Basic information
Outline of the system
In order to import a pesticide for agricultural use, the product must be previously authorized by the SAG, which also checks all pesticide import requests at ports of entry into our country, applying the standards and procedures set forth in Resolution No. 1.038 of 2003 to verify the identity of the pesticides and their respective chemical compositions.
If the pesticide is not among the products authorized by the SAG, the interested party must request its authorization through a procedure governed by Resolution No. 1.557 of 2014, as amended by Resolutions Nos. 1.400/2015, 1.208/2016 and 5.482/2016.
Pesticides not previously authorized are rejected and ordered to be re-exported or destroyed. The process of requesting authorization takes about 24 months, and it is not possible to keep the cargo at the port during this period.
Product coverage
Only those pesticides for agricultural use authorized by the Agriculture and Livestock Service may enter the country (the list is available at https://www.sag.gob.cl/ambitos-de-accion/evaluacion-y-autorizacion-de-pl...). In the event that the pesticide is not among the products authorized by the SAG, the interested party must request its authorization through a procedure governed by Resolution No. 1.557 of 2014, as amended by Resolutions Nos. 1.400/2015, 1.208/2016 and 5.482/2016. Since 2018, microbial pesticides have been governed by Resolution No. 9.074.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licence is not intended to restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to all goods entering the country, irrespective of their origin.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The rules and procedures under which the licensing is maintained are Resolution No. 1.038 of 2003, Resolution No. 1.557 of 2014, as amended by Resolutions Nos. 1.400/2015, 1.208/2016 and 5.482/2016, and, for microbial pesticides, Resolution No. 9074/2018.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licences.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
To request authorization to import a pesticide, the interested party must present the following documentation at the SAG office at the port of entry:
- A customs destination certificate indicating the authorization number issued by the SAG for each pesticide for agricultural use.
- A copy of the pesticide's Safety Data Sheet, in accordance with Law No. 18.164.
- An agricultural product inspection report.
- An original certificate of composition analysis issued by the manufacturer or formulator of the pesticide for each batch of pesticide, which must indicate the manufacturing batch number, active ingredient, concentration, formulation, volume and country of origin.
- An original invoice indicating the volume of the consignment to be imported, amount and c.i.f. or f.o.b. value.
- A cargo manifest, bill of lading or air waybill for the means of transport.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which applications may be submitted.
Issuing the license
Can a licence be granted immediately on request?
Not applicable.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The application must be filed at ports of entry. The Agriculture and Livestock Service will carry out a documentary inspection. Once this has been done, a determination will be made as to whether a physical inspection of the consignment is appropriate. If the consignment is approved, the pesticide may enter the country, provided it is not subject to official sampling. If it is, the consignment must be sampled and held until it has been classified in the analysis results report.
Which administrative body is responsible for approving application of licences?
Licence applications are considered only by the Agriculture and Livestock Service.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Not applicable.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
In the case of pesticides that have been seized pursuant to a detention order
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
In the case of pesticides that have been seized pursuant to a detention order because they are subject to sampling, the costs of sampling and analysis shall be borne by the importer or manufacturer.
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An application may be refused if the result of the physical analysis differs from the composition indicated in the document "Autorizaciones de Plaguicidas de Uso Agrícola" ("Authorizations of Pesticides for Agricultural Use") in force at the time of sampling, taking into account the tolerances established in Exempt Resolution No. 386 of 1983 or the resolution replacing or modifying it. The interested party may request the relevant Service Office to analyse the first counter sample in its possession in an authorized laboratory different from the first one. If this counter sample yields a result that is within the permitted ranges, the Service will send the second counter sample in its possession to a third authorized laboratory to confirm the previous result.
If, on the other hand, the first counter sample produces a result that confirms the first analysis, the product must be destroyed or re-shipped within a period not exceeding 180 days, with the cost being borne by the interested party or their representative.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The documents required for actual importation are those listed in point 25.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The licence shall be valid only once.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Not applicable.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.