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Bulletins

Chile has ratified the amendment to Annex I of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973.

In the Official Gazette N° 40.427, dated December 5th, 2012, the amendments to the Annex I of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships have entered into force. The amendments imply the addition of a new Chapter 9 to Marpol Annex I, called “Special requirements for the use or carriage of oils in the Antarctic area”. In this new chapter the carriage in bulk as cargo or carriage and use as fuel of some products is prohibited. However, when prior operations have included them, the cleaning or flushing of tanks or pipelines is not required.

Publication of the book “Ship Arrests in Practice”, 7° Edition.

The 7° Edition of the book “Ship Arrests in Practice” has just been published with the participation of Leslie Tomasello Weitz, who has contributed with information relating to Chile. If you want a copy of this publication, please contact administracion@tomasello.cl

Chile has ratified the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean.

In the Official Gazette N° 40.377, dated October 4th, 2012, the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean has entered into force. Its objective is, through the application of the precautionary approach and an ecosystem approach to fisheries management, to ensure the long-term conservation and sustainable use of fishery resources and, in so doing, to safeguard the marine ecosystems in which these resources occur. The Convention imposes over the port State Contracting Parties the right and the duty to take measures to promote the global conservation and management measures for the use of fishery resources.

Amendments to Resolution N° 9432, 2008, related to the Norms that regulate the Electronic Transmission of the Maritime Cargo Manifests.

In the Official Gazette dated September 24th, 2012, Resolution N° 6609, dated August 31st, 2012, has been published. This resolution approves some amendments to Resolution N° 9432 of 2008. In essence, the time limits to issue some of the electronic messages governed by this resolution have been extended. Specifically, the messages concerning bills of lading and the list of empty/idle containers. This extension, in general, implies that from now on the forwarding of the messages related to bills of lading and the list of idle containers could be sent from the moment in which the system enumerates the cargo manifest until the third working day subsequent to the official departure of the vessel. In the case of the list of idle containers, these messages could be electronically sent by means of a message concerning a bill of lading within the three working days subsequent to the official departure of the vessel.

Possible amendments to the Maritime Concession Ordinance (el Reglamento sobre Concesiones Maritimas).

The Chilean Congress is discussing possible amendments to the “Reglamento sobre Concesiones Maritimas”. At this moment, the main changes are: (1) the Ministry of “Bienes Nacionales” (not Defense) will be in charge of maritime concessions, (2) in the case of major concessions (that is, those with an investment of more than 2,500 UTM) the duration will be reduced to 30 years, (3) the situations in which the Chilean State may terminate a concession will vary (i.e. presently, if the State gives a time limit, it may terminate concessions without cause and without the right of an indemnity. The party may receive an indemnity, only if the Chilean State decreases the immediate termination of the concession, (4) maritime concessions may be modified provided the variation does not affect the objectives of the zone or place where the concession has been granted and (5) one or more concessions may be authorized for the same place provided the second does not hinders the objective of the first concession. Lastly (6), the changes contemplate set limits for the authorities to answer a request for a maritime concession.

Resolution N° 4812 dated July 9th, 2012, from the Customs Service.

In the Official Gazette dated August 6th, 2012, Resolution N° 4812 from the Custom Service has been published. This resolution modifies the Compendium of Customs Regulations (Compendio de Normas Aduaneras) in respect of the valuation of goods under lease or leasing, new or used, which come into the country under the Customs regime of temporal admission.

The most important change is that from this Resolution the Customs value of goods under lease or leasing that enter into the country under temporal admission will have to be determined based on the amount of all the rents established in the corresponding contract, for all of its duration. This change produces two main doubts:

Firstly, whether or not this change has to be interpreted in the sense that from now on all the goods that come into the country under lease or leasing contracts, without exception, must be submitted to temporal admission. Secondly, assuming that in the case of goods under lease or leasing (especially for a duration of more than two years) the normal import regime will have to be also guided by the new regulations on how the goods need to be valued.

With regard to the first doubt, our opinion is that this change may not be interpreted in the sense that from now on all goods under a lease or leasing contract would need to be subject to temporal admission. This is especially true in the case of contracts for a duration of more than two years (which is the maximum duration of the temporal admission).

With regard to the second doubt, we believe that since the resolution in analysis is applicable to the goods under temporal admission, one may not extend this new system to other customs destinations, especially; it should not be applied to the normal importation of goods under a lease or leasing contract.

In any event, the lack of clarity of Resolution N° 4812 is regrettable.

Law N° 20,600 of Environmental Tribunals.

In the Official Gazette N° 40,299, dated June 28th, 2012, Law N° 20,600 — which creates the Environmental Tribunals — has been published. As a result, starting from the date of this publication all references contained in Law N° 19,300 of “Bases Generals del Medio Ambiente” (the Environmental Law) must be understood as a reference to the Environmental Tribunals created by Law N° 20,600.

In what it is most relevant to us, let’s remember that Law N° 19,300 is not applicable to marine pollution, which is regulated by the Law of Navigation and other pertinent provisions (article 51 of Law N° 19,300). As a result, the provisions dealing with the civil liability resulting from environmental damage contained in Law N° 19,300 do not derogate the civil liability provisions on marine pollution. Also, neither this Law N° 20,600 nor Law N° 19,300 modify the International Conventions in respect of which Chile is a State Party. In this, we basically make reference to CLC 1969 and it’s Protocol of 1992 (CLC 92), the latter applicable to marine pollution resulting from tanker vessels carrying oil in bulk as cargo.

Chile has ratified the amendment to Annex I of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973.

In the Official Gazette N° 40,164, dated January 15th, 2012, the amendments to the Annex I of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships have entered into force. The amendments impact regulations 1, 12, 13, 17 and 38 of Marpol Annex I, supplement to the IOPP certificate and Oil Record Book parts I and II. The amendments essentially regulate the oil residue (sludge), the oil residue tank, the oily bilge water and the oily bilge water holding tank. In addition, it states that every ship of 400 gross tonnages and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oil residues (sludge) which cannot be dealt with otherwise in accordance with the requirements of this Annex. Finally, the amendments also deal with the oil residue (sludge) disposal.

Enactment of amendments to the SOLAS Convention, 1974.

In the Official Gazette N° 40,117, dated November 23rd, various amendments to the SOLAS Convention 1974 have been published. As a result, the following amendments to the SOLAS Convention 1974 have entered into force: The IGC Code amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, the amendment to the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Waste On Board Ships (INF Code), amendments to the International Code of Application of Fire Test Procedure (FTP Code) and the amendment for the Adoption of the International Life – Saving Appliance (LSA Code).

1988 Protocol to the International Convention on Load Lines 1966.

In the Official Gazette N° 40,112, dated November 17th, the amendments to the 1988 Protocol have been published. As a result, the amendments to the 1988 Protocol have entered into force. In this regard, let us remember that the 1988 Protocol harmonized the condition survey and certification requirements with those of the SOLAS and MARPOL Conventions; it revised some regulations in the Technical Annexes of the Load Lines Convention. Also, the 1988 Protocol introduced the tacit amendment procedure.

In this regard, let us remember that the 1995 amendments (which were adopted under the positive acceptance procedure) did not come into force and were superseded by the 2003 amendments.

Should more detailed information be required regarding the amendments to the 1988 Protocol, please contact Tomasello & Weitz. Also, if further information is needed regarding the 1988 Protocol, please review our Informativo N° 271 in our web site.