Basic information
Outline of the system
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a multinational United Nations convention that aims to regulate international trade in wild animal and plant species so that such trade does not represent a risk to the survival of these species.
In the implementation of CITES, each country designates one or more authorities responsible for the administration, management and monitoring of the Convention.
Administrative authorities
The administrative authorities are responsible for granting the permits or certificates required for the importation and exportation of CITES-listed species, and for assessing the legality of specimens to be exported.
In our country, the administrative authorities are:
The Department of the Environment and Maritime Affairs of the Ministry of Foreign Affairs, which plays a coordinating role with the CITES Secretariat and chairs the National CITES Committee.
- SAG: Terrestrial fauna;
- CONAF (National Forest Corporation): Terrestrial flora;
- SERNAPESCA: Hydrobiological fauna.
Scientific authorities
The scientific authorities advise and support the administrative authorities in assessing the risk posed to the species by trade therein. They also approve exports of specimens from the wild.
Product coverage
CITES international trade regulations apply only to species, parts and/or derivatives included in one of the three Appendices or lists of species (Appendices I, II and III).
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 prohibition of international trade (for commercial purposes) applies to certain species that are more endangered. Broadly speaking, this Convention seeks to regulate, rather than prohibit, the transboundary movement of species of conservation concern. These regulations apply to live animal and plant specimens and to all their parts and/or derivatives such as embalmed animals, skins, bones, feathers, skulls, trophies, tissue samples and other biological materials, pharmaceuticals, shoes, handbags and ivory.
Questions for products under restriction as to the quantity or value of imports
The specimen must travel with the relevant permit or certificate.
The system applies to products originating from which country?
The regulations apply to all countries party to the Convention, of which there are currently 184.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Chile signed the CITES Convention on 16 September 1974, becoming the eighth country to do so. Subsequently, in 1975, the Government approved it and converted it into a Law of the Republic by means of Decree-Law No. 873 (Official Journal of 28 January 1975) and Supreme Decree No. 141 of the Ministry of Foreign Affairs (Official Journal of 25 March 1975). In our country, the Convention officially entered into force on 1 July 1975.
Subsequently, in November 2016 came the publication of Law No. 20.962 implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the purpose of which is to govern the obligations assumed by Chile as a State party to the Convention.
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?
Persons who have been punished and convicted for violating the provisions of Articles 8 and 11 of Law No. 20.962 shall be disqualified from registering any international trade activity involving specimens of the species mentioned in the first paragraph, and the administrative authorities shall be prohibited from issuing any permit or certificate under the terms established by the Convention. The term of the disqualification shall be one year from the date on which the sentence becomes enforceable.
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?
For products classed as terrestrial fauna, the form found on the Agricultural and Livestock Service website (https://www.sag.gob.cl/ambitos-de-accion/convencion-cites) must be submitted.
The information requested includes:
- Background information on the applicant
- Background information on the recipient of the specimens in the destination country
- Background information on the specimens to be shipped abroad
- Background information on the journey
Moreover, the following requirements must be met:
- The SAG (administrative authority) must be able to verify that the specimens will NOT be used for commercial purposes.
- The scientific authority must be satisfied that the purposes of importing such specimens will not be detrimental to the survival of the species, and
- In the case of live specimens, the scientific authority must be satisfied that whoever receives the specimens will be able to house and care for them adequately (through an analysis of the facilities and handling standards)
For products classed as terrestrial flora, the forms available on the CONAF website (https://oficinavirtual.conaf.cl/recursos/cites.php) must be submitted.
For products classed as hydrobiological species, the form available on the following web page must be filled out: http://www.sernapesca.cl/tramites-formularios/formulario-cites, in addition to meeting the requirements set forth in point 1.1 of this questionnaire.
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?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
A licence cannot be granted immediately since this requires the approval of the administrative authority, which must verify background information and, in some cases, consult the scientific authority.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Not applicable.
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?
Not applicable.
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?
An application may be denied for various reasons, including:
- When the applicant has been punished and convicted for violating the provisions of Law No. 20.962;
- When the proposed recipient of a live specimen is unable to house and care for it adequately;
- When a scientific authority of the importing State has indicated that the purposes of importation will be detrimental to the survival of the species;
- When an administrative authority of the importing State has detected that the specimen is to be used primarily for commercial purposes;
- When there is a failure to prove legitimate origin.
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?
Not applicable.
What documents are required upon actual importation?
The documents to be submitted to the SAG for terrestrial fauna are:
- A permit application form for the importation of specimens of the species listed in Appendix I of CITES.
- A sworn statement before a notary public attesting that the specimens will not be used for commercial purposes.
- A report on the facilities where the live specimens to be imported will be housed.
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?
Import permits issued by the various administrative authorities are valid for 6 to 12 months, with the possibility of issuing a new permit in case of expiration.
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?
Import permits are not modifiable and must be used by the holder to whom they were granted.
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.