Amendments To Law No 18,480

Original Language Title: MODIFICA LA LEY N° 18.480

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Article 1.-Introducing the following amendments to Law No 18,480:
(1) Add in article 1 the following paragraphs:
" The refund will be 10% or 5% of the value of the corresponding products exported from national origin, in accordance with the rules that are stated below. For this purpose, the value of the products exported is the value of the value of the respective goods, excluding the commissions and any other expenditure deductible in the final outcome of the export transaction, in United States dollars. of the Americas, at the exchange rate set out in article 122 of the Customs Ordinance.
The benefit of the refund shall be in respect of all goods which are eligible for this law until the expiry date of the list which excludes them, in accordance with Articles 2, 3 and 4.
The exporters may waive, in whole or in part, the benefit established by this law, and they must express their express record of such renunciation in the respective Export Declaration. "
(2) Amend article 2 in the following manner:
(a) In the first subparagraph, replace the words "with this system" with the phrase "the 10 per cent refund referred to in article 1 °";
(b) To add to the second indent, replacing the separate point (.) with a further point (.), the following sentence:
"For the purposes of this determination, the amount of $7,500,000, the currency of the United States of America, will be adjusted annually, by the average price index for Chile's foreign trade, as certified by the Central Bank," the bank said in a report. of Chile, based on the average of the years 1983-1984. "; (c) Replace the separate subparagraph (.) with a comma (,) in the third subparagraph, and then add the following phrase: "duly adjusted in accordance with the rule of the preceding subparagraph.";
(d) To add the word "calendars" to the words "last three years" and insert the words "exported" and "equal" in the words "to" in the fifth subparagraph, "as follows": "duly readjusted in accordance with the second subparagraph of this article ", and
(e) To delete the final sentence in the fifth subparagraph: "This measure shall be carried out every three years and taken as the initial date for the calculation of the first triennium, the year 1983. "
(3) Replace article 3 with the following:
" Article 3.-A return of 5% to the FOB value of the exported goods shall be for those goods which, having enjoyed the benefit of the refund of 10% referred to in the preceding article, are excluded because they have exceeded the value of the consignments. The previous calendar year, the US$ 7,500,000, currency of the United States of America, duly adjusted in accordance with article 2 of this law.
In the same decree referred to in the second subparagraph of Article 2, a list of goods excluded from the refund laid down in this Article shall be drawn up, classified by its corresponding tariff position at the date of the drawing up of the goods in question. same. This list shall be reviewed annually, including in respect of those goods which have been shipped for export in the previous calendar year by a FOB value of more than US$ 11.250, 000, currency of the United States of America, duly adjusted in accordance with the standard set out in that subparagraph.
Exports of goods which are included in the list referred to in this Article shall be entitled to the refund where the corresponding export declarations have been accepted by the National Service. Customs prior to the publication of the decree that excludes them. " (4) Replace article 4 with the following:
" Article 4.-Notwithstanding the provisions of Articles 2 and 3, by means of a supreme decree founded, issued through the Ministry of Economy, Development and Reconstruction, as referred to in the second subparagraph of Article 2, it shall be possible to extend, at any time, the lists of exclusion for the benefit of this law, in respect of a particular goods, where the grounds set out in the third and fourth subparagraphs of Article 2 are credited for incorporating new exclusions. " (5) Replace article 5 with the following:
" Article 5.-Articles of national origin shall be considered as goods of national origin for the purposes of this law, and those produced in full in the country with national raw materials, as well as those in which raw materials are being used, articles at medium level, or parts or parts imported whose CIF value does not exceed 50% of the FOB value of the product to be exported and which, in its processing, has undergone a transformation conferring upon them a new individuality, classified in the Customs Tariff in one position other than that of or of the imported components.
The products of the mineral, vegetable and animal realms extracted, harvested or harvested, born and raised, including those of the hunting and fishing caught within the national territory, shall likewise be considered as national origin.
In goods whose designation of origin is difficult to determine, the Service of the Treasury may, in advance, define those to which a certificate of origin is required, issued by the competent body which, for this purpose, shall be It shall be established by decree of the Ministry of Economy, Development and Reconstruction, as well as by the Minister of Finance. " (6) Replace Article 6 with the following 5 bis:
' Article 5 (a).-The simplified refund system shall not be eligible for:
(a) Exports of goods with foreign inputs that have been entered into the country through the use of suspensive customs mechanisms or refunds of customs duties or special customs franchises.
This limitation shall not, however, affect goods having incorporated imported inputs which are negotiated under a preferential tariff regime within the framework of the Montevideo Treaty of 1980, or in another Treaty duly Ratified of preferential tariff arrangements; (b) The industries covered by the rule of law No. 18,483;
(c) Exporters who, in the course of the last 12 months, have embarked on a consignment of 10% on the corresponding tariff position, in the part which exceeds the FOB value of US$ 7,500,000, currency of of the United States of America, duly readjusted. This excess shall automatically be granted to the benefit of the 5% conferred by Article 3 of this Law.
However, the goods which, exported by the same beneficiary, exceed, in respect of the corresponding tariff position, of a FOB value of US$ 11.250, 000, the currency of the United States of America, shall not be entitled to refund. adjusted, within the same 12-month period as referred to in the preceding subparagraph; (d) Exports of goods classified in subposition 74,01.05.00 of the Customs Tariff, and (e) Nationalized products exported without fulfilling the conditions laid down in this Law. "
(7) Agrégase, as a new article 6, the following:
" Article 6.-Exporters shall submit their application for refund to the Treasury Department, accompanied by:
(a) Sufficient evidence, in the opinion of the Treasury Service, of the price obtained by the exported goods;
(b) An affidavit declaring that the goods exported is of national origin within the terms defined in this law, and that it is not included in the list established in accordance with Article 2 or in the situations to which the goods are exported. refers to Article 5 (a).
The refund shall be effected by cheque paid by the Service of Treasury, the order of the exporter, and shall be delivered to it within five working days following receipt of the request referred to in the preceding subparagraph.
If the Treasury Department does not apply for a request for a refund of charges referred to in Article 1, the interested parties may ask for reconsideration of the Treasurer General of the Republic, who shall make a final decision on the application of the charges. The report of a Technical Commission, composed of a representative of the Ministry of Economy, Development and Reconstruction, will be accepted or rejected by a representative of the National Customs Service and one from the Central Bank of Chile. This Commission will take a decision within 60 days of the request for a report. The Commission's task should be to weigh the record and the approaches that the parties concerned are to pursue.
The members of the Technical Committee shall be appointed, at the proposal of the entity representing, by a decision of the Minister for the Economy, Development and Reconstruction, which shall be published in the Official Journal. "