Member Article

The mining industry has been subject to some specific measures due to the COVID-19 pandemic.

I. Collective Safe-Passage Permits.

According tonumber 10.bof theinstructionsfor travel permitsissued bythe Ministry of Internal Affairs and Public Security¹,updatedonApril2nd, 2020, mining companies and their related industries are considered as part of those basic services, utilities, and services with a high degree of social worth. Consequently, these companiesmayobtain collective safe-passage permits for their employees.

This permit shall be limited to that staff of the entity necessary for carrying out those duties, tasks, processes or managerial and service areas that cannot be interrupted as they are essential to ensure the supply of public utility services or to cover the basic needs of the population.

Procedure to obtain it: The representative of the company may visit the websitewww.comisariavirtual.cl,by entering his/her personal password (ClaveÚnica), in person at a police station, or send an email to[email protected],to request an especial password for this purpose.

The e-mail shall identify the individual or individuals representing the company (a maximum of four) with their full name, personal ID card number, post and institutional e-mail. In addition, the company's Chilean taxpayer ID (e-RUT) shall be attached to the e-mail. The username and password shall be sent upon receipt of this information.

Upon obtaining the certificate, it must be sent to each of the above-mentioned officers so that they may show, either in hardcopy or digital form, the document².

 

II. Instructions for requesting travel permits in the Mining Industry.

On March 30th, 2020, the Ministry of Mining published a protocol for the proper systematization of information of mining companies and their contractors, in order to analyze the application of number 10.b of the instructions for travel permits issued by the Ministry of Internal Affairs and Public Security.

Given the restrictive nature of the indicated exception and the discretionary Powers of the relevant authority, mining companies are required to report together with the travel application:

A. Staffing, and how much this will be reduced (%) for a minimum operation continuity:

1. Theminingcompany; and
2. The contractors (for each one of them).

 

B. How will the mining companies reduce travels, both of its own staff and of its contractors (shifts, prioritization of local workers or other measures).

Each mining company must send its application to the email address of the Undersecretary of Mining, Mr. RicardoIrarrázabal([email protected]) with copy to his Chief of Cabinet, Mr. Jaime Flores ([email protected]) and to the Head of Legal Division of the Ministry of Mining, Mrs. María LuisaBaltra([email protected]), also including and when appropriate, the applications of the respective contractors, under the same standards of the mining company. In the body of the said email, the two questions of the protocol must be answered, attaching an Excel spreadsheet with the following data:

1. Nameofthecompany;
2. Tax ID number of the company;
3. Address of the facilities where the authorized staff will work; and
4. Information on the workers for whom the permit application is being submitted.

 

III. Online proceedings before theNationalGeology and Mining Service.

TheNationalGeologyand MiningService (“SNGM”) has enabled new links in theNationalMiningSubdirectorate’swebsite³to allow thecompletion of several proceedings, in addition to those already available through online presentations. The accessible online proceedings, divided according to the correspondent department, are the following:

A. Project Evaluation, Environmental Management andMiningClosure Department

1. Submission, review andpronouncement of projectswithhigher and lower capacity than 5,000 TPM.
2. Submission, review and pronouncement of tailing dams.
3. Submission, review and pronouncement ofminingclosure plans.
4. Traceability of reviewofexploitation methodprojects.
5. Traceability ofreviewofminingclosure planprojects.
6. Review and pronouncement of the Environmental Impact Statement.
7. Review and pronouncement of the Environmental Impact Study.

 

B. Audit Department.

1. Respond to corrective measures requested by SNGM inpreviouslyexecutedaudits.
2. Report E-100, E-200 and E-300forms.
3. Update company data (for instance, update address or legal representative).
4. File business activities (Principal and Contractors).
5. Regulations (pursuant to theMining Safety Regulation).
6. Request reopening of accident and/or production statistics.
7. Change ofrisk preventionexpert.
8. Hygiene and SafetyJoint Committee.
9. Creation ofmanifoldbook.
10. Authorization of vehicles to transport explosives.
11. Risk management plan.
12. Inventory of critical items.
13. Request for joint inspection.
14. Completionof activities.
15. Submitand/oramendmining company contracts.
16. Report accident notice.
17. Fileemergency plan.

 

Furthermore, there is a special website withadditionalinformation andlinkstoeach ofthe availableonlineproceedings:

1. Authorizationof vehicleto transport explosives in mining operations.
2. Authorization to build tailing dams.
3. Request for approval of miningexploitationmethods under 5,000 TPM.
4. Authorization to initiate aprincipal’smining operation.
5. Receptionof monthly accident reports.
6. RequestofnationalID numberfor exploitationminingconcessions.
7. Requestofapproval of miningexploitationmethods above 5,000 TPM.
8. Presentation ofgeneral application closure planprojectsof mining sites and facilities (over 10,000 TPM).
9. Presentation ofgeneral application closure plan projectsof mining sites and facilities(between 5,000 and 10,000 TPM).
10. Presentation ofgeneral application closure plan projectsof mining sites and facilities(under 5,000 TPM).
11. Receipt of monthly mining production reports.
12. Application forminingmeasuring expert.
13. Delivery of general information obtained from basic geological exploration works.
14. Information, claims and suggestions offices (OIRS).

 

Depending on the proceeding, the website will require the username andpersonal password (ClaveÚnica)provided bytheNationalCivil Register and Identification Service;or other special usernameand passwordobtained for that specific procedure.

 

C. Mining Property Department

1. Assignment of national ID number forexploration mining concessions.
2. Assignment of national ID number forexploitation mining concessions.
3. Inquiry ofnational ID number forexploration and exploitation mining concessions.
4. Inquiry of mining licenses payment.

 

Finally, the SNGM has enabled an online procedure forthe certificationof already constituted/grantedexplorations and exploitation mining concessions.Applicants ofcertificates onfinal awards, measurement minutes and maps, can send theirantecedents digitally, legibly and in PDF format to the email:[email protected]⁴.

For those proceedings that cannot bematerialized online, allSNGM receptionoffices will be open from Monday to Friday,from09:00 amto1:00pm. In Santiago and Punta Arenas, SNGM offices will be open onlyonTuesdays and Thursdays,on the sametime schedule⁵.

 

IV. Proceedings before the Chilean CopperCommission.

The Chilean CopperCommission(“Cochilco”)office is currently closed. Therefore, origin certificates for exportationswill not be issued until April 10th. However, emailaddresses have been establishedto serveurgent cases⁶.

Since April 2nd,Cochilcoisreceivingdocuments (antecedentsand certificates) by email to issue origin certificates for exportations with destination to MERCOSUR, Colombia, Ecuador and Peru.

 

Footnotes: 1.- Available on https://cdn.digital.gob.cl/public_files/Campa%C3%B1as/Corona-Virus/documentos/Instructivo_Cuarentena_020420.pdf 2.- For further information please visit https://www.carey.cl/en/safe-passage-permits-and-autorizations/ 3.- Available on https://www.sernageomin.cl/mineria/ 4.- The email must contain the name of the mining concession or group of mining concessions in its "Subject". The name and type of concession and judicial docket number must also be included. The applicant must also be individualized. In addition, the constitutive judicial award, the plan and/or the measurement or survey minute must be attached, all obtained from the judicial file. The certificate will be sent to the applicant’s email address. 5.- Email addresses of all SNGM offices available on https://www.sernageomin.cl/informacion-oficina-de-partes/ 6.- Available on https://www.cochilco.cl/Paginas/Inicio.aspx