AMENDMENT OF LAW N ° 18,480 Having regard to the fact that the National Congress has given its approval to the following Bill: " Article 1.-The following amendments are introduced in Law No 18,480 of 19 December 1985, which establishes a system of drawback of charges that have an impact on the cost of inputs of non-traditional minor exports: I.-Reposition, in the second indent of Article 1 °, the sentence: "The refund shall be 10% or 5%", for the following: " 10%, 5% or 3% ". II.-Reposition Article 2 °, by the following: " Article 2 °.-All goods exported from national origin, classified in the Customs Tariff at the date of acceptance of the procedure, may be granted access to the refund provided for in Article 1. export declaration issued by the National Customs Service and which, as at 31 December 1990, are affected to this benefit. This law may also be granted to goods exported from national origin classified in the Customs Tariff at the date of acceptance of the export declaration issued by the National Customs Service and which, at 31 December 1990, are excluded from the refund, provided that the amount exported by tariff item, according to its classification at the date of acceptance, has been, in 1990, equal to or less than the FOB value of US$ 5,000,000, currency of the United States of America, as certified by the National Customs Service. The rates of drawback applicable to the goods defined in the preceding subparagraphs, as well as the tranches of exports affected by these rates, shall be as follows: (a) Ten per cent for goods which, during 1990, have been exported, by tariff item, for amounts equal to or less than US$ 10,000,000, FOB value, in currency of the United States of America, as certified by the National Customs Service. b) Five percent for those goods that, during 1990, were exported, per tariff item, for amounts exceeding US$ 10,000,000, but equal to or less than US$ 15,000,000, FOB values, in the United States currency North America, as certified by the National Customs Service. c) Three percent, for goods that, during 1990, have been exported, per tariff item, for amounts exceeding US$ 15,000,000, but equal to or less than US$ 18,000,000, FOB values, in the United States currency North America, as certified by the National Customs Service. The export amounts indicated in points (a), (b) and (c) shall be adjusted annually in accordance with the average price index relevant to Chile's foreign trade, as certified by the Central Bank of Chile, based on the year 1990, and shall serve to fix the annual list of exclusions provided for in Article 3. ' III.-Replace Article 3 ° by the following: " Article 3.-Annually, by 31 March, by decree issued by the Ministry of Economy, Development and Reconstruction, and, in addition, by the Ministry of Finance, a list shall be established of the goods excluded, classified in accordance with the tariff positions in force on the date of manufacture of the goods, consisting of: (a) Goods which, in accordance with Article 2 (2), do not comply with the benefits of this law. (b) Those goods which, in accordance with Article 2 °, shall be excluded from the rates of 10%, 5% and 3% of refunds, for having exceeded, in the previous calendar year, the limits of US$ 10,000,000, US$ 15,000,000 and US$ 18,000,000, in currency of the United States of America, duly adjusted in accordance with the rule of Article 2 °, final indent. In addition, this list may include: 1) Those goods that correspond to investment projects that have been designed to produce exports that exceed US$ 10,000,000, in currency of the United States of America, duly adjusted in accordance with the provisions laid down in the final paragraph of Article 2. 2. Those raw materials or inputs constituting the main component of exported products not covered by the system established in this law. In order to operate the above, there must be an established application, submitted to the Ministry of Economy, Development and Reconstruction, in which it is shown that the value of the raw material or of the inputs for which the exclusion of the this benefit constitutes a component of the FOB value of the exported final product not less than 10%. In addition, for the withdrawal of the raw material or the input of the benefit granted by this law, at least 20% of the domestic sales of the raw material or the final products exported must have been used individually or collectively. raw material or input into the domestic market, during the last two calendar years prior to the date of the application. 3. Those goods whose tariff position, in force at the time of making the list, shall not reach the average of the last three calendar years, an increase in the amounts exported, duly adjusted, in accordance with the final subparagraph Article 2 °, equal to or greater than 1.5 times the average growth of the Gross Geographical Product in the same period. All export declarations corresponding to goods incorporated in the list of exclusions shall be entitled to receive the refund when they have been accepted for processing by the National Customs Service prior to the publication of the decree that excludes them. " IV.-In Article 4, the words "Articles 2 and 3", "second indent of Article 2", and "third and fourth points of Article 2 °" shall be replaced by the following: "Article 3", "first indent of Article 3", and " second indent, N ° s. 1 and 2 of Article 3 ', respectively. V.-Reposition, in Article 4 (a), the sentence "Articles 2 and 3" by "Article 3". VI.-Reposition Article 5 (a) (c) by the following: " (c) Exporters who, individually, in the course of the last 12 months, have embarked on a commodity, affect the 10% refund in respect of the tariff position corresponding, in the part that exceeds the FOB value of US$ 10,000,000, in currency of the United States of America, duly adjusted. On such excess, they will automatically access the 5% benefit conferred by Article 2 of this law. They shall not be entitled to refund the goods exported by the same beneficiary in respect of the corresponding tariff position, in excess of the FOB value of US$ 15,000,000, in currency of the United States of America, duly readjusted in the same period of twelve months as referred to in the preceding paragraph. On such excess, they will automatically access the 3% benefit conferred by Article 2 of this law. Nor shall those exporters who, individually, in the same period indicated in the previous incisents, have been entitled to return a commodity, affect the profits of this law, in the part that exceeds the FOB value of US$ 18,000,000, in currency of the United States of America, duly adjusted. " VII.-The phrase "Article 2" shall be replaced by "Article 3" in Article 6 (b). VIII.-Intercalase, in Article 6 °, as a third subparagraph, new, the following: " The time limit for applying for reimbursement to the Treasury Department shall be 120 days, counted from the expiration of the time of return of the export for which it is ask for the benefit. " Article 2 (b) of Article 17 of Law No 18,768. Article 3.-Article 5 ° and the final paragraph of Article 7 of Law No 18,687 shall be deleted. Transitional Article Article 1.-Article 1 of this Law shall begin to apply to the date of publication of the list of exclusions provided for in Law No 18,480. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, December 27, 1990.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Carlos Ominami Pascual, Minister of Economy, Development and Reconstruction.-Alejandro Foxley Rioseco, Minister of Finance. What I transcribe to you for your knowledge.-Salute attentively to you-Jorge Marshall Rivera, Undersecretary of Economy, Development and Reconstruction.