On 18 March 2020, in the context of the current COVID-19 crisis, Customs issued Resolution 1179/20, which implemented transitory modes for the treatment of various customs procedures and the ways of presenting documents associated therewith to facilitate foreign trade transactions. Among these transitory measures is the authorisation of electronic exchanges of and amendments to bills of lading. The main implications of Resolution 1179/20 for ocean carriers are as follows:
- A copy of the exchange of an original bill of lading and amendments thereto can be sent to local customs agents electronically.
- Customs agents have 30 consecutive days to obtain the original bill of lading that was accepted as part of an import declaration.
On receipt, an original bill of lading must be kept in the customs agent's file (for further details please see "COVID-19 crisis and changes to cargo delivery procedures").
Customs subsequently issued three complementary resolutions, which can be summarised as follows:
- Circular 120/20 (26 March 2020) allows bills of ladings to be amended and their exchange to be notified through an email to a customs agent.
- Resolution 1377/20 (1 April 2020) allows bodies of state administration and people related thereto to make submissions before Customs through a general email provided by the latter.
- Resolution 1556/20 (17 April 2020) allows as follows:
- The 30-day period to obtain an original bill of lading must be counted as of the time when Resolution 1179/20 is lifted.
- Customs agents can prepare import declarations based on a non-negotiable copy of the bill of lading sent by the ship agency involved via email when the document is issued in Chile.
- The instructions contained in the resolution must be understood as facilitation measures that may be accepted by the interested parties without subsequent liability for Customs.
- As regards the application of the legal presumption of cargo abandonment set out under the Customs Ordinance, non-compliance with the applicable deadlines is allowed due to force majeure. Surcharges over goods already under an abandonment presumption may be exempted or lowered by Customs (discretionary faculty).
The above measures seek to facilitate foreign trade operations, prevent the displacement of related people and personnel involved in these operations and establish procedures that can be carried out electronically.
However, grey areas remain regarding their interpretation and practical implementation, particularly in connection with the potential delivery of cargo without surrender of the original bill of lading. In this respect, ocean carriers should proceed carefully and liaise with their Chilean port agents to define interim protocols. They should also consider requesting letters of indemnity or similar guarantees from their shippers or consignees, as the case may be.
