The measure updates the legal framework of the Customs Service, which had not been amended for two decades.
This Monday (13.03.2017/XNUMX/XNUMX) the law came into effect law No. 20.997 that modernizes customs legislation y the work of the National Customs Service of Chile, after being published in the Official Gazette.
The new norm incorporates best practices and recommendations from international organizations, placing the Service, key for the country, in the context of a globalized and dynamic foreign trade.
In this regard, the National Director of Customs (S), Claudio Sepúlveda Valenzuela, highlighted that the publication of Law No. 20.997 is “a great milestone for our institution, as it allows us to incorporate substantial improvements, especially in the area of inspection, updating procedures to ensure that the work of Customs is more timely, effective and in line with the challenges demanded by Chile and global foreign trade."
In addition, the president stressed that "this regulation is The result of extensive dialogue with various public and private actors, who were able to participate by sharing their comments, suggestions and observations, and which included a broad parliamentary debate that allowed for improvements to be introduced to move towards better legislation.”
Law No. 20.997 contains specific measures focused on improving work in the areas of supervision; updating of international agreements; franchises for travelers and crew; updating and modernization of regulations; and the work of customs agents, among others.
On the other hand, Sepúlveda explained that now there is a hard and detailed work to be done to implement the law, since for Part of its provisions must include the respective regulations and resolutions.
The new standard is in line with the challenges demanded by Chile and global foreign trade
Most relevant measures contained in the new regulations:
- 1.Extension of the deadline for the formulation of chargess, which becomes two years as a general rule and recognizes exceptions for cases in which special regulations require longer periods or involve origin verification processes.
- 2.The maximum amount of fines applicable to warehouse owners is increased from 25 UTM to 200 UTM and in the case of repeat offences to 300 UTM.
- 3. Release from sanctions in case of self-reporting is eliminated established in article 177 of the Customs Ordinance, when it involves failure to comply with deadlines.
- 4. The Customs Service is authorized not to accept import declarations under customs exemptions. or those that cover suspensive regimes, when there is sufficient evidence of customs or tax arrears; conviction for crimes classified in the Customs Ordinance or repeated sanctions for customs violations.
- 5The options for granting the mandate for clearance by customs agents are expanded, and the rules regarding the requirements for paid-in capital and the amount of individual contribution for customs agent companies are modified.
- 6.Auction of seized used vehicles authorized in Customs that are not located in a special customs treatment zone.
- 7. The figures of the Authorized Economic Operator (AEO) are incorporated into the Customs Ordinance and the certifying entities that support and assist customs work, such as mining laboratories, which will be under the supervision of the Service and will be regulated by a Regulation that establishes the conditions and requirements for their operation.
- 8.The Service is authorized to conduct electronic auctions in the manner and under the conditions established. In addition, goods held in two or more different customs offices may be grouped together and a maximum period is established for the withdrawal of the awarded goods.
- 9. The range of institutions that may be the subject of donations of goods that may be destroyed is expanded, including, in addition, the possibility of donating them when they have not been sold in more than three auctions due to lack of bidders.
- 10. Various items in Section 0 of the Customs Tariff are updated, in addition to establishing a rule for the readjustment of certain items established in dollars. Some of the benefits for travelers are modified and crew members are incorporated as subjects of franchises.
- 11.The Customs Destination of Deposit is created, an institution that was not considered in the Customs Ordinance, which will enable goods brought into the country to a warehouse or storage facility to be subject to minor operations before being imported, which will allow for a reduction in costs associated with the merchandise import chain.
- 12. The performance of express delivery companies (Courier) is regulated, thus allowing their activity to be adequately monitored, considering that they play the role of transporter, dispatcher and warehouseman.
- 13.Finally, a number of other measures are considered that seek to improve processes or make existing regulations more efficient, such as allowing the Withdrawal of goods without payment of taxes and duties, subject to the constitution of a guarantee for SMEs and OAS; the regulation of the institution of Temporary Admission for active improvement is improved; the sanctions are increased in the case of the crime of Smuggling in the case of goods subject to special or additional taxation; and the publication in extract in the Official Journal of certain acts of the Service is authorized.
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