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Exemptions to Foreign Diplomats

Foreign travelers entering the country

Foreign travelers entering the country as:

  • MEMBERS OF THE DIPLOMATIC OR CONSULAR CORPS OR OF INTERNATIONAL ORGANIZATIONS AUTHORIZED BY THE GOVERNMENT OF CHILE.
  • ADMINISTRATIVE AND TECHNICAL STAFF AND CONSULAR OFFICERS.

Such officers are eligible for personal exemptions, in accordance to their investiture, for the following goods:

a) Diplomatic or Consular Officers:
-Goods intended for their personal use.
-Goods intended for their family s personal use or people living in the same house.
-Goods intended for their settlement in Chile.

b) Administrative and Technical Staff and Consular Officers:
-Goods intended for the administrative and technical staff and consular officer s personal use.
-Goods intended for their family s personal use or people living in the same house.
-Goods intended for their settlement in Chile.

c) International Organization s Officers:
The Ministry of Foreign Affairs place these officers on a level with the diplomatic levels given by each organization, previously pondered and qualified according to its internal categories.

 

Members of the diplomatic or consular corps and administrative and technical staff can bring in goods without paying the ad valorem duties and excise taxes.

Likewise, they don t need to be previously recorded and deposited at the Central Bank of Chile; however, when importing such goods there must be paid other taxes such as warehousing and transporting, as well as surcharges and fines for exceeding the authorized warehouse time period either customs or private- and/or Temporary Admission periods.

 

They are eligible for a personal exemption if:

a) Diplomats:
- They are not Chilean nationals.
- They are accredited to the Government of Chile.
- There is reciprocity by the country represented by the officer.
- Do not perform other activities except from his position, such as trade, business or lucrative activities of any kind.

b) Administrative and Technical Officers of Diplomatic Delegations and Career Consular Delegations accredited to the Government of Chile:
- They are not Chilean nationals.
- They are considered Government officers and hold official passports from their countries.
- They are especially appointed to perform duties in Chile.
- There is reciprocity by the country represented by the Head of Mission.
- The officer or his family shall not perform other remunerated activities different from their government duties.

 

  • Shall enter the country under the diplomat s cost. It can be accepted changes to consignments in cases specifically determined by the Ministry of Foreign Affairs through its Department of Exemptions.
  • Shall be intended for diplomats and his family s personal use, as well as for administrative and technical officers and their families personal use.
  • Shall not exceed the customs value authorized for the corresponding time periods, in accordance to settlement and annual quotas.

 

In accordance to the above, diplomats claiming for exemptions:

  • Shall pay the Private Warehouse Declaration within the established period of time and submit the Clearance Form to the same Customs Office that authorized the private warehouse for the relevant goods and attaching the relevant documents.
  • Shall be able to clear goods from the bonded warehouse or pay the private warehouse tax once the Form has been processed and authorized. The issuance of a Clearance Form by the Ministry of Foreign Affairs is the first step to legally import goods under this exemption. The Form shall be submitted to the corresponding Customs Office which after being processed authorizes the release of goods from the bonded warehouse or paying the private warehouse rights if goods were already released under this document.

 

Settlement and Annual Quota

Duty free payment of goods is given in accordance to settlement and annual quotas, expressed in customs value of goods, corresponding to the officer according to his category within a Mission accredited to the Government of Chile.

They are eligible for settlement quotas during the twelve first months from their accreditation date.

They are eligible for annual quotas for each of the following periods after the expiry date of the settlement quota.

Quotas are personal and nontransferable and are not valid after their due date.

Private warehousing time period: up to 90 days, subject to be extended, in accordance to Article 108 of the Customs Ordinance.

 

a) For Heads of Delegations:
Settlement quota US$ 120,000
Annual quota US$ 15,000

b) Embassy Staff:
Settlement quota US$ 80,000
Annual quota US$ 5,000

c) Administrative and Technical Officers of Diplomatic and Consular Delegations:
The exemption allows them to a settlement quota (US$ 25,000) in accordance to the relevant Regulations (Art. 1 Doc. Foreign Affairs 403/68), which also establishes that this exemption shall be claimed within one year from its authorization by means of strict mutual reciprocity .

 

Imported goods under this exemption are subject to different restrictions regarding their use, consumption and disposal.

As a general rule, imported vehicles under this exemption cannot be sold, leased, rented, borrowed or any other kind of trading activity which means possession by other person before three years from its import date, unless you pay the duty difference between those paid at import and the existing ones when numerating the payment application, in accordance to the relevant tariff classification of the general regime.

The duty difference shall be reduced a 75% and 50% after one or two years, from its import date.

Clearance of other goods shall require meeting provisions of article 101 of Customs Ordinance, which means that after five years from its import date goods shall be available to the owner without paying any duties.

 

TO CLAIM THIS EXEMPTION

You have to claim this exemption at the Ministry of Foreign Affairs.

The Ministry authorizes the exemption through the corresponding Form which is submitted to Customs in order to clear the goods.

a) Where
You have to claim the exemption at the Ministry of Foreign Affairs, Department of Exemptions. This Department gives the corresponding Forms which shall be signed by the requiring person and the Head of Mission or Organization to which he belongs to.

The exemption is established in the said Forms, which can also be used to ask for clearance of goods, instead of using the regular customs destination forms.

b) Customs Service
Clearance of goods can be performed by the interested party, a Customs Broker, an officer of the Mission (to which he belongs) or a representative of the party that is not an Agent appointed before a Public Notary.

When a third party acts in his representation, he is totally responsible for his actions before Customs. The interested party should be very careful when appointing a representative; likewise it is also advisable to be totally aware of obligations and duties before customs.

 

There are two options to clear goods that will depend on if you have or not the Clearance Form issued by the Ministry of Foreign Affairs which establishes the exemption.

Without the Clearance Form:
Goods can be cleared for a 90 day extendable time period by means of a Private Warehouse Declaration.

With the Clearance Form:
It must be directly submitted to the Customs Office where goods were declared.

Issuance of this Form is the first step to legally import goods under this exemption. It must be submitted to the corresponding Customs Office and after being processed it authorizes clearance of goods from bonded warehouse or tax payment of private warehouse, if the said clearance was previously made under this document.

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