Export controls

General controls

What general controls are imposed on exports?

The documentation required for exporting from Chile is the single export document (DUS), the bill of lading (or airway bill) and the commercial invoice (unless the export is not for commercial purposes and the value of the goods is less than US$2,000 free on board; or unless a pro forma is applicable).

Specific goods, such as food, fruit and minerals, have specific certifications and requirements related to weight.

Exports are not subject to duties or taxes.

Government authorities

Which authorities handle the controls?

The Customs Service is the main authority. Moreover, the customs agent (the equivalent to the customs broker) is an auxiliary of the authority, and therefore has some faculties to control.

Furthermore, there are goods that require a licence and their exportation is controlled by the following public agencies: the Agricultural and Livestock Service (www.sag.cl), the Public Health Institute (www.ispch.cl) and the National Fisheries Service (www.sernapesca.cl).

Additionally, the Customs National Director, at the request of interested parties, may certify persons as authorised economic operators (AEOs) who may act in the foreign trade logistics chain in order to access the benefits related to the control and simplification of customs processes, according to their role in the chain. A regulation will establish the activities that can be considered for the referred certification.

In the case of import and export destinations, the Customs Authority may certify persons for the purpose of assisting in the determination of weight and moisture content, sample collection, preparation of representative samples, measurement, calibration, chemical analysis and other factors to be determined by resolution of the Customs National Director.

In both of the cases mentioned above, a regulation will establish the requirements and obligations of the people who access said certifications.

Special controls

Are separate controls imposed on specific products? Is a licence required to export such products? Give details.

Weapons, related goods and ‘dual-use’ equipment are subject to a special regime controlled by the General Directorate for National Mobilisation. Anyone interested in exporting must be previously registered in a Registry of Exporters and exports shall be authorised by the General Directorate for National Mobilisation.

Supply chain security

Has your jurisdiction implemented the WCO’s SAFE Framework of Standards? Does it have an AEO programme or similar?

Chile is part of the WCO’s SAFE Framework of Standards. An amendment to the Chilean Customs Ordinance that came into force in March 2017 incorporates the AEO programme into the Chilean legal system as a definitive measure, and Decree No. 1140 of the Ministry of Finance has regulated the programme in detail. The AEO programme allows companies to prove that their processes are safe and that their controls and procedures guarantee compliance with customs regulations, leading to improvements in the efficiency of clearance processes, reduction of times, costs and losses in production, and predictability of the supply chain.

Applicable countries

Where is information on countries subject to export controls listed?

There is no list of countries subject to export controls.

There is a list of countries considered as tax havens or harmful preferential tax regimes (www.leychile.cl/Navegar?idNorma=218210), but this is only for tax purposes.

Named persons and institutions

Does your jurisdiction have a scheme restricting or banning exports to named persons and institutions abroad? Give details.

There are no restrictions or bans on exports based on the person or institution abroad.

Penalties

What are the possible penalties for violation of export controls?

The export of banned products, tax evasion or exporting through illegally authorised facilities or not through the Customs Service are punishable under smuggling or fraud legislation. Sanctions will depend on the value of goods. If it is more than approximately US$1,650, sanctions range from one to five times the goods’ value or from 60 days to three years of prison. If the value is less than approximately US$1,650, sanctions range from one to five times the goods’ value.

There are other sanctions established for offences or infringements corresponding to penalties from approximately US$65 or a determined percentage of the imported goods’ value.