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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 ...

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 ...

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 ...

Carey | March 2020

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 ...

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 ...

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 ...

Carey | March 2020

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 ...

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 ...

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. This is due to 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 ...

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 ...

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 ...

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 ...

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 ...

Carey | April 2020

In order to allow telecommunications´ users connectivity in case that, due to force majeure, they cannot pay their monthly bills, the Ministry of Transport and Telecommunications has agreed with some operators of mobile and fixed telecommunication services in the country, the establishment of a " Solidarity Connectivity Plan "that will be effective from April 1, 2020 ...

Carey | April 2020

On April 6, 2020, Law No. 21,227 came into force, allowing access to unemployment insurance benefits under Law No. 19,728, in exceptional circumstances. This law, in its Article 14, Title III "Final Provisions", provides for a new criminal offense consisting of fraudulently obtaining supplements, benefits and / or profits due to the pandemic caused by Covid-19 ...

Carey | April 2020

On March 25, 2020, and as the Chilean authority holding the superior direction of the civil aviation, the Civil Aeronautical Board (Junta de Aeronáutica Civil) issued the resolution Resolución Excenta Nº280 (“RE280”). The RE280 was issued based on the need to reduce the risks associated to the spreading of the Covid-19 virus through the air transport during the sanitary emergency period ...

Carey | April 2020

On April 6, 2020, the new law on employment protection (hereinafter, the "Law") entered into effect, within the context of a series of emergency measures taken by the Chilean authority as a result of the COVID-19 disease.The new Law provides the possibility of accessing the coverage of the unemployment insurance in three main scenarios:I ...

Carey | April 2020

On April 6, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on distance contracts during the COVID-19 pandemic", which seeks to set general guidelines regarding distance contracting with consumers during the constitutional state of catastrophe due to public calamity. To safeguard the basic rights embodied in Law No ...

Carey | April 2020

On March 31, 2020, the Subsecretary of Fishing and Aquaculture (“Subpesca”) issued the Exempt Resolution N° 886 (“Res. 886”) which provides the suspension of terms, procedures and other measures, as a consequence of the force majeure event caused by Covid-19. The suspension is effective as of March 18, 2020 and until it is reversed by another act.   I. Terms and procedures subject to suspension. According to Res ...

Carey | April 2020

On April 7, 2020, the Chilean Competition Court published on its website Decree (Auto Acordado) No. 21/2020 on extraordinary consultations made under Article 18 No. 2 of Law Decree No. 211, effective as of the same date.   I ...

Carey | April 2020

On April 8th, 2020, it was published on the Official Gazette Ruling No.88 (issued by the Undersecretary of Treasury), required by law No.21,227 on employment protection (hereinafter, the "Law"), for purposes of accessing to the unemployment insurance benefits established in the Law ...

Carey | April 2020

On April 3rd, 2020, Law No.21,218 (the “Law”), which creates a monthly subsidy (the “Subsidy”) borne by the State of Chile, in order for employees to reach a minimum guaranteed income, was published on the Official Gazette.   I. Requirements that employees must fulfill in order to be eligible for the Subsidy Having a valid employment contract, pursuant to the Labor Code. Their regular working schedule must exceed 30 hours a week ...

Carey | April 2020

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 ...

Carey | April 2020

On April 9, 2020, the Commission for the Financial Market ("CFM") issued Directive Nr. 1146 which, according to the situation associated with the outbreak of Covid-19 and the State of Constitutional Disaster Emergency, resolved the following:   I. Establishing by 2020 the following deadlines for the submission of reports on the following regulations: General Rule Nr ...

Carey | April 2020

On April 9, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on the suspension of terms of legal, voluntary and satisfaction guarantees during the health crisis of COVID-19". The document seeks to provide a harmonious interpretation of Law No. 19,496, Consumer Protection Act (CPA) and its principles, in the light of the measures adopted as a result of COVID-19 that have affected compliance with obligations arising from consumer contracts ...

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