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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.

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