Introduces Modifications To The Customs Ordinance And The National Service Organic Law Of Customs, Dictates Rules On Management And Staff Of That Service And Replaces Its Staff Plant

Original Language Title: INTRODUCE MODIFICACIONES A LA ORDENANZA DE ADUANAS Y A LA LEY ORGANICA DEL SERVICIO NACIONAL DE ADUANAS, DICTA NORMAS SOBRE GESTION Y PERSONAL DE DICHO SERVICIO Y SUSTITUYE SU PLANTA DE PERSONAL

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"Article 1-Introducense the following modifications in the Customs Ordinance, contained in the decree with force of law N ° 213 of 1953, as fixed by the decree with force of law N ° 30 of 1982, the Ministry of Finance: 1. be inserted as article 24 bis, the following:" article 24 bis.-National Director, at the request of users, may designate officials in Committee service for "" in relation to its own operations, you labor control abroad. In these cases, the expenses of travel and tickets will be in charge of the applicant.
The rules shall lay down the conditions for access to these requests, provision of costs concerned procedures and other necessary rules for the proper implementation of this article. "."
2 added to article 32, as a second, new, the following paragraph: "in addition, as provided in the preceding paragraph shall apply to agents of cargo, freight forwarders and multimodal transport operators. The National Director of Customs shall regulate the obligations and powers of these persons in the area of its competence, which along with its partners, representatives and employees shall be subject to the disciplinary jurisdiction of the Director in the same terms provided for in article 234 of this Ordinance for dispatchers, its agents and auxiliaries. "."
3 amend the subparagraph first of article 34, as follows: to) replace at its commencement, the expression "three" by "four";
((((b) in its letter to), the comma (,) shall be replaced by a semicolon (;) and deleted the coordinating conjunction "and" that follows it, and c) in its letter b), replace the final dot (.) with a comma (,) and add the coordinating conjunction "and".
4. replace article 80, by the following: "article 80.-private warehouse means the enclosure of customs warehousing procedure aimed at providing services to third parties, where any goods can be stored until the time of his retirement, to import, export, or other customs destination."
The installation and operation of extraportuarios stores will be delivered via direct enable any natural or legal person who so requests and who meets the requirements required by this law.
The exploitation of bonded warehouses in real estate property tax or property of the national customs service will be awarded by granting by tender must applicants meet, at the very least, the same requirements that this article requires direct enabling.
The site that is enabled should meet the technical conditions of storage, safety and wholesomeness established the regulations. Such enclosures must be located within the jurisdictional territory of customs on which they depend and with respect to goods imported, only be deposited in them those that enter the country by Customs authorities in their jurisdiction.
To exercise the rotation of storekeeper should meet the following requirements: to) unique twist: storekeeper must provide proof of having the activity of storage as a unique twist. Incorporated societies and that they constitute according to the law N ° 18.690, on General warehouse, means that they meet this requirement.
(b) moral suitability: not practise as warehousemen natural persons who have been convicted or are processed by crime or simple offence of public action, or who have been declared bankrupt, except in the latter case, prove to have been legally rehabilitated. In the case of legal persons governed the same requirement in case of bankruptcy and, in addition, they must prove that the impediments outlined above do not affect its managers or directors.
(c) solvency: to be storekeeper should be have a heritage equal to or exceeding six thousand units of building and pay a guarantee in favour of the national customs service, through ballot bank guarantee or insurance for a sum equal to or higher than three thousand units of building.
The habilitation as warehouseman will be requested to national Customs Director, who shall be dealt within a period of fifteen working days from the date of filing of the corresponding application. If the Director is not rejected within that period, the application shall be approved.
The resolution of the Director who has the qualification shall be entered in a register of wholesalers that will take the national customs service. This register shall be public and in him shall be entered, in addition, enclosures that each wholesaler is exercising its rotation, which will be considered primary area of jurisdiction of the respective Customs, for all legal and regulatory purposes.
Empowerment to exercise of warehouseman cancellation shall be by resolution of the National Director of customs and proceed only by express request of the beneficiary or as a sanction applied by the Director in the exercise of its disciplinary authority.
The decision of the National Director that deny the empowerment or provided for cancellation will be claimable by the Customs Board. The deadline for your filing will be 10 working days counted from notification of the respective resolution. Admitted to processing the claim, it will ask immediate report to the Director, who must be evacuated within the period of ten working days. Received the report, the resource will be added in the table for your vision. The Customs Board will resolve in a single instance.
Standards contained in articles 81 to 83 bis of this Ordinance to others to which are fastened deposits enclosures dealers shall apply to extraportuarios warehouses and warehousekeepers. "."
5 amending article 87 in the following terms: to) in your paragraph first, replace the figure "30" for "90" and delete the second sentence beginning with the word "Trying to...".
(b) Agreganse following paragraphs third and fourth, new: "the deposit of goods, with the exception of those listed in the preceding paragraph, accrued daily starting from the 31st day, an interest equal to the equivalent daily of monthly average interest rate charged by the financial system in operations not adjustable from 30 to 89 days informed by the Central Bank of Chile force at the earliest date to internment or expiry of the time" , as appropriate, applied on the relevant duties and taxes. In the case of goods which, by their nature, can not be normally deposited in enclosures of customs warehouse according to qualification to the National Director of Customs made, such interest is accrued from the day cuadragesimosexto.
In the case of offences committed in the use or benefits set out in this article such as customs fraud or scam, it shall apply the sanctions, penalties, fines, and assumptions set out in articles 184 and 187 of this Act which, as the case may be, may be increased to twice. "."
6. in article 115, add the following fourth subparagraph, fifth paragraph becoming the current fourth paragraph: "however designated, in the case that the existence of malice or use of maliciously false documentation in the declarations presented to the service, are aware within a year will expand to three.".
7 Intercalanse in article 125 bis, then the third paragraph, fourth, fifth, sixth and seventh paragraphs following, new: "Likewise, regional directors and managers of Customs shall provide, at the request of a party, refund of the duties, taxes and other customs charges paid on the importation of goods which are to undergo minor processes, in the country such as Assembly , packaging, packing, completion, ironing or labeled, and then be sent to the outside.
The previously designated benefit shall request within a period of 60 days from the date of the legalization of the Declaration covering the departure of the goods in the country, can be extended by the National Director of customs in certain cases and founded resolution.
National Director of Customs will issue additional instructions required for the prompt and proper implementation of this article.
Anyone who wrongly perceive the return referred to in fourth and following paragraphs of the present article, providing background material or ideologically false, shall be punished by the penalties and fines provided for in article 7 of law No. 18.480. For purposes of the return of perceived improperly, also the procedure applies provisions of the cited standard. "."
8. Add in the final paragraph of article 170, then of the separate dot (.), that happens to be followed dot (.), the following paragraph: "Likewise, National Director of customs, prior favourable report from the respective Regional Director of customs, may donate to any establishment of State education or recognized by this, other goods susceptible to be destroyed, that can be used on its own or research tasks." This grant shall be exempt from the procedure of insinuation and all kinds of taxes and will have the character of public. "."
9 replace paragraph first of article 182 the figure "1" by "1/2" and add the following final sentence: "this fine is barred within the period of one year from the date of the respective statement.".
10 be added in article 184, the following final new subsection:
"In these crimes, the rights payment that according to the law has been made by the accused and that was done subsequent to the formalization of the respective complaint, only be regarded as a mitigating offences and crimes reported.".
11 Add the following article 197 bis: "article 197 bis.-without prejudice to the provisions of subparagraphs fifth and sixth of the article 218, the final judgments and resolutions ordering appearance in person of the parties, it shall be notified by the Secretary, personally, by ID or by registered letter, without it being necessary to comply with the requirements laid down in articles 44 and 46 of the code of Civil procedure." Notifications of the final judgments will contain, in any case, full copy of the respective resolution and the resolutions that cite to subpoena, full copy of the report or a summary of it if it is very extensive, indicating date and time for such diligence. The Secretary shall certify in the record the fact of the notification, writing down the date in which it occurs. Notifications by letter shall be practiced on the fifth day of the one in which they are issued. "."
12 replace first of article 205, paragraph with the following: "article 205-presented the demand or any other management, the Court will provide it in the term of 24 hours and will be mentioned to the parties to subpoena for the day and time indicated within the tenth working day from the date of its supplied, which will be held in default of the inasistente.".
13 in article 218: to) replaced at N ° 2 of the third paragraph the phrase "only once give up bond in cash for an amount not less than half of the value of the goods", which follows after the comma (,) after the Word code, with the following: "only once give up bond in cash by the amount determined by the Court.".
(b) replaced in the fifth paragraph, the expression "from the day following that" by "to the fifth day after that".
14 Introducense following modifications in article 228: to) added, in the first subparagraph, the following point (c)), passing the current letters c) and (d)), to be d) and e), respectively: "c) (not be disabled for posts or public offices, nor have you been imposed the disciplinary action referred to in the second paragraph, letter e), article 234 or dismissal referred to in article 119 of the law N ° 18.834" , Administrative status.
The requirement laid down in the preceding paragraph may be replaced for persons who credited experience as service staff or have been recognized as a customs agent proxies, by a period not less than ten years; "(, y b) add the following final new subsection:"In any case, the Board, to settle complaints, not may alter or modify the standards, procedures or weightings that were set by the National Director before the contest."."
15 Add the following final sub-paragraph to article 230: "for purposes of the preceding paragraph, means that no safeguards the independence of customs broker society that it intends to establish or the Convention seeking to celebrate with international companies of goods, with other subjects of maritime, air or land, trade with banks or financial institutions with responsible for warehousing enclosures , or with other people or companies alike, if that company or Convention implies a mediation on the part of such persons between the customs broker and his client. "."
16 be amended article 234 as follows: to) add the following number 3. his fifth subsection, passing the current number 3. to be number 4.: "3. Of incorporation or of concluding a Convention with international goods transport companies, with other subjects of maritime, air or land trade, banking or financial institutions, responsible for warehousing enclosures or with other people or companies alike, if the society or Convention means a mediation on the part of such persons between the agent and his client.
It is presumed that there is such a Convention by the fact that any of these people, their partners or workers offer to a client the service of a customs agent and this made the office. "(, y b) substituted in the final paragraph, the expression"five days"for"10 days"."
17 Add is in the second paragraph of article 235, after the separate dot (.), that happens to be followed dot (.), as follows: "in any case, when custom merges in the circumstance that the customs agent is subject to process by crime or simple offence due to its activity or the same offence may be of those who are not related to the activity that this plays and which, in the opinion of the National Director-" , it would severely the performance of its functions, such a measure should be kept while this procedural situation. In the latter case, customs agent shall have the right of appeal to the Board of customs, in the fatal period of ten days from the notification of the suspension measure. "."