disclose any details or even the fact that an inspection is taking place to third parties without obtaining permission from the management / legal department.