Frequently Asked Questions
What does the Law on Regulations and Residence in Rapa Nui do?
Yes, foreigners must meet all the entry requirements for foreigners visiting Chile, as listed in Interior Ministry Decree Law No. 1,094, issued in 1975. However, there are additional special requirements for entering the territory of Rapa Nui.
Non-Rapa Nui Chileans who enter the island must meet the current special requirements to stay in the territory.
No, members of the Rapa Nui people are not subject to the limitations established in the law.
Non-Rapa Nui Chilean visitors and foreigners may remain on the island for a maximum period of 30 calendar days.
ID card, passport or another accepted travel document, arrival and return tickets, a reservation at a hotel or other accommodation or an invitation from a resident.
Air or maritime transportation companies must provide the passenger and crew manifest to the Chilean Investigative Police (PDI) and the provincial presidential delegation.
In case of force majeure or unforeseen circumstances, stays may be extended for as long as necessary. Stays may also be extended for the person’s companions, if necessary. The provincial presidential delegation evaluates and resolves requests for extensions. Extensions granted to an individual extend to any children and adolescents who entered under their care. If a child or adolescent is, for some reason, impacted by force majeure or unforeseen circumstances, an extension will be granted to their parents, legal representative or guardian.
The parents of a member of the Rapa Nui people may remain in the special territory along with their spouse, civil or common-law partner, children, parents or other ascendants and those under their personal care.
- Public officials, hired by the state or companies that work for the state, or members of the judicial branch who perform duties on the island. These persons may be present on the island with their families.
- Candidates and pre-candidates for an elected office in the territory and elected authorities while they hold their position.
- Researchers who are conducting research on Rapa Nui and who are supported or sponsored by a Chilean higher education institution or the National Commission for Scientific and Technological Research (CONICYT).
- Contracted employees for the period that their work activity lasts and those who exercise a private economic activity, along with their families.
Employers must pay for return tickets for employees who cease to perform duties on the island.
Violations of the law
Violations are classified by severity as follows:
Less severe violations are committed by:
- Maritime or air transportation companies that do not report to the authorities the fact that a passenger has failed to board .
- Those who do not report in a timely manner the fact that the conditions that allowed them to stay on the island have ended.
- Employers who do not uphold the obligation to report the end of a labor relationship with a visitor.
Employers must pay for return tickets for employees who cease to perform duties on the island.
Severe violations are committed by:
- Maritime and air transportation companies that sell tickets for longer-than-established periods while the island is in a state of saturation.
- Persons who enter the territory without meeting the legal requirements or who stay longer than authorized unless their stay is due to failure by the transportation company.
- Persons who stay longer than permitted when the conditions that enabled them to extend their stay have ended unless the employer has not paid for their return ticket.
- Employers or workers who violate the law by signing a work contract in a period of latency or saturation.
- Employers who fail to uphold the obligation to pay for return tickets for the employee and their family.
- Those who prepare and/or provide false or adulterated documentation or who enter into a contract or claim common-law status with the purpose of circumventing the provisions of the law.
The fine for less severe violations is 5 UTM, except for transportation companies, which are fined 10 UTM per passenger not included on the passenger manifest.
For severe violations, the fine is up to 50 UTM per passenger for selling tickets during a period of saturation. Sanctions may also include orders to leave the territory. Those who remain on the island without authorization are fined 3 to 10 UTM per day.
An order to abandon is an official order issued by the delegation to leave the territory. If the order is not implemented within five days, the person(s) will be expelled.
A prohibition on entering is a ban on returning to the island for a period of no less than one year and no more than three years. This prohibition is ordered by the authorities in an official resolution.
The Transport and Telecommunications Ministry can declare measures to restrict the circulation of motorized vehicles, except emergency vehicles. Such restrictions may only be declared and extended during states of latency or saturation.
Carrying capacity
Carrying capacity is established in a supreme decree issued by the Interior and Public Security Ministry and signed by the Environment Ministry. The document must establish the carrying capacity of the island territory, i.e., determine the maximum number of people who can be on Rapa Nui without overwhelming its services or negatively impacting the lives of its inhabitants.
The decree establishing the carrying capacity is published in the Official Gazette and must be issued every six years.
Every five years, the Interior and Public Security Ministry must conduct a carrying capacity management study, which may be produced in conjunction with other State entities. The study must consider the existing local capacities on the territory of Easter Island.
This instrument must establish a formula for calculating the carrying capacity.
The presidential delegation will be responsible for monitoring and updating a record of people entering and leaving. Every two months, the information must be sent to the Municipality of Easter Island, the Rapa Nui Carrying Capacity Management Advisory Board and any other authority it deems appropriate.
Latency is declared when the population rises to a certain level, as established in the respective decree.
Non-Rapa Nui Chileans and foreign visitors are prohibited from signing work contracts or conducting economic activities. Employees whose fixed-term contracts end must leave the territory (unless they are contracted by the State or state companies).
The parents and adult children of spouses, civil or common-law partners of a member of the Rapa Nui people, who enter the Easter Island territory after latency has been declared, may not remain on the island for longer than 30 days, except in the event of an accredited dependency relationship.
Saturation is declared when the population rises to a certain level, as established in the respective decree. Saturation is higher than latency. A state of saturation, declared by the Interior and Public Security Ministry remains in effect for one year and may be extended for subsequent periods as long as the circumstances warrant this.
Reduces the deadline for leaving the territory to 30 days for researchers who complete their work and those who cease to be spouses or partners of islanders or cease to have a labor relationship on the island.
Once a state of saturation has been declared, maritime or air passenger transport companies must adjust their services so that people’s stay on the island does not exceed the time established in the decree.
The Carrying Capacity Management Advisory Board collaborates with the responsible entities on issues related to residence and staying on Easter Island as well as transportation to the island.
The Advisory Board comprises the Mayor of Rapa Nui, the six elected members of the Easter Island Development Commission (one of whom must be the President of the Council of Elders) and three representatives of the Rapa Nui people.
Regulatory framework
- Law N° 21.070 | REGULATES THE EXERCISE OF THE RIGHTS TO RESIDE, STAY ON AND TRAVEL TO AND FROM THE SPECIAL TERRITORY OF EASTER ISLAND.
2018, Interior and Public Security Ministry - Decree N° 1.120 | ESTABLISHES THE CARRYING CAPACITY OF THE SPECIAL TERRITORY OF EASTER ISLAND
2018, Interior and Public Security Ministry - Decree N° 1.428 | DECLARES A STATE OF LATENCY IN THE SPECIAL TERRITORY OF EASTER ISLAND
2018, Interior and Public Security Ministry - Decree N° 1.546 | APPROVES THE REGULATIONS OF LAW NO. 21,070 REGARDING THE EXERCISE OF THE RIGHTS TO RESIDE, STAY ON AND TRAVEL TO AND FROM THE SPECIAL TERRITORY OF EASTER ISLAND
2018, Interior and Public Security Ministry - Decree N° 81 | EXTENDS THE DECLARATION OF STATE OF LATENCY IN THE SPECIAL TERRITORY OF EASTER ISLAND
2020, Interior and Public Security Ministry