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The Boric Reform to Boost Investment in Chile Aims to Reduce Bureaucracy

by | Oct 2, 2024 | FDI Latin America

The legal initiative seeks to shorten the time required for processes and procedures.

The Boric reform to boost investment in Chile represents a significant legal initiative aimed at reducing bureaucracy and streamlining processes for investment projects, both public and private, as part of an overarching strategy to boost productivity and attract new investments. With Spain being the third-largest foreign investor in Chile, the reform has garnered particular attention from the over 600 Spanish companies already operating in the country and those contemplating new ventures. These changes come at a crucial time, as Chile’s economy has shown signs of stagnation despite narrowly avoiding a recession in 2023, making the reform pivotal for stimulating growth.

Addressing the Bureaucratic Bottleneck

For years, the business community and foreign investors have voiced concerns about the bureaucratic hurdles of launching projects in Chile. Complex, unpredictable permit processes, discretionary evaluation criteria, and the lack of defined deadlines have resulted in legal uncertainty and delays. In response to these complaints, the Boric administration has taken a proactive step with a comprehensive reform designed to simplify these procedures, making initiating and completing investment projects easier.

At the heart of the reform is the reduction of excessive bureaucracy and the establishment of clear, predictable deadlines for the approval of permits. The reform seeks to replace complex permit processes with sworn declarations for projects with low environmental risks, thereby speeding up the approval process. Moreover, the reform introduces a unified digital window, allowing investors to request permits and track their status in one centralized system. This digital innovation aims to make the process more transparent and efficient, reducing the time it takes to obtain necessary authorizations and thus enhancing investor confidence.

A significant component of the reform is creating a special category of permits for priority projects. This special category will be subject to even shorter deadlines, allowing projects deemed critical to the country’s economic growth—such as those related to renewable energy—to move forward swiftly. The 82 renewable energy projects set to be launched as part of the reform underscore Chile’s commitment to sustainable development, positioning the country as a leader in green energy within the region.

Political and Economic Context

The Boric reform to boost investment in Chile comes after six months of debate and discussion within the Chilean Congress. Recently approved by the Economy Committee, the framework law for sectoral authorizations will now proceed to the full Chamber of Deputies for further review. If passed, the bill will be moved to the Senate for additional debate and a final vote. The reform is a part of the broader Pact for Economic Growth, Social Progress, and Fiscal Responsibility, which aims to address critical national challenges such as job creation, inequality reduction, and enhanced capacity to address climate crises.

The timing of the reform is critical. Although Chile managed to avoid a recession in 2023, the economy grew by a modest 0.2%. However, a 2.6% expansion is forecast for 2024, and the Boric administration views the reform as essential for achieving this growth target. The 200 priority projects, including renewable energy initiatives, will be instrumental in revitalizing critical sectors of the economy. The reform can unlock billions of dollars in investment by removing bureaucratic barriers, stimulating job creation, and fostering long-term sustainable development.

For Chile, where mining remains the dominant sector, this reform signals an important shift towards diversifying the economy. The renewable energy projects slated for launch will play a crucial role in this diversification, reducing Chile’s reliance on mining while contributing to global climate goals. By streamlining the permitting process and shortening approval timelines, the Boric reform to boost investment in Chile provides the necessary framework for the South American nation to become a more attractive destination for foreign and domestic investors.

Strengthening Investor Confidence

Investor confidence is a crucial driver of economic growth, and the Boric reform to boost investment in Chile directly addresses the issues that have historically undermined confidence in the country’s regulatory framework. By ensuring that the rules are transparent and predictable, the reform aims to create a more business-friendly environment where investors can have confidence that unclear or cumbersome bureaucratic processes will not delay their projects.

The introduction of regulated administrative silence is designed to strengthen investor confidence. Under this provision, the permit will be considered automatically approved if the relevant authorities fail to issue a decision within the established timeframe. This measure provides much-needed clarity and predictability for investors, reducing the uncertainty that has often plagued large-scale projects in Chile. It also encourages public institutions to be more efficient and accountable, fostering a culture of transparency and reliability in government operations.

Business leaders have expressed strong support for the reform. In his presentation of the proposal to reduce bureaucracy earlier this year, President Boric emphasized the need for a state that “strongly supports both national and foreign investments, generating quality jobs and adhering to high environmental and social standards.” By aligning with these goals, the Boric reform to boost investment in Chile has won the backing of the private sector, which sees it as key to reducing the ‘permit culture’ that has long slowed down investment in the country.

Long-Term Impacts on Chile’s Economic Strategy

In the long term, the Boric reform to boost investment in Chile will likely have far-reaching effects on the country’s economic strategy. By addressing key issues such as legal uncertainty, excessive discretion in permitting processes, and the absence of clear deadlines, the reform is set to create a more favorable environment for both domestic and foreign investors. This will boost short-term economic activity and position Chile as a more competitive player in the global market.

The reform aligns with Chile’s commitment to sustainable development as part of a broader economic strategy. The emphasis on renewable energy projects as a priority reflects the country’s efforts to transition towards a greener economy, reducing its carbon footprint while maintaining economic growth. By streamlining the approval process for renewable energy projects, the Boric reform ensures that Chile can continue to lead the region in sustainability initiatives, attracting environmentally conscious investors and advancing the global agenda on climate change.

Moreover, the Boric reform to boost investment in Chile is expected to impact employment positively. By removing bureaucratic obstacles, projects can be launched more quickly, creating quality jobs across multiple sectors. This aligns with the government’s goal of addressing unemployment and improving the overall well-being of its citizens, particularly in rural and underdeveloped areas.

Conclusion

The Boric reform to boost investment in Chile represents a significant shift in the country’s approach to economic development. The reform addresses the long-standing barriers that have hindered investment and economic growth by reducing bureaucracy, simplifying the permitting process, and creating clear, predictable rules for investors. At a time when Chile is looking to stimulate its economy, particularly in sectors like renewable energy, the reform is poised to play a vital role in driving sustainable development, creating jobs, and enhancing investor confidence.

As Chile embarks on this new path toward economic revitalization, the Boric reform to boost investment is critical for ensuring the country can compete globally, attract new investments, and build a more prosperous, sustainable future. The reform fosters a more transparent, efficient, and business-friendly environment, setting the stage for a new era of growth and opportunity in Chile.

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