Shipping 2025

CHILE Law and Practice Contributed by: Ricardo Rozas, Max Morgan and Stefano Perretta, Jorquiera & Rozas Abogados

2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Pollution The key legislation, rules and conventions in force in Chile for regulating sea pollution are as follows: • the CLC 1992 on hydrocarbon spills from vessels carrying oil in bulk as cargo; • the CLC 1969 and supplementary norms set forth by the Navigation Law on hydrocarbon spills from vessels not carrying oil in bulk as cargo or spillage of other hazardous sub - stances; • the International Convention for the Preven - tion of Pollution of the Sea by Oil, 1954 (the “OILPOL Convention”) (with its amendments of 1962 and 1969); • the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (the “London Convention”); • the International Convention for the Pre - vention of Pollution from Ships, 1973 (as modified by the Protocol of 1978) (MARPOL (73/78)); and • Article 136 of the Fishing Law (Law No 18,892), which refers to criminal liability for spills that cause damage to hydro-biological resources, covering both malicious acts and negligence, and which extends to compa - nies’ criminal liability (liability for negligence was introduced by Law No 21,132, which modernised and strengthened the exercise of the public function of the National Fisheries Service). Wreck Removal Wreck removal is regulated under the Chilean Navigation Law. In general, the Chilean Mari -

1.5 Temporary Registration of Vessels According to the Navigation Law, in the event of an international conflict that seriously affects the normality of Chile’s international maritime trade or of imminent danger of such a conflict, the President of the Republic is empowered to authorise – on a temporary basis – the use of the national flag by certain vessels that are hired by national companies. In addition, dual registration of national merchant vessels would be acceptable when, for reasons of obvious convenience to domestic interests, the President of Chile authorises the bareboat charter of national vessels for a certain period. In such cases, the vessel must fly a foreign flag, although her Chilean registration will continue in effect. 1.6 Registration of Mortgages The registration of mortgages is kept by DIRECT - EMAR. As regards documentary requirements, mortgages, liens and prohibitions related to ves - sels over 50 gross tons must be registered, for their validity, in the Mortgage, Liens and Prohibi - tions Registry mentioned in 1.3 Domestic Legis- lation Applicable to Ship Registration . The naval mortgage must be granted by public deed. The mortgage deed and the contract to which it refers may be the same. When the mort - gage is granted abroad, it shall be governed by the law of the place of its granting. For registra - tion in Chile, the mortgage shall be recorded – at least – in a written document whose signatures are authorised by a minister of faith or by a Chil- ean consul. 1.7 Ship Ownership and Mortgages Registry Registries are available to the public.

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