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Bulletins

Subject: Decree N° 80 approves the International Code of Safety for High-Speed Craft (HSC Code 2000) 2000

In the Official Gazette N° 40,831, of 11 April, 2014 has been published Decree N° 80 from the Ministry of Foreign Affairs, which approves the International Code of Safety for High-Speed Craft, 2000 (HSC Code 2000) and its Amendments adopted by the Maritime Safety Committee of the IMO and which became compulsory according to Chapter X of the SOLAS 1974 Convention.

Chile ratifies the International Safety Management Code and its Protocols.

In the Official Gazette N° 40,828 dated 8 April, 2014, the ISM Code has been published. This Code, approved by the IMO, which appears in Chapter IX of the SOLAS Convention 74/78 was approved by the IMO on November 1993 and became compulsory in 1998.

Modification to the basic course regulations relating to security in port jobs.

In the Official Gazette N° 40,765 of 24 January, 2014 it was published the Supreme Decree N° 4 from the Ministry of Labour and Social Security that approves a modification to the basic course regulations relating to security in port jobs. This basic course is established in Article 133 of the Labour Code. The modification establishes that in those cases in which the population supply or the country economy is seriously affected or in which the national security becomes endangered, circumstances that will be determined by resolution based on the Ministry of Labour and Social Security in collaboration with the Ministry of Economy and National Defence, the actualization of the mentioned course will be authorized in order to be carried out with the aim that either Chilean or foreign workers that have a medium/higher technical degree or a professional degree given by a recognized higher education institution may performance port jobs. In same way, workers with a driving licence A or with at least two-year experience driving licence class B or D will be able to take the same course.

Despite that the said modification establishes more details, which we do not include; this modification has its origin in the continuous port strikes that have been taken place in the country.

Publication between Cozen O’Connor and Tomasello & Weitz about the new Chilean insurance law.

Leslie Tomasello Weitz has collaborated with Andrew Tobin from the Law Firm Cozen O’Connor in the preparation of an “Alert”, published by the Law Firm Cozen O’Connor, which informs the most important changes introduced by Chile’s new insurance law which came into force on 1 December 2013. (Document click here)

Chile has ratified the 2010 Amendment to the Annex IV the 1997 Protocol related to the International Convention for the Prevention of Pollution from Ships, 1973, amended by the Protocol of 1978.

In the Official Gazette N° 40,733, dated December 16th, 2013, the amendments to Annex IV of the 1997 Protocol related to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the 1978 Protocol, have been published. These amendments correspond to circulars MEPC.160(60), dated March 26th, 2010, and MEPC.194(61), dated October 1st, 2010. Essentially, circular MEPC.194(61) has modified the form of Supplement to the International Air Pollution Prevention Certificate (IAPP), while circular MEPC.190(60) amends Regulations 13 and 14 of the new Appendix VII of the revised Marpol Annex IV (the North American Emission Control Area).

Ship Arrests in Practice 8th Edition.

Leslie Tomasello Weitz has contributed with the Chilean chapter in the publication “Ship Arrests in Practice”, 8th Edition, published by the website www.shiparrested.com, which provides a legal analysis of the arrest and release of a ship in 71 countries.

Publication of “Anuario de Derecho Comercial y Maritimo N° 3/2011”.

In the third edition (2011) of the “Anuario de Derecho Comercial y Maritimo”, published by the Law Faculty of the University of Valparaiso, Christian Fox has published the article “Terminos de Embarque y su Incidencia en la Responsabilidad del Armador y Capitan en los Accidentes Portuarios”, Felipe Peuriot has published the article “El Derecho de la Dotacion de la Nave Asistente a Participar en el Premio de Salvamento” and Leslie Tomasello Weitz has published the article “Problemas derivados de la Compraventa y el Transporte: Transferencia de los Riesgos en la Convencion de Viena de 1980, los Incoterms 2010 y en los Terminos de Embarque”.

Amendments to the STCW-95 Convention.

In the Official Gazette N° 40,512, dated March 18th, 2013, Decree N° 47 of the Ministry of Foreign Affairs has been published. This decree declares that the Manila Amendments to the STCW-95, adopted on June 25th, 2010, have entered into force. These amendments mark the first relevant revision of the Convention after the 1995 review.

Act 20,659 that “simplifies the requirements for the constitution, amendment and dissolution of commercial companies”.

In the Official Gazette of February 8, 2013, appears Act 20,659 that “simplifies the requirements for the constitution, amendment and dissolution of commercial companies”.

This act creates a voluntary and alternative system that envisages speeding up the formalities to set up and modify companies.

The legal entities that may be set up according to this new system are the EIRL (individual enterprise with limited liability), the limited liability partnership, the close share corporation, the corporation of reciprocal guarantee, the general partnership, the corporation by shares, the commandite and the joint stock company.

The alternative system established by the Act 20,659 replaces the traditional formalities (the granting of a public deed, registration in the Commercial Registry, and publication in the Official Gazette) for the subscription of an electronic form available in an online platform administrated by the Subsecretary of Economy and Minor Enterprises, who will be in charge of a Registry of Enterprises and Companies.

The form will have to be signed using a digital signature (firma electronica avanzada). Those who do not have a digital signature will have to sign the form before a Notary Public, who in turn will have to sign the form using his own digital signature, so that the formalities will, in any event, fulfilled by electronic means.

Once the form is signed by all the relevant parties, it is automatically incorporated in the Registry and the Internal Revenue Service must assign a tax identification number (rol unico tributario) to the legal entity that has been created according to the Act.

It is worth mentioning that Act 20,659 does not derogate the general regime to set up and modify companies. On the contrary, it creates a parallel regime. Therefore, the Act provides certain rules for what is called “migration”, according to which a legal entity that has been constituted according to the traditional regime could move to the new register system, and vice versa.

The regulation in detail and the organization of the Registry are subject to the dictation of a set of Regulations that must be enacted by the Ministry of Economy, Development and Tourism. The Act will enter into force the first working day of the second month after the publication of the Regulations in the Official Gazette.

Amendment to Chapter IV of the Compendium of Customs Regulations in respect of the “Informe de Variación del Valor (IVV) of the DUS.

In the Official Gazette N° 40,458, dated January 14th, 2013, Resolution N° 10,955 has been published. There are many occasions in which the sale is not firm (for instance, in case of sales under condition when the final value of the goods will be subject to the fulfilments of certain predetermined conditions agreed between the parties, a free consignment sale in which the value indicated is a mere reference since the goods are sent to an agent or reseller who pays the seller only as and when the goods are sold and a consignment sale with minimum guaranteed in which the commercial invoice will indicate a minimum that will be guaranteed for the exporter). All in all, when the sale is not firm, either personally or through a customs agent the exporter will have to present a report denominated “Informe de Variación del Valor” (IVV) within a maximum time limit of 7 months since the legalization of the DUS. If he does not, he will be deemed to have committed an infringement according to article 176 letter (ñ) of the Customs Ordinance. Likewise, the amendment lists the expenses that the exporter will be entitled to deduct from the gross value do the goods he has exported. Finally, with the IVV the exporter will fulfil the third and last requisite of an export, which is to inform to Customs the final value of the operation in case the sale has not been agreed under firm terms.