Firearms, ammunition, explosives and inflammable or asphyxiating chemical substances and the facilities for their production, storage or deposit

Member: 

Basic information

1

Outline of the system

Any natural or legal person wishing to import, bring into the country or export items subject to control must request authorization directly from the Directorate-General or through the supervisory authorities, in accordance with the documents detailed in the regulations supplementing Law No. 17.798.

2

Product coverage

The licensing systems apply to firearms, including their parts, spare parts, pieces, devices, tools or accessories that may be attached to them, intended for their shooting performance or effectiveness, and any other device, mechanism or tool allowing for the discharge of ammunition, explosive objects, bullets, birdshots, blank bullets and other projectiles, through the expansion of gunpowder gases or any other chemical compound, whatever their calibre, type, size, shape or the use to which they are put.
Tear gas or other gas with physiological effects, understood as any device, mechanism or tool intended to emit, produce or launch gases, smoke or mist, flames, electrical discharges or harmful chemical substances, normally referred to as artificios (devices).
Any loaded or unloaded device or projectile with a fuse or spark-producing mechanism or containing explosive, chemical, incendiary, fumigant, lachrymatory, emetic, paralysing or other similar substances.
Cartridges or ammunition used in weapons or devices and their components. Percussion caps, powder or any other chemical element used for the discharge of these projectiles shall be considered a component subject to control.
Explosives and explosive objects such as bombs, grenades and other devices of a similar nature, in addition to their parts and pieces, and chemical substances likely to be used or employed in the manufacture of explosives, and those that serve as the basis for the manufacture of ammunition, projectiles, missiles or rockets, bombs, cartridges and similar items, and, in general, substances or mixtures of substances capable of reacting chemically, with a high level of heat generation in a very short space of time and a considerable increase in volume in relation to their initial state.
Devices and auxiliary items for blasting or explosion, such as: primers, percussion caps, detonators, charges, fuses, detonator cords and other items, whether mechanical, electrical, non-electrical, electronic or of any other type, used to activate (in an instantaneous or delayed manner) an explosive chain, normally referred to as blasting accessories.
Factories, plants, mixer trucks, industries and workshops the purpose of which is to manufacture weapons, explosives or chemical products subject to control, and to condition or repair war materials, weapons or their essential spare parts, projectiles, missiles or rockets, bombs, cartridges and tear gas or other gas with physiological effects or any other device or projectile.
Fireworks and other devices of a similar nature, including their parts and pieces.
Facilities used or intended for use as warehouses, arsenals, dumps, tunnels and testing grounds or devices for weapons, explosives, fireworks and other controlled items, whether they are permanent, temporary or mobile constructions, and whether they are located at ground level or underground, and are buried or mobile.
Testing facilities and shooting ranges related to weapons, ammunition and permits granted in accordance with the Law.
Ammunition reloading machines of any type. (l) Spare parts, elements, pieces and accessories of the items subject to control.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

5

Products under restriction as to the quantity or value of imports

The procedure is not intended to restrict the quantity or value of imports. Its purpose is to register arms entering the country.

6

Questions for products under restriction as to the quantity or value of imports

Not applicable.

7

The system applies to products originating from which country?

The system applies to all countries of origin.

8

Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

The registration requirements for importation applicable to private individuals, dealers and dealers on a one-off basis are set forth in the regulations supplementing Law No. 21.310 (https://www.dgmn.cl/leydearmas/wp-content/uploads/2021/06/reglamento_com...).
In order to register, dealers, importers, exporters, regular consumers, assemblers, transformers and repairers of controlled items must first submit a registration request to the relevant supervisory authority at their business address and attach the following documents:
(a) Identity details of the applicant and legal establishment of the legal entity and its legal representative.
(b) Request from the legal representative of the company or natural person stating the items to be registered and the quantities to be stored.
(c) Police record for special purposes, of the legal representative and of the partners in the case of a limited liability company, and of the board of directors in the case of a public limited company.
(d) Background information on the storage location, including a detailed description and scale sketch.
(e) Certified photocopy of the current municipal licence or mining concession, in the case of regular users of explosives.
(f) Photocopy of the company's tax identification number (RUT).
(g) For dealers in ammunition, gunpowder, chemical products and fireworks, a document from the local fire department must be provided to certify:
1. That the facilities comply with fire safety measures.
2. That there is an internal service equipped to tackle a fire outbreak.
3. Degree of danger to and from neighbouring buildings, depending on the type of items and quantities requested to be stored by the interested party.
This certificate is not required for dealers who will store weapons only.
For dealers, it will be an indispensable requirement to have storage facilities.
The supervisory authority will issue a report to the Directorate-General giving its approval and will propose maximum storage quantities for each product, in accordance with the request made by the interested party, the merits of the background information and the inspection carried out.
Importers, exporters, manufacturers and repairers, in addition to registering as such, must register as dealers or regular consumers if the products they import or repair are intended for sale on the national or international market or for their own consumption.

13

What persons or firms are eligible to apply for a licence?

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

17

Address

18

Telephone

19

Fax

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Documentation requirements

24

What information is required in applications?

Any natural or legal person wishing to import, bring into the country or export items subject to control must request authorization directly from the Directorate-General or through the supervisory authorities.

25

What documents is the importer required to supply with the application?

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

The application must be submitted at least 20 working days in advance, which is how long it takes for the Directorate-General of Mobilization of the Armed Forces to issue the authorization.

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Not applicable.

Issuing the license

28

Can a licence be granted immediately on request?

The issue of a licence requires prior registration with the supervisory authority. Thus, a licence cannot be granted immediately if a person is not registered.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

30

Which administrative body is responsible for approving application of licences?

The Directorate-General of Mobilization of the Armed Forces shall serve as the central coordinating authority at the national level for the supervision and monitoring of weapons, explosives, fireworks, chemical products and other items that the Law assigns to the Ministry of National Defence, and in this capacity shall give instructions to the supervisory and advisory authorities to ensure proper compliance with the Law.

31

Must the applications be passed on to other organs for visa, note or approval?

The following authorities shall be responsible for implementing and monitoring the Law:
(a) The Armed Forces Garrison Commands,
(b) The highest-ranking authorities of the Chilean Carabineros (Carabiniers) in the jurisdictional area.
The implementing and monitoring authorities shall be appointed by the Minister of National Defence, at the proposal of the Director-General, to whom they shall report directly in performing the functions set forth in the Law, and shall, for such purposes, be known as "supervisory authorities". They shall be appointed pursuant to Supreme Decree (Secretariat General of the President's Office) No. 19 of 2001, issued by the Ministry of National Defence.
The following shall serve as advisory authorities under the terms provided for by law and by this Regulation:
The Army Research and Control Institute, in its capacity as Chile's Ballistic Test Bank, which will provide specialized technical advice to the Directorate-General and the supervisory authorities, either directly or through its regional branches and delegations.
The Director-General may request, through the Minister of National Defence, qualified technical advice from other specialized services of the Armed Forces or from their agencies and staff.

32

Are there any other conditions attached to the issue of a licence?

Not applicable.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

For registration, the applicable duty rate must be paid for each of the items for which the interested party is registering. The same shall apply to registered dealers, importers, exporters, repairers, transformers and assemblers who request an increase in the number of authorized items, namely:
(a) Dealers of controlled products.
(b) Dealers of war material.
(c) Importers of controlled products.
(d) Importers of war material.
(e) Exporters of controlled products.
(f) Exporters of war material.
(g) Manufacturers of controlled products.
(h) Assemblers, repairers and transformers of controlled products.
(i) Regular consumers of controlled products.

34

What is the amount of the fee or charge?

35

Is there any deposit or advance payment required associated with the issue of licences?

There are no additional charges to the ones mentioned in point 33.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Failure to comply with the requirements laid down in the regulations supplementing Law No. 17.798.

41

Are the reasons for any refusal given to applicants?

42

Have applicants a right of appeal in the event of refusal to issue a licence?

43

If so, to what bodies and under what procedures?

Importation

44

Are there any limitations as to the period of year during which importation may be made?

Not applicable.

45

What documents are required upon actual importation?

The required documentation is detailed below.
(a) Private individuals for own consumption
1. Request by the interested party, whose form will be submitted by the Directorate General and the supervisory authorities.
2. Photocopy of pro forma invoice with the stamp of the company or individual.
3. Police record for special purposes. Foreigners who do not possess this type of certificate must present a document issued by the relevant Embassy or Consulate, certifying that they are of good character.
In the case of weapons, the Directorate-General must verify that the interested party has a quota to register the weapons to be imported.
(b) Dealers
Any company wishing to import controlled items must be listed in the national registry as an importer, dealer or regular consumer of the items and may not exceed the permitted storage quotas. The requirements are as follows:
1. Request by the interested party, whose form will be submitted by the Directorate General and the supervisory authorities.
2. Photocopy of pro forma invoice with company stamp.
(c) Dealers on a one-off basis
1. Request by the interested party, whose form will be submitted by the Directorate General and the supervisory authorities.
2. Letter addressed to the Director-General outlining the basis for importing the product in question.
3. Photocopy of pro forma invoice with company stamp.
4. Police record of the legal representative for special purposes.
The import resolution will be valid for one year from the date of issue.
The Minister of National Defence, through the Director-General, shall grant authorization to those dealers wishing to bring in military weapons as exhibits for the institutions mentioned in Article 3. Subsequently, these weapons must be returned to the manufacturer in the country of origin or handed over to one of the authorized institutions to be held in trust, and may not remain in the dealer's possession.
The Chilean Ballistic Test Bank will provide registered importers with the required characteristics, the number of samples that must undergo laboratory tests in each importation, and the inspection conditions of the controlled products, so that they are aware of the tests to which they will be subjected.
Details of the forms can be found at https://www.dgmn.cl/leydearmas/tramites/autorizacion-para-importar-armas...

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Not applicable.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

Interested parties requesting annual renewal in the national registry before the expiration date are only required to submit an application specifying the items to be renewed and a current municipal licence or mining concession, as the case may be. For shooting clubs, a document from the Federation will be required, certifying that, on the date of renewal, the club is federated and that the corresponding fee is paid. If the interested party does not renew by the deadline, the registration will be considered expired, and he/she will have to go through all the steps of a new registration in the future.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

No, there is no penalty.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

The rights protected by the authorizations granted shall be non-transferable and inalienable, unless the corresponding procedure is carried out in the bodies established by Law No. 17.798. These authorizations shall be suspended, made conditional or lapse in the event of non-compliance with the conditions under which they were granted, without prejudice to the corresponding criminal proceedings.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Not applicable.

51

Is a licence required as a condition to obtaining foreign exchange?

Not applicable.

52

Is foreign exchange always available to cover licences issued?

Not applicable.

53

What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.