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Superintendence of Environment and the Environmental Assessment Service Extend Term Suspension Measures in the Context of COVID-19
Carey, April 2020

I. Superintendence of Environment orders the extension of the terms suspension in sanctioning proceedings and other actions. On March 30, 2020 the Superintendence of Environment (“SMA”) issued Exempt Resolution No. 548 (“Res. 548”), which extended the term suspension measures ordered by means of Exempt Resolution No...

Law on Court Deadlines
Carey, April 2020

  1. The Chilean Supreme Court is vested with the powers to order the suspension of hearings whenever they cannot be carried out because no basic guarantees can be offered for due process because of the restrictions imposed by the Government in the context of the constitutional exception state, such as the limitations to freedom of movement or to the entry into or exit from certain territories, or due to the consequences of the sanitary emergency...

New Law Modifies 30-Days Payment System
Carey, April 2020

On April 3rd, 2020, a new Law that amends Law No. 19,983, which regulates the transfer and grants direct enforceability to the copy of invoices, on certain aspects that were recently amended by Law No. 21,131 on 30-days payment, was enacted . The most relevant modifications introduced by this Law aim to benefit small sized businesses (micro, small and medium sized businesses as per defined in Law No...

Decree No. 420 to Support Families, Employees and Micro, Small and Medium Enterprises Due to the Difficulties Generated by the COVID-19
Carey, April 2020

On March 30, Decree No. 420, which contains various tax measures that seek to provide greater liquidity to companies, SMEs and employees, was published. The Decree No. 420 considers the following measures: 1. Deferral of the payment of VAT corresponding to the months of April, May and June 2020, under the following rules: to...

Law No. 21.225 to Support Families and Micro, Small and Medium Enterprises due to COVID-19 and Procedure for Obtaining and Recovering Passwords
Carey, April 2020

Law No. 21,225 to Support Families and Micro, Small and Medium Enterprises due to Covid-19   On April 2, 2020, Law No. 21,225, which materializes some of the measures of the Emergency Economic Plan announced by the Government of Chile last Thursday, March 19, was published. The measures contained in this law are the following: Family Income Support Bonus for recipients of certain family subsidies and individuals or families from the most vulnerable 60% of the population...

Labor Board Promotes the Suspension of Collective Bargaining During Health Emergency / Resolution by the Labor Board on the Labor Effects of Health Measures Issued by the Authority
Carey, April 2020

Labor Board promotes the suspension of collective bargaining during health emergency   On Monday, March 16th, the Labor Board issued Service Order No. 1, which on the option of extending the term for collective bargaining in order to defer the day of voting for a strike...

Current Scope of COVID-19 in the Insurance Market
Carey, March 2020

I. Coverage From a commercial perspective, the main challenge for insurance companies and insureds has been to determine whether events such as pandemics, epidemics, economic losses due to quarantines, etc. in connection with Covid-19 are covered or not by their insurance policies...

Frequently Asked Question about Labor Law in Times of COVID-19
Carey, March 2020

I. Payment of remunerations by Employers to employees not rendering services Employees subject to medical leave : Normally, the employer is not required to pay remuneration. The employee should receive a subsidy from the relevant health institution...

Measures Regarding Basic Services in the Face of COVID-19
Carey, March 2020

On 27 March 2020, the Chilean Government announced that the Ministry of Energy reached an agreement with power distributors to roll out a contingency plan that helps Chilean households pay the electricity bills during the State of Catastrophe...

Measures Taken by the Chilean National Customs Service Regarding COVID-19
Carey, March 2020

I. Regulation Considering the Covid-19 pandemic and Chile's declaration of a State of Catastrophe, the National Customs Service ("Servicio Nacional de Aduanas," SNA)) has issued certain regulation to facilitate electronic foreign and domestic trade operations and to protect the health of people involved in its operations. Regulations currently in force and effect: A. Circular Letter No...

Q&A Regarding Procedures before the Chilean Public Health Institute and the Power to Set Prices for Certain Pharmaceutical Products, Medical Devices, Etc. is Established
Carey, March 2020

Q&A procedures before the Public Health Institute (ISP)   May I file for sanitary registrations? Requests for sanitary registrations for pharmaceutical products, cosmetics and others regulated, as well as for their modifications, may be filed for through the GICONA portal, and official tariffs shall be paid only through electronic transfer of funds...

Bills of Law on Sanitary Matters, filed in the context of the current situation
Carey, March 2020

In the context of the current sanitary alert, several bills of law have been filed with Congress, seeking to regulate certain aspects associated to states of emergency and sanitary crises in particular.To such ends, the bills that stand out are:I. Bill prohibiting and penalizing price increases in the face of epidemics or pandemics:On Tuesday 17 March 2020, a bill was filed with the Lower Chamber (Newsletter 13...

Chilean Central Bank Sets Rules on Financing for Banking Institutions to Support Funding and Refinancing of Loans and Postpones Deadlines to Facilitate Applications to Public Contests
Carey, March 2020

26 March 2020 Chilean Central Bank sets rules on special financing for banking institutions to support funding and refinancing of consumer andcorporate loans, along a temporary flexibilization of its regulation onliquidity management in the banking industry As a response to the financial tensions triggered by the dissemination of Covid-19, the Chilean Central Bank (BCCh) announced on Monday 23 March 2020 a series of measures aimed atgranting liquidity for the economy and supporting the

Operation of Criminal Courts, the Prosecutor's Office and Police Forces
Carey, March 2020

In the context of the health alert issued by the Ministry of Health and the subsequent declaration of a state of Constitutional Exception of Catastrophe in Chile, due to public calamity, a series of measures have been set in place, altering the regular operation of Criminal Courts, as well as for the Chilean Prosecutor's Office and Police Forces.   I...

New Bills Which Affect the Criminal Process
Carey, March 2020

As a result of the health alert decreed by the Ministry of Health and the subsequent declaration of a state of Constitutional Exception of Catastrophe in Chile, due to public calamity, several bills have been presented, which affect the criminal process, among others, bulletins N° 13.343-07 and 13.358-07. I. Bill that Establishes a Legal Regime of Exception On March 24th, 2020, the President of the Republic submitted a bill to the Chamber of Deputies, Bulletin No...

Exempt Resolutions No. 200 and No. 203 from the Chilean Ministry of Health, on COVID-19 Outbreak
Carey, March 2020

Exempt Resolution No. 200 from the Ministry of Health, instructing the lockdown of cinemas, theaters, pubs and health clubs and banning customer service at restaurants and coffee shops On 20 March 2020, and as a result of the measures implemented by the Chilean Government to face the Covid-19 pandemic, the Ministry of Health issued Exempt Resolution No...

Ruling 6785-20 Issued by the Office of the Comptroller Due to the Measures Adopted by Mayors on Account of the Sanitary Emergency Situation
Carey, March 2020

On 24 March 2020, and due to the varied measures adopted by mayors and municipal authorities affecting, among others, commercial establishments, the Office of the Comptroller General of the Republic (“the Comptroller” or the “CGR”) published Ruling 6785-20 (the “Ruling”)...

Chilean Central Bank Informs Conditions for Credit Facility Conditioned to the Increase in Placements (FCIC) and Supplementary Measures
Carey, March 2020

As a response to the financial tensions triggered by the dissemination of Covid-19, the ChileanCentral Bank (BCCh) has announced a series of measures aimed at granting liquidity to theeconomy, support the flow of credit and the conveyance of the monetary policy. A core component of these measures is that of a Credit Facility Conditioned to the Increase inPlacements (FCIC)...

Chilean Superintendence of Environment and Environmental Assessment Service Order the Suspension of Terms and Enforce Virtual Channels in the Context of Covid-19
Carey, March 2020

Superintendence of Environment orders the suspension of terms and enforces virtual channels in the context of Covid-19 The Superintendence of Environment has suspended all of sanctioning proceedings and implemented virtual channels to receive consultations, complaints and replace its reception office...

Consumer Law and SERNAC’s Supervisory Role Facing Covid-19 Pandemic
Carey, March 2020

  Covid-19 has had an impact on ongoing consumer contracts and their relations with suppliers. The rapid spread of the virus led the authorities to declare State of Disaster in the country, raising concern about the (i) fulfillment of consumer contracts of goods and services and (ii) an eventual price manipulation...

Obtention of Temporary Transit Permit in Quarantined Communes for Foreigners Residing in Chile, Either as Tourists or Residents and Do Not Have a “Clave Unica” or Chilean I.D. Card. for Foreigners
Carey, March 2020

In order to obtain the temporary transit permit which authorizes to carry out fundamental activities and stock up of basic goods and services, among other activities, foreigners residing in Chile either as tourists or residents and who do not have a "unique key" or Chilean ID card for foreigners (a provisional RUT may not be used for this purpose), must request this permit in person at the offices of Carabineros de Chile closest to their domicile, showing a valid passport...

Notarial Offices Shifts in Boroughs in the Metropolitan Region Under Quarantine
Carey, March 2020

Below is the detailed list set for notarial offices located in the 7 boroughs under quarantine in the Metropolitan Administrative Region, between 27 March and 02 April 2020. Said notarial offices will open between 10:30 am and 1:30 pm Borough of Santiago March 27, 2020 Notarial Office of Mr. Humberto Quezada Moreno: Huérfanos 835, Santiago Notarial Office of Mr. Vladimir Schramm López: Huérfanos 1499, Santiago March 28, 2020 Notarial Office of Ms...

Relevant Aspects of the Enforcement of Commercial Contracts in Chile in Cases of Non-Compliance Resulting from COVID-19 Outbreak
Carey, March 2020

We foresee that, as a result of the current situation of the Covid-19 outbreak in Chile, there may be a significant increase in breaches to the obligations set forth in commercial contracts, under the argument of force majeure...

Details of New Telework Law Approved by Congress
Carey, March 2020

On March 23, 2020 the bill on Telework was finally and completely approved by the Congress and ratified by the President of Chile. Therefore, according to transitory article number 2, this law will become valid and enforceable starting April 1st 2020. This law regulates telework in the following terms: I...

Tax Measures Contained in Chilean Emergency Economic Plan to Face COVID-19
Carey, March 2020

Last Thursday, March 19, the Government of Chile presented an Emergency Economic Plan to combat COVID19, which contains various economic and tax measures that seek to provide greater liquidity to companies, SMEs and employees. From the tax perspective, the Emergency Economic Plan considers the following measures: Suspending the obligation to make Provisional Monthly Payments (PPM) for the months of April, May and June 2020...

 

 

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