Basic information
Outline of the system
Seeds entering the country must meet the following requirements (where applicable):
(a) Variety denomination.
(b) Phytosanitary requirements (quarantine weeds, regulated non-quarantine weeds, phytosanitary treatments and others).
(c) Minimum percentage of (physical) purity and germination.
(d) Authorization of the right holder for protected varieties.
Product coverage
This system applies to all seeds.
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
This system is not intended to restrict the quantity or value of imports, but to keep records and control the varieties of imported seeds. In addition to keeping a record of and controlling incoming varieties, the system must ensure that incoming seeds comply with the quality standards established for domestic trade.
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 imported into the country. There are (quality) requirements that are not applicable to all seeds, only to those imported for the purpose of being sold and that have established minimum germination and purity percentages.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Supreme Decree No. 188 of 1978 on crop seeds establishes the quality requirements for seeds imported into the country. These are minimum percentages of (physical) purity and germination. These requirements will be verified at entry points.
The phytosanitary aspects of importation shall be governed by the general standard that establishes the criteria for quarantine pests in the territory of Chile, the standard establishing regulations for the control of plant species considered as weeds in seed shipments and the specific regulations in place depending on the species and country of origin, which shall prevail over the other aspects considered in the replies contained in this document.
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 seed import 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?
The application requires the importer's information in addition to the result of the analysis indicating (when applicable) that the seed complies with the requirements established in the standard.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
When importing seeds into our country, the importer or their representative must submit, for processing, a customs destination certificate, in which they must declare accurately and truthfully the product they wish to import, attaching the required documentation in each case. There are two processing procedures:
- Normal (carried out when the cargo has already arrived in the country);
- Advance (carried out before the goods arrive at the port, which makes it possible to remedy possible non-compliance or know in advance the measures to which the shipment will be subject upon arrival). In this case, the goods may be at origin or in transit.
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 certificates may be requested or seeds imported.
Issuing the license
Can a licence be granted immediately on request?
Law No. 18.164 of 1982, on customs destinations and the National Customs Service, grants a period of 72 hours for the Service to rule on the goods presented in the request submitted by the user. This ruling consists mainly of the SAG inspector indicating whether the product falls within the purview of the SAG, and if so, the customs destination certificate is numbered. Once the document has been numbered, and within the aforementioned deadline, documentary verification is carried out, in which the documents accompanying the shipment and indicating its traceability, condition and quality (B/L, consignment note, air waybill, as applicable; packing list, invoice, etc.) are checked to ensure that they tally with one another, along with the certificate, in the case of a regulated product, and its respective requirements (additional declarations, phytosanitary treatments, etc.). There is the option for the importer or their representative to request verification outside business hours, in which case they must submit a request for authorization and bear the consequent higher cost. Missing documents and/or miscellaneous considerations identified by the SAG inspector during the documentary verification are recorded in the observations field of the customs destination certificate. Once the documentary verification is completed, a copy is given to the importer or their representative so that they may subsequently request a phytosanitary inspection.
The SAG inspector carries out the phytosanitary inspection according to the schedule provided by the port administration (an activity coordinated by the port administration and the importer or their representative).
At this stage, the inspector verifies that what is declared in the documents matches the physical aspects (species, variety, batches). In cases where it is necessary to take a sample for laboratory analysis, the SAG inspector must have the authorization of the importer or their representative to extract the sample, which may be explicitly stated in the customs destination certificate or by email.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
When importing seeds into our country, the importer or their representative must submit, for processing, a customs destination certificate, in which they must declare accurately and truthfully the product they wish to import, attaching the required documentation in each case. There are two processing procedures:
- Normal (carried out when the cargo has already arrived in the country);
- Advance (carried out before the goods arrive at the port, which makes it possible to remedy possible non-compliance or know in advance the measures to which the shipment will be subject upon arrival). In this case, the goods may be at origin or in transit.
Which administrative body is responsible for approving application of licences?
Applications are considered only by the Agriculture and Livestock Service, when applicable. The Service takes a sample for analysis in official laboratories only in the case of seeds that are not accompanied by a seed analysis certificate attesting to compliance with quality and phytosanitary requirements.
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?
No other conditions are attached to the issue of a licence.
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?
The only payment requirement associated with the issue of the licence relates to the proof of payment that the importer or their legal representative must submit to the SAG inspector for the analysis of samples in the appropriate laboratory (when applicable). If the importer or their representative does not pay, the sample will not be sent to the laboratory for analysis.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
The application may be refused if the result of the laboratory analysis indicates:
- The presence of quarantine weeds, in which case the import is rejected.
- A germination percentage lower than that established in the standard, in which case the import is rejected.
- A purity percentage lower than that established in the standard, in which case the importer or their representative will have the option of submitting the batch for purification, with the import left pending until a new analysis is carried out. If the batch meets legal minimum requirements, the import is accepted. Otherwise, it is rejected.
- The presence of regulated non-quarantine weeds. In this case, the importer may submit the batch for purification, with the import left pending until a new analysis is carried out. If the batch meets legal minimum requirements, the import is accepted. Otherwise, it is rejected.
- The presence of live quarantine or exotic insects for Chile during the phytosanitary inspection, in which case the import is rejected if the conditions for treatment are not met.
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?
There are no limitations as to the period of the year during which certificates may be requested or seeds imported.
What documents are required upon actual importation?
The importer must present the following documents for the importation of seeds:
- Commercial invoice;
- Packing list;
- Authorization of the right holder in the case of seeds considered protected varieties in Chile;
- Seed analysis certificate (when applicable);
- Phytosanitary certificate.
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 is valid only once. The process must be repeated every time seeds are imported into the country.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of the licence since it is granted at the time of importation.
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.