OECD Regulatory Policy Outlook 2025

Chile has continued to update its regulatory management tools in recent years. In 2022, Presidential Instructive No. 1/2022 updated Chile’s regulatory impact assessment (RIA) system. It introduced RIA requirements for any major amendments to Executive bills, and further clarifies which subordinate regulations are subject to RIA. Exemption conditions for regulations adopted under emergency scenarios now requires that a RIA is conducted within three months of their adoption. RIAs dealing with presidential decrees or primary laws initiated by the executive must be published on proposing ministries’ websites.

Stakeholder engagement is formally required for certain proposals, e.g. concerning indigenous people’s rights and certain environmental issues. Voluntary guidelines on consultation and links to ministries’ consultation portals are listed on a central website. In 2022, requirements were introduced for ministries to establish a Citizen Participation Unit. They promote compliance with citizen participation mechanisms, including specific rules of ministries.

Chile has Presidential ex post evaluation requirements for some subordinate regulations and has had administrative simplification procedures for some time. Subordinate regulations for which a high impact RIA was conducted are required to be evaluated four years after their enactment. Each ministry publishes a list of existing regulations for the public to provide feedback for potential review. Chile has expanded the mandate of the Commission for Evaluation and Productivity (CNEP) to include advice to the President on improvements in regulatory quality and policy and program evaluation. CNEP provides advice on the application of methodologies to measure the impact of new regulations and on carrying out review processes of existing regulations, and to ensure coherence. It also has the mandate to propose a list of programs, institutions, and public policies for ex post evaluations.

Indicators presented on RIA and stakeholder engagement only cover processes carried out by the executive, which initiates approx. 41% of primary laws. There is no mandatory requirement for consultation with the general public nor for conducting RIAs for primary laws initiated by the legislative.