LAW NO. 20,297 AMENDS LAW NO. 19.067 AND ESTABLISHES RULES FOR THE PARTICIPATION OF CHILEAN TROOPS IN PEACEKEEPING OPERATIONS. The following |! |modifications to the law No. 19.067, which establishes rules |! |permanent on entry of foreign troops in the |! |territory of the Republic and exit of national troops |! |it, and fix the following rules for the |! |participation of Chilean troops in peacekeeping operations: 1) Add, before Article 1 °, the following |!: "TITLE I OF THE ENTRY OF FOREIGN TROOPS INTO THE TERRITORY OF |! | THE REPUBLIC". 2) Eliminate, in the first paragraph of Article 1 °, |! |the phrase ", after report or on a proposal from the |! | Institution of National Defense corresponding, ". 3) Amend article 2 °, as follows: a) Replace the phrases "instructional trips or |! |logistics, international courtesy acts or |! |fulfillment of military exchange agreements," by |! | " educational activities or instructional trips, |! |logistics activities, acts of courtesy international, |! |compliance with cooperation agreements on |! |defense, or humanitarian aid missions not derived from |! |an armed conflict, ". b) Eliminate the phrase", previous report or a |! |proposal of the institution of the National Defense that |! |corresponds. " (4) Intercalase, between Articles 3 ° and 4 °, the following entry: "TITLE II OF THE DEPARTURE OF NATIONAL TROOPS OUTSIDE THE TERRITORY |! | OF THE REPUBLIC PARAGRAPH 1 ° GENERAL RULES ON THE DEPARTURE OF TROOPS". (5) Replace Article 4, by the next: " Article 4 °.-The departure of national troops is |! |the territory of the Republic must be authorized by |! |supreme decree signed by the President of the |! | Republic, issued by the Ministry of |! | National Defense and with the signature of the Minister of |! | External relations. To dictate the alluded decree |! |supreme must be counted with the prior agreement of the |! | Senate. "6) Substitute, in article 5 °, the phrase" travel |! |of instruction or logistics, missions of aid |! |humanitarian, acts of international courtesy or |! |fulfillment of military exchange agreements, "by |! |" educational activities or instructional trips, |! |logistics activities, international courtesy acts, |! |compliance with cooperation agreements on |! |defense, or missions of humanitarian aid not derived from |! |an armed conflict, ". 7) Amend the article 6th of the following: (a) Amend the numbering of the current Article 6 °, |! |as Article 17. (b) Replace the expression "in Articles 2 and 2" by "in Articles 2, 5 and 15." 8) Intercalase the following article 6, new: "Article 6.-National troops, without prejudice |! |of the norms of international law, shall remain subject |! |abroad to the laws and regulations in force in |! | Chile." 9) Intercalase, a continuation of article 6 °, |! |new, the following paragraph 2 °, new: " PARAGRAPH 2 ° SPECIAL RULES ON DEPARTURE OF TROOPS TO PARTICIPATE |! | IN PEACEKEEPING OPERATIONS Article 7.-The departure of national troops from the |! |territory of the Republic, in any of its forms |! |organization or modalities, to participate in |! |peace operations arranged in accordance with the |! | Charter of the United Nations, will be authorized according to |! |with the special provisions contemplated this |! | Paragraph. The rules of this paragraph will also apply to |! |the departure of national troops to participate in |! |peace operations required of Chile, in accordance with |! |international treaties in force of which it is a party. Article 8 °.-For the purposes of the provisions in this |! | Paragraph, the President of the Republic will establish a |! | Inter-Ministerial Peace Operations Commission, |! |in charge of permanently advising the |! |foreign and foreign ministers National Defense |! |in relation to the participation of troops |! |nationals in peace operations and serve as an organ of |! |consultation and work regarding the various activities |! |that requires compliance with the rules contained in |! |this Paragraph. The composition, convocation and functioning of |! |this consultative commission will be fixed by decree |! |supreme signed by the President of the Republic and |! |issued by the Ministry of Relations |! | Foreign, must also count with the signature of the |! | Minister of National Defense. Article 9 °.-The President of the Republic |! |will request the agreement of the Senate for the departure of |! |troops according to the present Paragraph by trade |! |founded and with the signature of the Ministers of Relations |! | Foreign and National Defense. The basis of the request, which must be |! |sent to the Chamber of Deputies, |! |will include the following elements: a) the exhibition of the |! |mandate of the United Nations Organization or the |! |requirement made to Chile under the treaty |! |force of which is part; b) an explicitation of the |! |objectives pursued and the way in which the interest |! |national or the security of the Nation be seen |! |rate; c) the deadline by which the |! |request d) an exposure of the employment rules of |! |the force in the frame of the mandate or application; e) the |! |description of the troops to be (f) the |! |organization of the national contingent command and its |! |equipment and support material, and g) the estimate |! |global of the financial cost of national participation |! |in the operation, including donations in money or |! |species to be realized in the peace mission, and the |! |sources of its financing. In the case of combined forces for their employment in |! |peace operations, the departure of the national troops |! |will be subject to the suspension condition that the |! |third states with which you participate combinately |! |have authorized the exit of his own troops. No |! However, and in accordance with the willing mechanisms |! |in this law, the departure of troops may be authorized to |! |participate independently in the peace operation to |! |that the combined force would have been destined. The President of the Republic may, exceptionally, |! |and only in case of imminent danger to the life of the |! |personnel who make up the national troops in the |! |foreign deployed on a mission of peace, increase |! |for a period not exceeding thirty days the number of the |! |authorized contingent, in order to protect them or facilitate |! |their evacuation. The Senate will have to rule, in |! |compliance with the provisions of the provisions of the |! |article 53 of the Constitution of the Republic, |! |within the period of 48 hours since the President of |! |the Republic requests his pronouncement. Of this |! |request must be submitted copy information to the |! | Chamber of Deputies. If this departure of troops is prolonged more than |! |thirty days, it will be governed by the rules of the Title |! | II of this law. In any case, the President of the |! | Republic must send to the Senate and the Chamber of |! | Deputies, within 15 days of the completion of the operation |! |of protection or evacuation, a report on their |! |results. Article 10.-The Senate will analyze the request of the |! | President of the Republic and will have a deadline of thirty |! |days cumulated to pronounce, counted from the date |! |of receipt of the trade, understanding that it gives its |! |approval in the case of not to speak within that |! |term. The Senate agreement must be adopted by the |! |majority of its members present and will be able to accept or |! |reject the request of the President of the Republic in |! |the terms and conditions in which it was presented, without |! |introduce you amendments or conditions, but must |! |indicate whether it is granted for the entire duration of the |! |mission, for a specified period not exceeding four |! |years or by means of the system of carryovers to remain |! |of the troops abroad established in the |! |next item. During the period referred to |! |first, the President of the Republic may enter |! |modifications to the original agreement request, in |! |whose case the thirty day deadline will start a new |! |account from the last modification introduced |! |by the President of the Republic, without prejudice to the |! |obligation to submit, also, and jointly with the |! |submission to the Senate, full copy of such modifications to |! |the Chamber of Deputies. Article 11.-After the deadline of one year from |! |the original agreement, or every year thereafter, |! |the President of the Republic shall request the |! |agreement of the Senate to extend the stay of the |! |national troops in the in accordance with the provisions of Article 9 of this Law. The trades |! |founded containing the extension requests |! |must be submitted with at least thirty days of |! |prior to the due date of the term of a |! |year. Without prejudice to the above, for agreements |! |granted for the entire duration of the mission or for |! |a given period not exceeding four years, and |! |provided that at least one year has elapsed since the |! |original agreement, by trade signed by ten |! | Senators in office, the President of the |! | Senate may be asked to request the President of |! |the Republic to request the Senate a new agreement |! |to extend the permanence of the national troops |! |in abroad. Article 12.-The participation of national troops |! |in a peace operation of those referred to |! |article 7th, will only extend for up to four years |! |since its initial authorization. In cases qualified as |! |of great importance to the national interest or the |! |security of the Nation, you will be able to This deadline, |! |but the approval of its eventual extensions must |! |be done by the favorable vote of the majority of the |! |senators in exercise. Article 13.-During the period in which troops |! |nationals are outside the territory of the |! | Republic participating in peace operations, the |! | Ministries of Foreign and Defense Relations |! | National will send the Senate together and The Chamber |! |of Deputies, at least semi-annually, a report of |! |situation on the same. That report will describe the |! |conditions in which the mission is developed, and the |! |state of progress in meeting the goals of |! |the same and the activities performed by the troops |! |nationals. Once the participation of troops is completed |! |chilenas in a determined peace operation, the |! | President of the Republic must send within |! |sixty days a report to the Senate and the Chamber of |! | Deputies in which detail its results, the level of |! |achievement of the proposed objectives, the situation of the |! |personnel that was deployed, and the material costs and |! |financial effectively incurred. Article 14.-When the departure of national troops |! |the territory of the Republic to participate in |! |peace operations in the terms described in the |! |article 7 ° of this law, be done under the mode of |! |experts or observers, the authorization of the same is |! |it shall conform to the procedures of the article 5 °. " 10) Replace Article 7 °, which happens to be |! |article 19, by the following: " Article 19.-The supreme decrees and the |! |resolutions of the Minister of National Defense to be |! |refer to Articles 1 °, 2 ° and 4 ° shall be based on |! |a report The National Defense General Staff, the |! |that will consign the opinion of the institution of the |! |respective national defense. The reports of articles 9 °, 13, 15 and of the |! |letter c) of the previous article, will be prepared and |! |proposed to the Ministries of Foreign Affairs and |! |of National Defense by the Inter-Ministerial Commission of |! | Peace Operations that orders Article |! | 8th. ". 11) Intercalase, following Article 14, |! |new, the following heading:" ADDITIONAL PROVISIONS ". 12) Add the following Articles 15 and 16, |! |new: " Article 15.-The President of the Republic will be able to |! provide for the prompt or immediate departure of the territory of |! |the Republic of national troops not greater than one |! company or its equivalent, without |! |follow the procedures of Title II of this law, in |! |the following cases: a) When it comes to protect, rescue or evacuate |! |non-combatants or armed persons of nationality |! |Chilean a conflict zone |! |armed with imminent danger to their lives. The |! |application of the provisions in this paragraph will be made in |! |conformity with international law. b) When you have received the request of the Council of |! | Security of the United Nations Organization for |! |that its member states send urgently troops to |! |prevent serious damage to the civilian population in a zone of |! |armed conflict, and These troops are required to be |! |deploy immediately. The Senate shall decide, in accordance with |! |the provisions of Article 53 (10) of the |! | Political Constitution of the Republic, within the deadline |! |of 48 hours since the President of the Republic |! |request his pronouncement, request to be sent to the |! | Chamber of Deputies. If the presence of troops, according to this |! |article, it will last more than thirty days will pass to |! |be governed by the rules of Title II of this law. In |! |any case, the President of the Republic must send |! |to the Senate and the Chamber of Deputies, within 15 days |! |of the completion of some of the operations referred to in this |! |article, a report on its results. Article 16.-The President of the Republic may |! |leave without effect, at all times and by decree |! |supreme issued by the Ministry of |! | National Defense and signed, also, by the Minister of |! | Foreign Relations, authorizations granted for |! |the entry of foreign troops into the territory of the |! | Republic, as well as arrange the return of troops |! |nationals to it. Once the return of the troops has been decreed |! |nationals in any of its modalities, the troops |! |must return to the national territory at the brevity |! |possible and, in any case, within the period of one year. The |! |repatriation must be done in accordance with the |! |plans and return programs that have been established |! |in each case, ensuring the maximum security of the |! |deployed personnel and equipment, as well as providing |! (13) Intercalase the following article 18, new, a |! |continuation of article 17, which results from the |! |modification that introduces the letter a) of the number 7) of the |! |present Article 18.-Without prejudice to the provisions of Articles 13 and 17, the Ministries of Relations |! | Foreign and National Defense will report |! jointly to the Senate and the Chamber of Deputies, in |! |the month of March each year, regarding the following |! |matters: a) All entry of foreign troops into the territory |! |national and departure of national troops of the same during |! |the previous calendar year, except for the |! |antecedents to be informed as provided by |! |article 37 of Law No. 19,974, on the System of |! | State Intelligence and that creates the National Agency |! |of Intelligence. b) The entry of foreign troops into the territory |! |national and departure of national troops of the same |! |planned for the current year, and that they say relationship with |! |the execution of military exercises. c) The situation of the main operations of |! |peace that the United Nations Organization carries out |! |in the world, with particular emphasis on which |! |eventually they can affect Chile. " 14) Add the following article 20, new: " Article 20.-For the purposes of this law, it will be |! |consider all military personnel, armed or not, |! |and regardless of their number, organization or the |! |mode in which they do, that enter or leave the |! |national territory for the performance of |! |service acts. The concept of troop from the previous paragraph is |! |will also apply to the staff of the Order Forces and |! | Public Security leaving the national territory in |! |the terms described in this law. " Article 2.-Expenses that irrogate the entry of foreign troops into the national territory, in accordance with Title I, and the departure of national troops outside the territory of the Republic, in accordance with the provisions of Paragraph 1 of the Title II, they will be financed from the current budget of the respective institutions. Without prejudice to the provisions of the foregoing paragraph, the costs incurred by the departure of national troops from the territory of the Republic to participate in the peace operations referred to in paragraph 2 of Title II of this Law shall be financed. And because I have had the right to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. MICHELLE BACHELET, President of the Republic.-José Goni Carrasco, Minister of National Defense.-Edmundo Pérez Yoma, Minister of the Interior.-Alejandro Foxley Rioseco, Minister of Foreign Affairs.-Andres Velasco Branes, Minister of Finance. What is transcribed for his knowledge.-Gonzalo García Pino, Undersecretary of War.