Modification of Decree 1358, Chile: Key Changes Effective August 13, 2024

Context and Background of DS 1358

Supreme Decree 1358 emerged in response to the need to regulate the control of precursors and essential chemicals in Chile, establishing a regulatory framework that provides tools for the prevention of abuse and the proper management of these substances. Below is the background and regulatory evolution of this decree.

History of Law No. 20.000

Law No. 20.000, enacted in 2005, was a milestone in the regulation of drug control and substances that could be used for the manufacture of narcotics and psychotropics. This law laid the foundation for measures that allow the detection and control of chemical precursors, key elements in the fight against drug trafficking.

Since its enactment, this law has undergone various modifications and adjustments to adapt to emerging security and prevention needs. The comprehensive approach proposed by Law No. 20.000 aimed not only to control drug trafficking but also to regulate the industrial use of certain chemicals, which required authorities to implement more rigorous controls.

Modification of DS 1358:

The modification of DS 1358 brings significant changes that affect companies managing precursors and essential chemicals. These adjustments are necessary to strengthen control and ensure safety in the handling of these substances. These measures are expected to contribute to greater efficiency in the supervision of companies and compliance with current regulations.

Key Changes:

Addition of New Substances to the List: New substances are added to the lists of controlled substances.

Specific Changes in Article 3: One of the most significant changes is found in Article 3 of the decree, where registration requirements are expanded. This modification aims to include a larger number of companies within the scope of RESUQ, thus ensuring more exhaustive control over the chemicals managed.

Transport Registrars: Those exclusively engaged in transportation activities must maintain a detailed record of the controlled chemicals they transport. This information must be reported and updated within the first 10 business days of each month, including data on the vehicles, trailers, or semi-trailers used.

Commercialization Registrars: Registrars exclusively engaged in commercialization must update their inventories annually through the corresponding platform.

When is it Mandatory?

Chile’s Supreme Decree 1358, which establishes regulations for the control of precursors and essential chemicals, has been mandatory since August 13, 2024.

Adjustments in Control and Monitoring

To ensure compliance with the new regulations, adjustments are implemented in control and monitoring procedures. These changes are essential to guarantee the effectiveness of the adopted measures and the safety in managing these substances.

New Control Procedures

The new control procedures will allow for more detailed monitoring of activities related to precursors and chemicals. These adjustments aim to increase the effectiveness in detecting irregularities and ensure better compliance with current regulations.

Implications for Companies

The new regulations of DS 1358 will bring various implications for companies, which must quickly adapt to meet the established requirements.

Advantages for Companies

Improved risk management by having more rigorous control over the chemicals used.
Increased confidence by complying with higher regulatory standards.
Potential optimization of internal processes, which can translate into long-term cost savings.
Adoption of advanced technologies that facilitate the tracking and control of chemical inventories.

Adapting to the new regulations of DS 1358 is not only a legal requirement but also represents an opportunity for companies to move towards more responsible and efficient management of their operations.

Influence on Other National and International Regulations

The modification of DS 1358 will not only impact the national level but will also have repercussions on related regulations internationally. As Chile aligns with stricter standards, it is likely that a series of adaptations will be generated in other regulations involving the handling of chemicals and precursors.

Comparison with International Legislation

The provisions of DS 1358 resemble regulations in other countries that seek to effectively control the use of chemicals. With the implementation of this modification, Chile can draw inspiration from successful international models, thus facilitating the creation of more robust policies. Regulations from countries like the United States, the European Union, and Australia can serve as references to adjust local standards and improve regulatory effectiveness.

It is essential for companies to prepare to meet international standards to compete in the global market without issues.