LAW NO. 20,962 APPLIES CONVENTION ON INTERNATIONAL TRADE OF ENDANGERED SPECIES OF FLORA AND FAUNA I have to honor to communicate to V.E. that the National Congress has given its approval to the following Bill: " Title I Provisions Article 1.-The purpose of this law is to regulate the obligations assumed by Chile as a State Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), approved by decree law No. 873, published in the Official Journal dated 28 January 1975. Without prejudice to the provisions of the foregoing paragraph, the animal health or plant health aspects shall be governed by the existing special legislation, which prevails over this law. Trade in specimens, parts, products or derivatives of the species listed in Appendices I, II and III of the Convention shall be permitted, subject to the conditions laid down therein and in accordance with the laws in force, and may be Chile will adopt more stringent measures than those established in the Convention. Appendices I, II and III, as defined in Article II thereof, form an integral part of the Convention. Appendix I includes all endangered species that are or may be affected by international trade. Appendix II includes species that, while not necessarily in danger of extinction at present, could reach this situation unless the trade in specimens of these species is subject to regulation. strict in order to avoid a use incompatible with their survival, and those other species not affected by trade which must also be subject to regulation, in order to allow effective control of trade in species referred to in this paragraph. Appendix III includes all species that any of the States Parties to the Convention state that they are subject to regulation within their jurisdiction in order to prevent or restrict their exploitation, and that they need the cooperation of other States Parties in the control of their trade. A supreme decree issued by the Ministry of the Environment will establish updates to the Appendices to the Convention. Article 2.-For the purposes of this law and in accordance with the provisions of the Convention, the following definitions shall apply: (a) Species: any species, subspecies or geographically isolated population of one or the other. (b) Species: i. any animal or plant, alive or dead; ii. in the case of an animal of a species included in Appendices I and II, any readily identifiable part or derivative; in the case of an animal of a species included in Appendix III, any readily identifiable part or derivative that has been was specified in Appendix III in relation to that species, and iii. in the case of a plant, for species included in Appendix I, any readily identifiable part or derivative, and for species included in Appendices II and III, any readily identifiable part or derivative specified therein Appendices in relation to that species. (c) Trade: export, re-export, import or introduction from the sea. (d) re-export: export of any specimen which has previously been imported. e) Introduction from the sea: transfer to a State of specimens of any species caught in the marine environment outside the jurisdiction of any State. Title II Administrative, Scientific and Observance Authorities Article 3.-For the purposes of this law, the following entities shall have the quality of Administrative Authorities referred to in Article IX of the Convention: (a) The Ministry of Agriculture, in the field of terrestrial flora, which may entrust the functions referred to in Article 4, in accordance with Article 37 of Law No. 18,575, the constitutional organ of the General Administration of the State Administration, whose consolidated, coordinated and systematised text was established by the decree with force of law N ° 1-19,653, 2000, of the Ministry General Secretariat of the Presidency. (b) The Agricultural and Livestock Service, in the field of terrestrial fauna species. (c) The National Service for Fisheries and Aquaculture in the field of hydrobiological species. d) The Environment and Maritime Affairs Directorate of the Ministry of Foreign Affairs, which plays the coordinating role with the CITES Secretariat and chairs the CITES National Committee. Article 4.-To the Administrative Authorities, within the scope of their respective competences, and without prejudice to the powers conferred on the National Customs Service, it shall be for them to: (a) Issue the permits and certificates required by CITES for trade in specimens of the species listed in Appendices I, II and III, in accordance with the requirements laid down in the Convention. (b) to carry out the control and verification, where appropriate, of the permits and certificates of the specimens, at the time of their hospitalization to the country. c) Evaluate the legitimate origin or origin of the specimens. (d) Determine the applicability of the exemptions according to the criteria laid down in the Convention. (e) Fiscalize the provisions of this law. (f) Incauting specimens that, founded and reasonably, constitute an object of violation of this law, and refer the antecedents to the competent court for determining their fate. In the case of the commission of an offence or offence, the competent administrative authority, as a minister of faith, may refer the species to the official authority of the country of provenance of the specimen, in accordance with the existing CITES rules. and the resolutions that complement it. In the cases referred to in the final paragraph of Article 14, once the information has been received from the Public Ministry or the respective court, it will have the power to retain the specimens and determine their destination. g) Keep records of international trade in specimens of species included in Appendices I, II and III of the Convention. h) Establish communication with the CITES Secretariat and other States Parties to the Convention. i) Participate in the meetings of the Conference of the Parties, the Animals and Plants Committees, the Standing Committee and other bodies of the Convention. (j) Develop with the collaboration of the Scientific Authority the proposals for amendment of the Convention and the inclusion of species to its Appendices, as well as to evaluate the proposals for amendment submitted by other States to the Conference of the Parts. (k) Develop the reports required by the Convention. (l) To conduct training and dissemination on the subject of the Convention. (m) Inform the courts of justice and the Public Ministry on matters of their jurisdiction. (n) to carry out the other duties entrusted to them by this law and the Convention. Article 5.-Corresponding to the Scientific Authorities to advise the Administrative and Observance Authorities on matters specific to the Convention, and in particular: (a) Collaborating on the identification of intercepted specimens, retained, seized or seized. b) To decide on scientific and technical aspects that are necessary for the issuance of CITES permits or certificates, where appropriate. (c) To advise the Management Authority on the adoption of appropriate measures to limit the issuance of export permits when the situation of the population of a species so requires. (d) Issue reports on the drafting and review of the proposed amendments to the Convention and the inclusion of species in their Appendices. e) Participate in the meetings of the Conference of the Parties, the Animals and Plants Committees, the Standing Committee and other bodies of the Convention. (f) to carry out the other tasks entrusted to them by law or the Convention. The Scientific Authorities will be designated by supreme decree issued by the Ministries of Economy, Development and Tourism, or Agriculture, as appropriate, according to their competencies, in conjunction with the Ministry of the Environment. For that purpose, a Regulation shall lay down the conditions for such appointment and the procedure for its selection. Article 6.-The quality of the Observance Authorities shall be: Carabineros of Chile, Police of Investigations of Chile and the National Customs Service, institutions that will exercise their functions and attributions according to the precepts of this body legal, and in the field of the competences defined in their organic laws. The Administrative and Observance Authorities shall supervise compliance with the provisions of this Law and shall cooperate with the competent bodies in the investigation of the offences and offences provided for in this Law, without prejudice to the the other powers entrusted to them by the legislation in force. The officials of the Observance Authorities and the Administrative Authorities carrying out oversight duties will have the character of ministers of faith. Persons, natural or legal, technically competent, rescue, reproduction, breeding and exhibition centres, academic and/or research institutions, public or private, which develop projects, undertake Actions, initiatives or proposals aimed at improving the proper implementation of the CITES Convention, should be heard by the competent CITES authorities in Chile, which will give an informed response to the requirements. Also, in the case of adequate maintenance and destination of live specimens seized or seized by the competent authority, persons or private institutions which, without acquiring the property of these, in their capacity as custodians or collaborators of the authority, be responsible for your care or maintenance, you they are entitled to request and receive assistance from the organs of the State Administration, which, in turn, within the sphere of their powers, in order to comply with the objectives and provisions of the Convention, may grant it in order to maintain such specimens under appropriate conditions for the necessary time. Title III Of the Trade Records of specimens of the species of the Convention on International Trade in Endangered Species of Wild Fauna and Flora Article 7.-Create the National Register of International Trade of the specimens of the species included in Appendices I, II and III of the Convention, by the Administrative Authorities, in the field of their respective competences. A regulation will establish the procedure for the registration of the specimens and the permanence of them in the respective registry. In compliance with the requirements laid down in the Regulation and without any cause of inability, the Administrative Authorities shall proceed to an expeditious registration of the applicant in the trade records, with strict adherence to the principles and provisions of the Convention. Persons who have been punished and convicted for infringement of the provisions of Articles 8 and 11 shall be disabled in order to register any international trade activity on specimens of the species mentioned in the paragraph First, it is forbidden to the Administrative Authorities to extend any permit or certificate in the terms established by the Convention. The period of the inability shall be one year after the sentence has been executed. Title IV Infractions and sanctions Article 8.-The holders or holders of specimens, parts, products or derivatives of the alien species or subspecies listed in the Appendices to the Convention which, at the request of competent authority, do not They shall be subject to the provisions of the Convention and the law. They shall be subject to the terms of the provisions of the Convention and the fine of up to 100 monthly tax units. Notwithstanding the foregoing paragraph, the exemptions provided for in the Convention shall be taken into account. Once the judgment has been delivered, the competent court shall, by trade, communicate its decision to the administrative authority concerned. Article 9.-It shall be competent to know and to sanction the infringements of the previous article by the corresponding local police judge, in accordance with the procedure laid down in Law No. 18.287, which establishes Procedure before the Police Courts Local. For the purposes of determining the penalty referred to in the preceding article, the competent local police judge shall in particular consider the previous conduct of the offender, the quantity of specimens to be subjected to the infringement and the capacity the economic offender. The fact that the specimens which are the same belong to Appendix I of the Convention shall be deemed to be an aggravating circumstance of the infringement. Article 10.-In the case of the comiso of specimens of the species or subspecies listed in the Appendices of the Convention, the competent local police judge may order the custody of the respective Administrative Authority, or arrange for it, in accordance with the procedures provided for in the Convention, the return of the specimen to the country of provenance, its delivery to rescue centres or other institutions empowered or to determine any other destination deemed appropriate and compatible with the objectives of the Convention. In addition, the competent body may repeat against the offender for the costs incurred in the destination and maintenance of the specimen. In the case of seized or confiscated live specimens, the relevant Administrative Authority shall also ensure the timely transfer to the place of destination, with the appropriate material conditions for the species. Dead specimens may be delivered to research, educational or museum institutions, displayed for educational purposes, or destroyed. The rescue centres or establishments authorised for their custody must be authorised by the relevant Administrative Authority and comply with the requirements laid down in the legislation in force. Article 11.-Incurrra in the offence of smuggling which introduces into the national territory or extracts from it specimens of the species, parts, products or derivatives of the alien species or subspecies included in the Appendices of the Convention for non-authorized places; not presenting them to customs; not paying the duties and taxes and other charges, where applicable; hiding them; using false, adulterated or biased documentation or without the corresponding permits and certificates proving their legitimate origin, provenance or obtaining, and shall be sanctioned the following manner: (a) With a minor term of office in its middle grade, with a fine of 100 to 200 monthly tax units and comiso of the species, parts or products, in the case of specimens of species included in Appendix I. b) A minimum degree of imprisonment, with a fine of 50 to 100 monthly tax units and a fee for species, parts or products, in the case of specimens of species included in Appendix II. (c) With a maximum degree of imprisonment, with a fine of 10 to 50 monthly tax units and a fee of the species, parts or products, in the case of specimens of species included in Appendix III. Also, the person who: (a) Venda, offers for sale, exposes or exhibits to the public for commercial purposes, specimens, parts, products or derivatives of the alien species or subspecies included in the Appendices to the Convention, and which, being required by the competent authority, does not prove its legal or legitimate origin, in accordance with the provisions of the Convention and the law. This crime will be punished with a lesser prison term, plus a fine of 10 to 200 monthly tax units and a fine of those. (b) Store, custodian, transport or distribute, for commercial purposes, specimens, parts, products or derivatives of the alien species or subspecies included in the Appendices to the Convention and which, at the request of the competent authority, does not accredit their legal or legitimate origin, in accordance with the provisions of the Convention and the law. This offence shall be punishable by the penalties provided for in point (a) of this paragraph. The above, without prejudice to the provisions of Article 8 (1). Notwithstanding the foregoing, the exemptions provided for in the Convention shall be taken into account. Without prejudice to the provisions of the following Articles, the offence of smuggling referred to in the preceding paragraphs shall be judged in accordance with the rules referred to in Articles 188 and following of the Customs Ordinance, the text of which is The law of the Ministry of Finance, which was coordinated and systematized, was fixed by the decree with force of Law No. 30 of 2004, and the rules of Articles 178 to 182 of the aforementioned Ordinance will apply in all that is not in conflict with the provisions of this law. Article 12.-In the case of the offence provided for in the previous article, the corresponding penalty shall be increased to a degree if the person responsible is part of a group or meeting of persons to commit such a crime, without incurring the offence of association illicit. Likewise, the respective penalty will be increased to a degree in case of recidivism. The unlawful association to commit any of the offences provided for in this law shall be sanctioned in accordance with the provisions of paragraph 10 of Title VI of book II of the Criminal Code. In the case of Article 293 of the Penal Code, a fine of 100 to 1,000 monthly tax units will also be applied; and 50 to 500 monthly tax units, in the case of Article 294 of the same Code. Article 13.-The Public Ministry, directly and without prejudice to the first and second points of Article 76 of the Code of Civil Procedure, may require and grant international cooperation and assistance through the prepared by the CITES Convention, aimed at the success of investigations into the crimes of this law, in accordance with the agreement of international conventions or treaties, and may provide specific antecedents, even if they are find themselves in the situation referred to in Article 182 (3) of the Code of Procedure Penalty. Similarly, at the request of the entities of foreign countries that correspond, it may provide information on operations subject to secrecy or legal reserve to which it has had access in accordance with the applicable national law, with the To be used in the investigation of those crimes, have been committed in Chile or abroad. The delivery of the requested information must be conditional on its non-use for purposes other than those mentioned above and on the fact that it will remain confidential. The background, documents and other means of proof obtained under this article and the agreement in international conventions or treaties shall be construed as being produced in accordance with the law, regardless of what is resolved later on incorporation into the criminal procedure, or the probative merit that the court assigns to it. Article 14.-In the investigation of the constituent acts of crime provided for in this law, specimens of the species, parts, products or derivatives of the species or subspecies included in the Appendices to the Convention shall be seized, which at the request of the Public Ministry will be kept under the custody of the competent administrative authority, who shall take the necessary measures to prevent any changes in any form and in accordance with the procedures laid down in the Convention. For its part, the judgment shall also provide for the use of specimens of the species, parts, products or derivatives of the species or subspecies included in the Appendices to the Convention, which have been objects of the offence, to the relevant Administrative Authority, where the specimen is returned to the country of provenance, delivery to rescue centres or other institutions empowered or to determine any other destination in accordance with the procedures provided for in the Convention. Without prejudice to the second subparagraph, if the guarantee judge, at the request of the Public Ministry, considers it appropriate, he may at any stage of the procedure order the appropriate Administrative Authority to carry out the procedure. return of the specimen to the country of provenance, delivery to rescue centres or other institutions empowered or to determine any other destination in accordance with the procedures provided for in the Convention. In cases where the criminal proceedings initiated by the commission of any of the offences provided for in this law are terminated by the conditional suspension of the proceedings, at least one of the conditions agreed with the person shall be the voluntary delivery of specimens of the species, parts, products or derivatives of the species or subspecies included in the Appendices of the Convention to the relevant Administrative Authority, which shall proceed according to the provisions of the previous paragraph. The Public Ministry, in cases where it makes use of any of the privileges conferred on it by Articles 167, 168 and 170 of the Criminal Procedure Code; and the court, in cases of decree, final or temporary, of the cause or issue Any cause other than possession of the permits and certificates required under the CITES regulations, shall inform the administrative authority in a timely manner of such decisions. (a) the amount of the amount of the financial year in question; 4. Title V Other rules Article 15.-Amend Law No 19,473, which replaces the text of Law No 4,601, on Hunting, and Article 609 of the Civil Code, in the following sense: (a) Replace the second indent of Article 22 by the following: " The provenance or procurement of animals included in Annexes I and II to the Convention on the Conservation of Migratory Species of Wild Fauna shall be accredited in the same manner; (b) The first paragraph of Article 37 is replaced by the following: " Article 37.-The investigation and knowledge of the offences referred to in Articles 30 (1) and (2) of the Treaty on the European Community and 31 shall be the responsibility of the Public Ministry and the court competent in criminal matters, respectively. ' TRANSITIONAL PROVISIONS Article 1.-The Regulations referred to in Articles 5 and 7 of this Law shall be approved by means of the Supreme Decree of the Ministry of Agriculture, which shall also be signed by the Ministers of the Environment and Economy, Development and Tourism. Such decrees shall be issued within 90 days of the publication of this law. Article 2.-The greatest tax expense that the application of this law will irrogate during its first year of validity will be financed from the budget of each Ministry and, in what will be missing, from the resources of the budget heading Treasury Public, of the Public Sector Budget Law. In the following years the resources will be consulted in the budgets of each institution. " Having complied with the provisions of Article 93 (1) of the Political Constitution of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 21 October 2016.-MICHELLE BACHELET, President of the Republic.-Carlos Furche Guajardo, Minister of Agriculture.-Mario Fernández Baeza, Minister of the Interior and Public Security.-Heraldo Muñoz Valenzuela, Minister of State Exteriors.-Rodrigo Valdés Pulido, Minister of Finance.-Luis Felipe Cespedes Cifuentes, Minister of Economy, Development and Tourism.-Jaime Campos Quiroga, Minister of Justice and Human Rights.-Pablo Badenier Martínez, Minister of the Environment. What I transcribe to you for your knowledge.-Salutes attentively to Ud., Claudio Ternicer G., Deputy Minister of Agriculture. Constitutional Court Bill for the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, corresponding to the bulletin No. 6,829-01 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the preventive control of constitutionality, with respect to the articles 9 and 10 of the The Court of First Instance held that the Court of First Instance held that the contested decision was not applicable. It is resolved: 1.-That they are own constitutional organic law and do not contravene the Political Constitution, the articles 9, first, 13, first and second points; and, 15, letter b) of the bill. 2.-That no pronouncement of constitutionality shall be issued with respect to articles 8, 3, 3; 9th, second and third; 10; 11; 12; and, 14, first, third and final, for not dealing with matters of organic law constitutional. Santiago, September 30, 2016.-Rodrigo Pica Flores, Secretary.