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CHILE LEGAL UPDATES

International trade and Customs

National Customs Service issued Exempt Resolution No. 2852

The resolution modified the Compendium of Customs Rules in Chapters 2 and 3, and in Annexes 12 and 18. The foregoing, in order to incorporate rules on the Advanced Transfer Pricing Agreements.

Decrees No. 8 and No. 52 of the Ministry of Finance were published in the Official Journal

Decree No. 8 established a regulation that regulates the conditions and requirements related to the authorization and operation of the customs warehousing premises operated by courier service companies, while  Decree No. 52 . The requirements, requirements, and guarantees that must be met in order to authorize the customs destination of deposit were approved.

Construction and Engineering

Activity in the construction sector grew 2.9% in May and continued the upward trend 

July 20, 2018

The Chilean Chamber of Construction ( CChC ) reported that the Monthly Index of Construction Activity ( Imacon ) for the month of May recorded a rise of 2.9% compared to the same month of the previous year. This would be the seventh consecutive increase, confirming the upward trend in construction activity in Chile.

Labor Law

Government develops a scoring system to select the delivery of labor visas

June 24, 2018

The new labor opportunities visa, which will take effect on August 1, includes a scoring system that is being developed by the government to control and more effectively select the arrival of foreign workers in the country. The detail of the formula that will be applied to deliver this permit has not yet been indicated, so the requirements that will be taken into account for immigrants who will enter when working in the country are unknown.

Chamber of Deputies approved labor status of working students

July 13, 2018

The Chamber of Deputies approved the bill that establishes a labor statute for students between 18 and 28 years of age. The project establishes a work contract with a reduced working day, with a limit of 30 weekly hours, and offers the possibility of discontinuing it during the day to adapt to the class schedules. The remunerations obtained from this type of contract will not be considered income, for purposes of determining the socioeconomic status of the student in order to obtain state benefits. The next legislative stage corresponds to the revision by the Senate.

Tax Law

Internal Revenue Service (SII) issued new instructions for the application of the voluntary procedure of administrative review of audit actions

June 27, 2018

Through Circular No. 34 of 2018, the SII issued new instructions for the application of the voluntary procedure for the administrative review of audit actions. The objectives of this update are to use this instance as a real dispute resolution tool, in a context of collaboration and mutual trust.

Internal Revenue Service (SII) updated the list of countries and jurisdictions considered under a preferential tax regime

July 6, 2018

Through Resolution No. 55 of 2018, the SII updated the list of countries and jurisdictions with preferential tax regime, issued by Resolution No. 124 of 2017. In this way, the SII established that the countries included in the list comply preliminarily the requirements established in article 41 H of the Law on Income Tax. On the other hand, the resolution also refers to those member countries of the OECD to which the norm in reference is not applied.

Energy

Government modified tariff rule to avoid abrupt increase of electric cost in industries

July 12, 2018

The National Energy Commission (CNE) changed the norm that sets the electricity transmission rates, which implies a relief for several large consumers who had seen a significant increase in their energy costs, particularly in the zonal transmission segment or sub-transmission , where this item tripled. As a way to simplify the calculation of these transport charges, the reform of former Minister Máximo Pacheco, effective since 2016, established the socialization of this cost among all users under a stamp model. This caused a problem, since before they paid only for the network section they used, which is why many of the large clients located their facilities as close as possible to the main electricity network in order to pay less for this concept. This situation is the one addressed by the CNE in Resolution No. 455.

Technical panel convened by the Government estimated the country’s geothermal potential at 3,800 MW

July 17, 2018

According to the conclusions of the technical panel convened by the previous government, the geothermal potential of the country was identified between 1,300 MW and 3,800 MW, with a range of investments between US $ 9 billion and US $ 25 billion. The Minister of Energy, Susana Jiménez, valued the work of this instance and assured that the Government’s strategy aims to take advantage of all the renewable energies available in the country. To date, eleven exploitation concessions have been granted, while another thirteen are in process

Mining

COCHILCO launched new Yearbook of Copper and Other Minerals Statistics

July 9, 2018

The Chilean Copper Commission (COCHILCO) published the Copper and Other Mineral Statistics Yearbook corresponding to the 37th edition and which incorporates the main statistics of the mining sector between 1998 and 2017. The yearbook contains production and export statistics, background information of mining taxation, investment, employment, costs, among others. It should be noted that in respect of the main figures, in 2017 mining exports reached US $ 38,526 million, of which 88% correspond to copper shipments.

Bill seeks the National Mining Company (ENAMI) to explore and exploit lithium in Chile 

July 12, 2018

A group of parliamentarians presented a bill in the Chamber of Deputies to empower the State in the development of business activities of exploration and exploitation of lithium, through ENAMI. The objective of the project is to strengthen the role of the State in the development of the lithium business, whose importance in the world of technology has increased dramatically.

Intellectual Property

Entered project that modifies the Law of Administrative Procedures

July 6, 2018

The objective is to implement electronic administrative procedures, digitizing the action of the State and facilitating electronic communications between its organs, avoiding the need to issue printed documents (No. 11882-06).

Council for Transparency anticipates that people will have control over personal data: Telephone harassment should end

July 8, 2018

With regard to the draft law on protection of personal data, the President of the Council for Transparency, Marcelo Drago, commented on the harassment by telephone and the new powers that the agency would have to oversee.

Chile leads innovation ranking among Latin American countries 

July 10, 2018

Chile is still the most innovative country in Latin America, Mexico is one of those that has improved the most and Spain, which remains in 28th place in the ranking, according to the new World Index of Innovation. The study was prepared by the Cornell University of the United States, the INSEAD Business School and the World Intellectual Property Organization (WIPO) and places Switzerland, the Netherlands, Sweden, the United Kingdom and Singapore at the forefront of global innovation, and evidence China’s great boom in this field.

Government prepares to present to Congress a bill on technology transfer

July 17, 2018

The director of the National Institute of Industrial Property (INAPI), Maximiliano Santa Cruz, said that the agency is developing, in conjunction with authorities of the Ministry of Economy, a draft law on technology transfer that should be a uniform statute that regulates all public funds for R & D & i and that encourage Chilean inventors, universities and companies to patent.

Source: Harris Gomez Group

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