banco del estado de chile
below you can find the local branches for banco del estado de chile in chile .
banco del estado de chile and bnp paribas investment partners announce the launch of an asset ...
entity: banco del estado de chile (bancoestado) or its successor, its subsidiaries and affiliates .
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bancoestado subsidiaries and affiliates: bancoestado centro de servicios s. a. bancoestado contacto 24 horas s. a. bancoestado corredores de seguros s. a. bancoestado s. a. administradora general de fondos bancoestado s. a. corredores de bolsa bancoestado servicios de cobranzas s. a. sociedad de servicios transaccionales cajavecina s. a. bancoestado microempresas s. a. asesorías financieras
entity: empresa de transporte de pasajeros metro s. a. (metro) or its successor, its subsidiaries and affiliates .
entity: televisión nacional de chile (tvn) or its successor, its subsidiaries and affiliates .
chile' s programa de credito con aval del estado (cae in its spanish acronym) is uniquely positioned to help hundreds of thousands of qualified - but - financially - needy chileans attend and finish tertiary education. the cae program was designed to improve... exibir mais +
chile' s state - guaranteed student loan program (cae): programa de cred ...
entity: empresa nacional del petróleo (enap) or its successor, its subsidiaries and affiliates .
entity: corporación nacional del cobre (codelco) or its successor, its subsidiaries and affiliates .
entity: empresa nacional de minería (enami) or its successor, its subsidiaries and affiliates .
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chile has 33 state - owned enterprises (soes). all of them are commercial companies. the most relevant of them are the national copper company (codelco); the national hydrocarbons company (enap); the national postal system (correos de chile); the public tv station (tvn); and the state - owned bank (banco estado). 30 of 33 chilean soes are non - listed in the stock exchange and fully owned by the government. the remaining three are majority owned. 10 chilean soes operate in the port management sector; eight in the services sector, three in the defense sector, three in communications (including), two in the water sector, two in transportation and four in the mining sector. the state also holds a minority stake in four water companies as a result of a privatization process. total assets of soes, excluding banco estado, amounted to usd 44. 9 billion in 2014. total assets of soes, including banco estado, amounted to usd 61. 9 billion in 2014. soes employed 49, 229 people in 2014 .
the chilean banking system is sound, competitive, and meets basel standards. there are currently 24 banks operating in chile, and 4 are foreign - owned representational branches. only one bank is completely owned by chilean private shareholders (bci). the rest have some level of incorporation with foreign institutions. there are also seven local savings and loan corporations, and one state - owned bank, banco estado, which is the nation’s third largest. private banks manage most corporate business .
chile has an investment chapter in the fta in force between chile and the u. s. since january 1, 2004 .
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fdi to chile in 2015 represented 8. 5 percent of chile’s gdp. total fdi stock from the u. s. stood at usd 27. 6 billion in chile at the end of 2014 (most recent information available) .
most soes in chile fall under the supervision of the public enterprises system (sep), which is the main ownership entity of the government responsible for overseeing soe governance, as well as exercising minority rights in four water companies. still, sep exercises this role for only 22 of the country’s 33 soes. two of chile’s most important soes fall outside of sep jurisdiction—codelco, the world’s largest copper producer, and enap, an oil exploration company. the 11 exceptions have their own supervisory structures but are still responsible to a separate government agency: codelco, enap and enami to the ministry of energy and mining, tvn to the ministry of the secretary - general of government, corfo and banco del estado to the ministry of treasury, and the three defense soes to the ministry of defense. all 33 soes are accountable to congress, the president and the general comptroller office. in accordance with oecd guideline 5c, all soes (whether under seps authority or not) are subject to an external independent audit with resulting information made publicly available. each soe under sep must have an internal audit committee, as recommended in oecd guideline 5b. chile’s public enterprises system website is the following :
chile' s capital markets are well - developed and open to foreign portfolio investors .
there is general awareness of corporate social responsibility among both producers and consumers in chile .
chile has signed and ratified the organization of american states (oas) convention against corruption. chile is also an active member of the open government partnership (ogp) .
chile has signed and ratified both the un anticorruption convention and oecd convention on combatting bribery .
other treaties trough which chile grants bilateral or plurilateral investment protection include the laia treaty, the additional protocol of the pacific alliance and the brazil - chile cooperation and facilitation investment agreement .
real and intellectual property (ip) rights are generally respected, but chile is not fully compliant with the obligations concerning ip set forth in the u. s. - chile fta .
non - resident companies that invest in chile, irrespective of the form taken by the investment .
secured interests in property, both movable and real, are recognized and generally enforced in chile. chile ranked 56 out of 189 economies in the world bank’s 2015 doing business report for property registration .
chile is not a party to the government procurement agreement. it has only observer status under the agreement .
the chilean government enforces domestic labor, employment, consumer and environmental protection laws. there has been no dispute settlement cases against chile related to the labor and environment chapters of the free trade agreements signed by chile .
apart from the u. s. - chile treaty, chile has other seven double taxation treaties or conventions pending ratification with: argentina, china, czech republic, italy, japan, south africa and uruguay .
chile has 41 bilateral investment agreements in force, and 24 other investment agreements in force, including the investment chapters of the fta with the u. s. and other ftas signed by chile, the latin american integration treaty and the protocol of the pacific alliance. additionally, chile is a party to the convention of the world bank' s multilateral investment guarantee agency (miga). a u. s. - chile bilateral treaty to avoid double taxation has been ratified by chile, and is currently awaiting ratification in the u. s. senate .
individuals or legal entities not resident or domiciled in chile that plan to participate in companies as partners or shareholders .
no high - profile, controversial instances of corporate impact on human rights have occurred in chile in recent years .
persons not resident or domiciled in chile that open agencies or branches in the country or undertake activities through a permanent establishment .
the chilean state has never faced a dispute case from a foreign investor under chile’s dispute settlement systems in free trade agreements .
chile is a member of the international working group of sovereign wealth funds (iwg) and adheres to the santiago principles .
a bilateral investment agreement between chile and the united states, through the overseas private investment corporation (opic), took effect in 1984. chile is a party to the convention of the world bank' s multilateral investment guarantee agency (miga) .
since 1991, chile has been a member state to the international centre for the settlement of investment disputes (icsid convention). in 1975 chile became a signatory to the convention on the recognition and enforcement of foreign arbitral awards (1958 new york convention) .
chile is a coastal country located in the southwest region of south america. chile is an attractive destination for investors, boasting an open market economy, well - developed institutions that support financial growth and strong rule of law. the country has a positive disposition toward foreign direct investment (fdi), viewing it as key to sustaining chile’s impressive economic trajectory over the last three decades. its laws and regulations encourage investment by foreigners and very few restrictions upon fdi exist. chile’s conversion and transfer policies are similar to those found in highly - developed countries like the u. s. the government does not apply performance requirements in reviewing proposed investment projects. chile' s capital markets are well - developed and open to foreign portfolio investors, and the regulatory system in chile is generally transparent .
chile is an oecd member, but is not participating actively in the implementation of the oecd due diligence guidance for responsible supply chains of minerals from conflict - afflicted and high - risk areas. chile is not part of the extractive industries transparency initiative (eiti) .
other investment incentives have been introduced through the “chile competes plan. ” the plan includes an exemption from the income tax normally paid by institutional investors, such as mutual funds and pension funds, on earnings from the transfer of corporate stock that is publicly traded, or bonds or other publicly offered securities representing debt issued by the central bank of chile, the chilean government, or by companies incorporated in chile .
the government of chile has conducted an investment policy review in the context of the trade policy review published by the wto on june 2015. the oecd has not conducted an investment policy review for chile since 1997, and the country has not been covered by unctad´s investment policy reviews .
chile is classified as a country “of concern” in the bureau of international narcotics and law enforcement’s 2015 international narcotics control strategy report (incsr) .
chile and the united states have signed in 2010 the u. s. - chile treaty to avoid double taxation. the chilean congress ratified the treaty in september 2015. in may 2012, president obama submitted the treaty to the u. s. senate for ratification, which is pending .
chile does not have investment incentives that may lead waivers or derogations from labor laws in special economic zones (also see section 15 - labor) .
chile' s programa de credito con aval del estado (cae in its spanish acronym) is uniquely positioned to help hundreds of thousands of qualified - but - financially - needy chileans attend and finish tertiary education. the cae program was designed to improve access to and equity in tertiary education. in 2010, after only four years of operation, the program had 216, 000 active borrowers or 23 percent of the 940, 000 students in pre - grado. even as the annual number of new beneficiaries levels off, the portfolio will increase for the next several years until reaching a steady state with approximately 460, 000 active borrowers by 2016. this report is part of the 2010 joint studies program between the government of chile and the world bank. the purpose of the study is three - fold. first, to evaluate the impact of this program on access to and equity in higher education, taking into account the effectiveness of targeting qualified but financially needy students and its complementarities with other major student aid mechanisms. second, to understand the size of the economic commitment the chilean government has made with this program, both in terms of its investment to date and its contingent liabilities. third, to formulate recommendations for improvements going forward. the first chapter summarizes cae' s legal framework and institutional arrangement, explains how the cae system functions, and describes the main characteristics of the loan product. the second chapter presents a brief overview of cae' s structural cost according to current program design and briefly describes the model used to calculate cae' s actual cost. the results of the latter are then included throughout the rest of the report as appropriate. the remaining parts of the chapter focus on cae' s stakeholder' s students, tertiary education institutions, financial entities, and the government of chile and explore and analyze the impact the cae program has had on them. the third and final focuses on recommendations for improving cae: increasing loan repayment rates, lowering capital costs of loan origination, and increasing the coordination of cae with other student aid programs. the end of the chapter then shows what the financial impact of these recommendations might be for the government of chile. exibir menos -
according to the imf’s coordinated direct investment survey (cdis), u. s. fdi stock position in chile in 2014 amounted to usd 33. 2 billion. the united states, the netherlands, spain and canada accounted for 42% of chile’s inward fdi stock. the fifth largest source of fdi is bermuda, a tax haven, which suggests that the ultimate source of 5. 4% of chile’s inward fdi represented by bermuda might be elsewhere. chile’s outward direct investment stock in 2014 was concentrated in south america, where brazil, peru, colombia and argentina together represent 38% of total chilean outward direct investment position .
the legal system of chile is based on civil law. the basis for its public law is the 1980 constitution which was most recently reformed in 2005. chile’s legal and regulatory framework provides for effective means for enforcing property and contractual rights. laws governing issues of interest to foreign investors are found in several statutes, including the commercial code of 1868, the civil code, the labor code and the general banking act. chile has specialized courts for dealing with tax and labor issues .
for over three decades, chile has made fdi an essential part of its national development strategy. chile' s sound, market - oriented policies have created significant opportunities for foreign investors to participate in the country' s steady economic growth. chile' s business climate is generally straightforward and transparent. foreign investors receive treatment similar to chilean nationals and there are no overall economic strategies or policies that have discriminatory effects on foreign investors or foreign - owned investments. a broad political consensus on the advantages of foreign investment has meant that, despite having recently reformed its regulatory framework, the general orientation of chile' s policies toward fdi has been maintained .
mediation and binding arbitration exist in chile as alternative dispute resolution mechanisms. a suit may also be brought in court under expedited procedures involving the abrogation of constitutional rights .
ratification of the trans - pacific partnership (tpp) would also improve the overall ipr protection in chile, including a reiteration of the obligation to implement upov 91 .
the oecd “regulatory policy in chile” report issued in april 2016 finds that chile has taken steps to improve its rule - making process, but still lags behind the oecd average in assessing the impact of regulations, consulting with outside parties on their design and evaluating them over time. the report criticizes that most regulators in chile prepare new norms without clear evidence that regulation is the best way to intervene. one of the main findings is chile’s lack of a regulatory oversight body, and the oecd report recommends the creation of one to oversee the rule - making process currently managed by different government departments. it also recommends that chile develop mandatory standards and guidelines for the preparation of laws and regulations, including compulsory consultation practices and forward planning. regulatory management tools such as regulatory impact assessments and ex - post evaluations are also recommended .
legal disputes can take several years to reach conclusion in the courts, making arbitration and mediation attractive alternatives for resolving business controversies. chile is a signatory to the 1958 new york arbitration convention and a member state to the international centre for settlement of investment disputes (icsid); disputes under the u. s. - chile bilateral free trade agreement (fta) are resolved under the latter framework. chile is compliant with its world trade organization agreement on trade - related investment measures (wto / trims) obligations .
chile has made progress in recent years, including in 2015, to reduce processing times for patents, to increase ip enforcement actions, and reduce the rate of unlicensed software use .
chile’s corporate criminal liability law explicitly provides credit for corporate compliance programs by which corporations are obliged to prevent specific crimes like bribery. the corporate criminal liability law provides that corporate entities can have their compliance programs certified. chile’s securities and insurance superintendence (svs) authorizes a group of local firms to review companies’ compliance programs and certify them as sufficient. certifying firms are listed on the svs website. additionally, chile transparente (chilean branch of transparency international) developed a corruption prevention system to provide assistance to private firms to facilitate their compliance with the corporate criminal liability law .
chile is not listed in the ustr’s notorious markets list, neither as home to a physical market for counterfeit and pirated products, nor as a base for online sites that facilitate ipr infringement .
the government of chile recognizes the diversity of definitions for responsible business conduct, indicating the united nations’ río + 20 conference statements as its principal reference. the council on social responsibility for sustainable development, coordinated by chile’s ministry of economy, developed an action plan for 2015 - 2018 with 17 new measures to help bolster rbc, and is currently developing a national policy on social responsibility .
corruption exists in chile but on a much smaller scale than is the case with most latin american countries. chile has a favorable ranking of 23 out of 167 countries on transparency international’s 2015 corruption perceptions index. a presidential committee against corruption and conflicts of interest created in 2015 issued a report recommending an anticorruption agenda composed of 236 new measures, laws and regulations, of which nearly half has already materialized .
law no. 19, 912 gives customs officials ex officio authority to detain goods entering chile, but only for five days; after that, a formal seizure order is required to retain the goods .
unemployment in chile stood at 6. 2 percent on average during 2015. the labor participation rate was 60 percent as of december 2015, when immigrants accounted for 4. 2% of the labor force. chilean workers are adequately skilled and some sectors such as mining, agriculture and fishing employ highly skilled workers. there is an adequate availability of technicians and professionals. data on informality is not available for chile at the ilo databases, but different estimations made by academics situate informal employment in chile, depending on the specific data and methodology utilized, between 10% and 20% of the non - agricultural workforce .
chile does not maintain any measures which it has notified the world trade organization are inconsistent with its trade investment measures (trims) requirements, and does not maintain measures alleged to violate the country’s trims obligations .
an estimated figure for seizures of counterfeit goods in chile coming from reports made by the national customs service, indicates that 2, 200, 000 pirated items were seized during the first 11 months of 2015 .
resolving insolvency has been made easier by a new legal and institutional framework, and as a result chile has moved up 14 places from 2014 to 2015 in world bank’s doing business report’s ranking for this particular area .
under the u. s. - chile fta, u. s. insurance firms have full rights to establish subsidiaries or joint ventures for all insurance sectors, with limited exceptions. a program was undertaken to phase in insurance branching rights and to modify chile’s legislation to open cross - border supply of key insurance sectors such as marine, aviation, and transport insurance, and insurance brokerage of reinsurance. u. s. banks and securities firms are allowed to establish branches and subsidiaries and may invest in local firms without restriction, except under very limited circumstances. u. s. financial institutions are also able to offer financial services to citizens participating in chile' s privatized voluntary saving plans, and they have gained increased market access to chile' s mandatory social security system. u. s. - based firms are allowed to offer services in chile in areas such as financial information, data processing, and financial advisory services, with limited exceptions. under the measures outlined in “capital market reform iii, ” chilean mutual funds are permitted to use foreign - based portfolio managers .
political violence is rare and unlikely to affect foreign investors, but there is one region in the south of chile where violence episodes linked to land disputes between indigenous groups and farmers and forestry businesses are becoming more frequent .
non - resident individuals in chile as company representatives, tourists and international officials and their accompanying family members and other non - residents if they invest in the country through, for example, the acquisition of real estate .
national arbitration law in chile includes the civil procedure code (law num. 1552, modified by law num. 20. 217 of 2007), and the law num. 19. 971 on international commercial arbitration .
in general terms there is no distinction regarding foreign ownership in the availability of subsidies for research and development. under chile’s r & d law, there is a tax incentive for private investment on research and development, designed for “chilean entities”, which means that they have to pay corporate income tax in chile and use standard accounting systems. however, these beneficiaries can be chilean branches of foreign companies, or chilean firms owned by foreign capitals .
for an individual or legal entity wishing to undertake an economic activity in chile, the first step is to obtain a tax identification number or rut (its spanish acronym) from the internal tax service (sii). applications can be submitted at any of the sii’s offices around the country (see www. sii. cl). a rut, which must be held by all taxpayers in chile, is required for foreign investors in the following cases :
chile’s regulation ensures that capital markets are well developed and open to both foreign portfolio investment and fdi. in may 2000, chile eliminated the one - year withholding period requirement for foreign capital entering the country under chapter xiv. this type of investment capital may now be repatriated immediately without penalty. also in 2000, chile ceased to implement capital controls on short - term inflows, known as “encaje, ” which required foreign investors to deposit 30 percent of foreign - sourced loans and portfolio investment with the central bank in a non - interest - bearing account for up two years. however, the central bank reserves the right to re - impose this mechanism if needed in the future .
according to unctad’s database urltoken, chile has other investment treaties with 29 countries, of which 24 are in force. apart from u. s. - chile fta, chile’s other ftas with investment chapters are the agreements signed (in chronological order) with: venezuela, bolivia, colombia (1993 agreement), mercosur, canada, mexico, the central american common market, the european union, the european free trade association, india, the p - 4 parties (brunei darussalam, new zealand and singapore), china, panama, peru, colombia (2006 agreement), japan, ecuador, australia, turkey, malaysia, viet nam, hong kong, and thailand .
article 17. 6. 1 (a) (non - commercial assistance), with respect to the production and sale of a good in competition with a like good produced and sold by a covered investment in the territory of chile .
independent ngos in chile promote and monitor freely rbc. examples include ngo acción rse: urltoken, and the catholic university of valparaiso’s center for social responsibility and sustainable development (vincular), prohumana foundation and the andrés bello university’s center vitrina ambiental .
there is growing awareness of the importance of responsible business conduct (rbc) in chile. the government has recognized a number of ‘soft law’ instruments related to rbc and developed national action plans related to business social responsibility, sustainable development and human rights .
with respect to article 17. 6. 1 (a) (non - commercial assistance), the entity may receive non - commercial assistance with respect to the production and sale of mineral resources or by - products in the territory of chile .
at nyu molly is focusing on human rights and development, taking such classes as law and development, transitional justice and the international organizations clinic. furthermore, molly worked as a research assistant for grainne de burca, investigating the role that civil society has played in the implementation of the united national convention on the rights of persons with disabilities and completed two term time internships working both for the institute for justice and democracy in haiti and the international centre for transitional justice. molly is particularly interested in the relationship between economic policies, human rights and development. she co - authored a report on the influence of the international monetary fund on the social protection policies of countries with whom the imf work and assisted with a research project, for the centre for economic and social rights, on the meaning of ‘maximum available resources’ .
the government encourages foreign and local enterprises to follow generally accepted rbc principles. chile adhered in 1997 to the oecd guidelines for multinational enterprises, and has recognized four other “soft law” instruments related to rbc: the ilo tripartite declaration of principles concerning multinational enterprises and social policy; the united nations guiding principles on business and human rights; un global compact’s ten principles; and the iso 26000 guidance on social responsibility. chile is in the process of developing a national action plan on business and human rights based on the guiding principles .
the extent of corruption in chile is relatively limited: chile ranked 23rd out of 167 countries in transparency international’s 2015 corruption perceptions index (with 70 out of 100 maximum score), two places below uruguay and above all other countries from latin america. however, a series of corruption scandals related to tax fraud and campaign financing during 2015, which involved major firms and politicians across the spectrum, has caused concern. investigation and prosecution of these cases remains ongoing, and criminal and civil charges against those implicated have been pursued .
fdi is subject to pro forma screening by chile' s apie. businesses in general do not consider that such screening mechanisms constitute a barrier to investment, because approval procedures are expeditious and, with the exception of a few sensitive sectors, all investments are approved .
neither chile' s foreign investment promotion agency nor the central bank applies performance requirements in its review of proposed investment projects. the investment chapter in the u. s. –chile fta establishes rules prohibiting performance requirements that apply to all investments, whether by a third party or domestic investors. the fta investment chapter also regulates the use of mandatory performance requirements as a condition for receiving incentives and spells out certain exceptions. these include government procurement, qualifications for export and foreign aid programs, and non - discriminatory health, safety, and environmental requirements .
under the u. s. - chile fta' s investment chapter, there have not been any claims that reached beyond the initial consultations stage. no cases where the claimant is from the u. s. and the respondent is chilean are recorded in the icsid website .
francisco de abreu duarte obtained his bachelor of laws degree from university of lisbon in 2015, where he graduated summa cum laude as the top student of his class. during his time as a student, francisco actively participated in several research projects as an assistant researcher of the lisbon centre for research in public law (cidp - ul) on projects related to global administrative law, international law and eu law, and participated in several moot courts such as the jean - pictet moot court competition on international humanitarian law (2015) and the philip c. jessup international law moot court competition (2014). after his graduation, he began his academic career publishing papers on international affairs related to responsibility to protect, global rule of law and the principle of autonomy of the european union, and served as a coach of the portuguese teams to the jessup cup in 2015 and 2016 .
with some exceptions, chile has a relatively strong intellectual property regime, as a result of successive amendments to its legal structure. according to the world intellectual property organization (wipo) country profile study, chile has modified its ip law several times during the past two decades, strengthening ip protection significantly by adapting the national legislation to the standards set forth in the trips agreement and several free trade agreements signed by the country. the last amendment to chile’s ip law entered into force in february, 2012, and incorporated certain provisions agreed by chile through the signature of the trademark law treaty (tlt) and the patent cooperation treaty (pct). according to the u. s. chamber of commerce’s international ip index, chilean legislation provides for fair and transparent use of compulsory licensing; legal measures provide necessary exclusive rights to copyright holders and voluntary notification system; and there are civil and procedural remedies in legislation. however, pharmaceutical and agrochemical products suffer from relatively weak patenting procedures, the absence of an effective patent enforcement and resolution mechanism, and some gaps in regulation governing data protection. the framework to promote action against online piracy, as well as trade secret protection, is considered insufficient. furthermore, despite obligations in the bilateral fta, chile still has not passed legislation to outlaw the theft of encrypted program - carrying satellite signals, which is a serious problem in the country .
chile has been included on the special 301 priority watch list (pwl) since january 8, 2007, and remains on the 2016 priority watch list. the main challenges are related to concerns regarding longstanding ipr issues under the u. s. - chile free trade agreement and addressed by the recently finalized negotiations of tpp: the implementation of protections measures against circumvention of technological protection measures and protections for encrypted program - carrying satellite signals; remedies for rights holders and satellite and cable service providers, including measures related to decoder boxes; pending implementation of upov 91; the implementation of an effective system for addressing patent issues expeditiously in connection with applications to market pharmaceutical products; adequate protection for undisclosed data generated to obtain marketing approval for pharmaceutical products; and amendments to chile’s internet service provider liability regime to permit effective action against internet piracy .
in january 2011, the ministry of economy, through corfo, established a usd 40 million program, known as “startup chile, ” whereby selected entrepreneurs receive a usd 40, 000 grant and a chilean work visa to develop a “start up” business in chile. upon admittance into the program, an entrepreneur is given six months to develop a project and then promote it through a series of pitches and seminars at local universities, corporate meetings and other community outreach. on january 2015, the program launched the call for its 12th generation, with 100 new vacants .
rights to the broad range of private ownership and establishment are observed in chile. mineral, hydrocarbon, and fossil fuel deposits within chilean territory are restricted from foreign ownership, but may be licensed by the government to private enterprise. in practice, the government does not expropriate assets or holdings .
chile’s legal framework for attracting and protecting foreign direct investment (fdi) is solid. a new institution in charge of attracting foreign investment, the foreign investment promotion agency (apie), was created to replace the foreign investment committee (ciechile), the former fdi authority. chile’s 2014 tax reform derogated a law that created tax invariability schemes for foreign investors, as well as a tax benefit for mergers through acquisitions. however, virtually all the rest of previous guarantees for fdi remained in place, and these changes have been implemented with transition periods and respect for previously concluded investment contracts .
the legislation process in chile allows for public hearings during discussion of draft bills in both chambers of congress. draft bills submitted by the executive branch to the congress are readily available for public comment. this has also been the case for the legislation that replaced the decree law 600 regulating foreign investment .
in 2015, chile approved law n° 20. 848, in force since january 1, 2016, which establishes a new institutional framework for foreign investment. its stated aim is to transition from a “passive fdi reception policy” to an “active fdi attraction policy. ” law n° 20. 848 derogates and replaces law decree 600 (dl 600), which had been the main regulatory norm for fdi in chile for the last 40 years and under which foreign investors could sign contracts with the government of chile (goc) establishing investment terms. law n° 20. 848 creates the obligation for the president to decide on a log - term fdi attraction strategy, with the advice from a ministers committee. the foreign investment promotion agency (apie), created by the new law as the legal successor of the foreign investment committee (ciechile), will implement the national fdi in coordination with provincial authorities .
in the specific index for quality of land administration (which includes reliability of infrastructure, transparency of information, geographic coverage and land dispute resolution), chile obtains a score of 15 out of 30. there are no restrictions to foreign and / or non - resident investors regarding land lease or acquisition .
since 2013, opic has partnered with u. s. solar energy developers to finance five large - scale power facilities throughout the atacama desert in northern chile. other opic - financed projects in the country include the run - of - river hydropower project alto maipo, and the toll road vespucio norte express .
there are no limits on foreign ownership or control of firms in chile; foreigners can hold up to 100% of an enterprise’s ownership. there are no time limits for the property rights acquired by foreigners to remain in force. there are no restrictions on foreign ownership of buildings and land, with the only, national security - related, exception of land located in border territories, which may not be owned by nationals of border countries, or by juridical persons which have their head office in such country or are owned 20 percent by nationals of such country, or controlled by them, unless prior authorization of the president of chile .
arbitration and mediation are attractive alternative dispute mechanism for resolving business controversies because litigation can take several years to reach a conclusion. rule of law and governance are strong within chile. generally, judgments and arbitral awards, including international judgments and awards, are recognized and enforced in chile without issues. however, chilean courts apply the rules of the international commercial arbitration act, which means that the supreme court may refuse to recognize an arbitral award issued abroad if the award has not yet become binding on the parties, or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made .
in general, private enterprise is allowed to compete with public enterprise under the same terms and conditions (e. g. , there are many private copper mines and private banks). however, there are specific areas where this does not hold and soes enjoy special advantages. for example, enap is the only refining company in chile .
chile has 26 double taxation treaties in force with: australia, austria, belgium, brazil, canada, colombia, croatia, denmark, ecuador, france, ireland, malaysia, mexico, new zealand, norway, paraguay, peru, poland, portugal, russia, south korea, spain, sweden, switzerland, thailand and the united kingdom .
chile has and generally enforces laws and regulations in accordance to the internationally recognized labor rights of: freedom of association and collective bargaining; the elimination of forced labor; child labor, including the minimum age for work; discrimination in respect to employment and occupation; and acceptable conditions of work related to minimum wage, occupational safety and health, and hours of work. the maximum number of labor hours allowed per week in chile is 45. the national minimum wage is nearly usd 350 a month for all occupations, including domestic servants, more than twice the official poverty line. there are no gaps in compliance with international labor standards that may pose a reputational risk to investors. see more at: urltoken
as an oecd member, chile adheres to the oecd guidelines on corporate governance for soes. according to the world bank' s 2014 publication “corporate governance of state - owned enterprises in latin america: current trends and country cases”, chile has made significant progress in the harmonization of standards across soes in the areas of information disclosure, accounting provisions, and auditing. each soe submits an annual report and has the obligation to publish quarterly management reports. all soes are required to have internal auditors and are subject to an annual external audit by independent auditing firms. all soes are headed by a board of directors and there is a clear definition and division of the roles played by the soe board and the ceo .
with respect to article 17. 6. 1 (a) (non - commercial assistance), the entity may receive non - commercial assistance with respect to the production and sale of energy products, such as hydrocarbon products or electric power from any source of generation, for the purpose of ensuring adequate power supply in remote or underserved areas of chile .
some private sector representatives think that chile does not, in fact, have an open public consultation process on draft bills before they are submitted to congress, and any change to them once already in congress is more difficult. some open comment periods for new draft bills have reportedly taken place without real access to the text and did not sufficiently allow for a technical debate .
in 2014, the ministry of environment published a handbook for sustainable public procurement. chilecompra, the agency in charge of centralizing chile’s public procurement, which amounts to 3. 5% of gdp incorporates, as part of its criteria for assignment of public purchases, the existence of a clean production certificate and an iso 14001 - 2004 certificate on environmental management, among others .
scope of non - conforming activities: with respect to article 17. 4. 1 (a) (non - discriminatory and commercial considerations) and article 17. 4. 1 (b), the entity may accord preferential treatment to enterprises in the territory of chile in up to 10 per cent of the total value of its annual purchases of goods and services .
scope of non - conforming activities: with respect to article 17. 4. 1 (a) (non - discriminatory treatment and commercial considerations) and article 17. 4. 1 (b), the entity may accord preferential treatment to enterprises in the territory of chile in up to 10 per cent of the total value of its annual purchases of goods and services .
foreign investors are not required to seek a ruling before investing on the potential competition implications of a planned investment. chile’s anti - trust law, the chilean free competition act (1973), prohibits mergers or acquisitions that would prevent free competition in the industry at issue. an investor may voluntarily seek a ruling by an antitrust court that a planned investment would not have antitrust implications .
the judicial system in chile is generally transparent and independent. the likelihood of government intervention in court cases is low. if a state - dependent firm is involved in the dispute, the goc may become directly involved through the state defense council. in cases where courts determine a firm is bankrupt, a receiver is named to distribute the debtor' s remaining assets to the creditors .
with respect to article 17. 4. 1 (a) (non - discriminatory treatment and commercial considerations), and article 17. 4. 1 (c) (i), the entity may accord preferential treatment in its sales of energy products, such as hydrocarbon products or electric power from any source of generation, to consumers in remote or underserved areas of chile .
scope of non - conforming activities: with respect to article 17. 4. 1 (a) (non - discriminatory treatment and commercial considerations) and article 17. 4. 1 (b), the entity may accord preferential treatment in its purchases of energy products, such as hydrocarbons or electric power from any source of generation, for resale in remote or underserved areas of chile .
chile has a free floating (flexible) exchange rate system. exchange rates of foreign currencies are fully determined by the market. the central bank reserves the right to intervene under exceptional circumstances to correct significant deviations of the currency from its fundamentals, so the chilean system is sometimes called “dirty float. ” in practice, however, this right to intervene is used sparingly (if at all) .
according to the world bank’s doing business report, this new insolvency framework has resulted on chile making significant progress in making resolving insolvency easier. the country had the worst rating relative to the rest of the world in this area of the report and, as a consequence, it was where the bigger change in ranking was achieved (from 72 nd place in 2014 to 58 th place in 2015) .
chile does not subsidize foreign investment. there are, however, some incentives linked to isolated geographical zones and to the information technology sector. these benefits relate to co - financing of feasibility studies as well as incentives for the purchase of land in industrial zones, the hiring of local labor, and the facilitation of project financing. other important incentives include accelerated depreciation accounting for tax purposes and legal guarantees for remitting profits and capital .
in 2011, chile made business start - up easier by introducing an online system for registration and for filing the request for publication and, in 2014, it created a new online system for business registration. since 2012, an immediate temporary operating license is provided to new companies, eliminating the requirement for an inspection of premises by the tax authority before new companies can begin operations and allowing free online publication of the notice of a company’s creation .
during 2014, 214 legal strikes took place in sectors where collective bargaining is permitted (nearly two times the number of strikes in 2005), and 41, 939 workers were involved in total (nearly four times the number of workers participating in 2005). strikes have been concentrated in the manufacture industry and commercial, education and transportation service sectors. as legal strikes in chile have a restricted scope and duration, they have not supposed a risk for foreign investment .
remittances of profits generated by investments can be made any time after tax obligations are fulfilled; remittances of the capital can be made after one year since the date of entry into the country. in practice, this one - year permanency requirement for capital has not constituted a restriction for productive investment, because normally projects need more than one year to mature. under the investment chapter of the u. s. –chile fta, the parties must allow transfers of covered investments to be made freely and without delay into and out of its territory. these include transfers of profits, royalties, sales proceeds, and other remittances related to the investment. however, for certain types of short - term capital flows, this chapter allows chile to impose transfer restrictions for up to 12 months as long as those restrictions do not substantially impede transfers. if restrictions are found to impede transfers substantially, damages accrue from the date of the initiation of the measure .
chile has negotiated numerous bilateral investment treaties (bits). according to icsid, chile had signed 55 bits, of which 41 are in force to date. there are agreements in force with argentina, australia, austria, belgium and luxembourg, bolivia, china, costa rica, croatia, cuba, czech republic, denmark, ecuador, el salvador, finland, france, germany, greece, guatemala, honduras, iceland, italy, malaysia, nicaragua, norway, panama, paraguay, peru, philippines, poland (2 treaties), portugal, romania, south korea, spain, sweden, switzerland (1999 treaty), ukraine, the united kingdom, uruguay (2 treaties), and venezuela. bits signed but not in force include those with brazil, colombia, dominican republic, egypt, hungary, indonesia, lebanon, netherlands, new zealand, south africa, switzerland (1991 treaty), tunisia, turkey and vietnam .
since 1958, chile has been party to the convention on the recognition and enforcement of foreign arbitral awards (new york convention). it is also party to (i) the pan - american convention on private international law (bustamante code) since 1934; (ii) the inter - american convention on international commercial arbitration (panama convention) since 1976; and (iii) the washington convention on the settlement of investment disputes between states and nationals of other states since 1992 .
some employers view chile’s labor laws as cumbersome. the government submitted a labor reform bill in 2015 that has been approved by both chambers of the chilean congress, but as of the publication date of this report the government was still determining how to move forward after a ruling by the country’s constitutional court invalidated a portion of the law. the reform will extend collective bargaining to more employees, limit replacement or workers during strikes, and strengthen the negotiating position of unions in the collective bargaining process .
individuals and legal entities not resident or domiciled in chile who invest there in order to obtain income by buying and selling shares in listed corporations, fixed - income instruments, instruments of financial intermediation and quotas in mutual funds or through certain contracts can use a simplified mechanism for obtaining a rut through institutions that act as custodians. if a custodian is not used, investors may obtain a rut through their stockbrokers. more information on the next steps to start a business can be found here: urltoken
limited expropriations in chile have occurred typically as a consequence of infrastructure and urban projects. article 19. 24 of the constitution establishes that expropriations can take place only under a general or special law authorizing expropriation for public purpose or national interest reason. courts can hear on claims by those affected by expropriations, who have the right to cash compensation for their loss, either upon agreement with the state or by decision from the courts. law decree. nº 2186 of 1978 regulates the compensation procedures.
banco del estado de chile ( in english : bank of the state of chile ) , commercially operating under the brand bancoestado , is the only public bank in chile and was created by government decree in 1953 . it provides financial services to consumers and companies , with a focus on national coverage in terms of geography and social sectors and a particular emphasis on the unbanked and small and medium enterprises , although it serves all types of businesses . it is the country 's largest mortgage lender and largest issuer of debit cards . in addition , bancoestado performs all of the chilean government 's financial activities through a single account managed by the general treasury of the republic of chile . the bank was created by decree no. 126 of 1953 , which merged the national savings bank ( caja nacional de ahorros ) , mortgage credit savings bank ( caja de crédito hipotecario ) , agrarian credit savings bank ( caja de crédito agrario ) and industrial credit institution ( instituto de crédito industrial ) into a single institution . by the end of 2009 , bancoestado was the third-largest bank in chile , covering all areas of the country via branches or delegate banking contact points called cajavecina ( spanish trade name roughly translatable as ' neighbourhood savings bank ' ) . as of 2014 , the bank had 364 branches , 107 smaller offices ( serviestado ) , 3488 automated services ( atms , dispensers and letter boxes ) and 13,520 cajavecina contact points . it is the only bank with presence in all municipalities in the country ( with the exception of antarctica ) , reaching geographically isolated areas where no other bank is present . until 2014 , the bank reached 77 localities that had no other banking services since 2012 , global finance magazine has ranked bancoestado as the safest bank in latin america , while in 2015 it was ranked as the 48th-safest bank in the world ( 6th-safest in the southern hemisphere ) . 
banco del estado de chile (in english: bank of the state of chile), commercially operating under the brand bancoestado, is the only public bank in chile and was created by government decree in 1953. it provides financial services to consumers and companies, with a focus on national coverage in terms of geography and social sectors and a particular emphasis on the unbanked and small and medium enterprises, although it serves all types of businesses. it is the country's largest mortgage lender and largest issuer of debit cards. in addition, bancoestado performs all of the chilean government's financial activities through a single account managed by the general treasury of the republic of chile. the bank was created by decree no. 126 of 1953, which merged the national savings bank (caja nacional de ahorros), mortgage credit savings bank (caja de crédito hipotecario), agrarian credit savings bank (caja de crédito agrario) and industrial credit institution (instituto de crédito industrial) into a single institution. by the end of 2009, bancoestado was the third-largest bank in chile, covering all areas of the country via branches or delegate banking contact points called cajavecina (spanish trade name roughly translatable as' neighbourhood savings bank'). as of 2014, the bank had 364 branches, 107 smaller offices (serviestado), 3488 automated services (atms, dispensers and letter boxes) and 13,520 cajavecina contact points. it is the only bank with presence in all municipalities in the country (with the exception of antarctica), reaching geographically isolated areas where no other bank is present. until 2014, the bank reached 77 localities that had no other banking services since 2012, global finance magazine has ranked bancoestado as the safest bank in latin america, while in 2015 it was ranked as the 48th-safest bank in the world (6th-safest in the southern hemisphere).
banco del estado de chile (in english: bank of the state of chile), commercially operating under the brand bancoestado, is the only public bank in chile and was created by government decree in 1953. it provides financial services to consumers and companies, with a focus on national coverage in terms of geography and social sectors and a particular emphasis on the unbanked and small and medium enterprises, although it serves all types of businesses. it is the country's largest mortgage lender and largest issuer of debit cards. in addition, bancoestado performs all of the chilean government's financial activities through a single account managed by the general treasury of the republic of chile. the bank was created by decree no. 126 of 1953, which merged the national savings bank (caja nacional de ahorros), mortgage credit savings bank (caja de crédito hipotecario), agrarian credit savings bank (caja de crédito agrario) and industrial credit institution (instituto de crédito industrial) into a single institution. by the end of 2009, bancoestado was the third-largest bank in chile, covering all areas of the country via branches or delegate banking contact points called cajavecina (spanish trade name roughly translatable as' neighbourhood savings bank'). as of 2014, the bank had 364 branches, 107 smaller offices (serviestado), 3488 automated services (atms, dispensers and letter boxes) and 13,520 cajavecina contact points. it is the only bank with presence in all municipalities in the country (with the exception of antarctica), reaching geographically isolated areas where no other bank is present. until 2014, the bank reached 77 localities that had no other banking services since 2012, global finance magazine has ranked bancoestado as the safest bank in latin america, while in 2015 it was ranked as the 48th-safest bank in the world (6th-safest in the southern hemisphere).