Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1):

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7):

Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

If “Yes” is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82-

Exhibit List

Exhibit No.	Description
Exhibit 99.1	Material Fact
Exhibit 99.2	Press Release

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

Date: January 22, 2009

	Lan Airlines S.A.
	/s/ Alejandro de la Fuente Goic By: Alejandro de la Fuente Goic Chief Financial Officer

Exhibit Index

Exhibit No.	Description
Exhibit 99.1	Material Fact
Exhibit 99.2	Press Release

EX-99.1 2 lan-6kex991_0122.htm

Santiago, January 21, 2008.

Mr.

Guillermo Larraín Ríos

Superintendent

Superintendence of Securities and Insurance

Present

Re.: Material Fact regarding the subsidiary LAN Cargo S.A.

To Whom It May Concern:

In accordance with article 9 and the second part of article 10 of Law No. 18.045 about Securities Markets, and as indicated in the Norms of General Character No. 30 of the Superintendence of Securities and Insurance, being fully authorized, I hereby communicate the following material fact:

Our subsidiary LAN Cargo S.A. (“LAN Cargo”) has reached an agreement as of this date titled the “Plea Agreement” with the Department of Justice of the United States of America (hereinafter, the “Department of Justice”) in relation to the Department of Justice’s investigation in the United States regarding price fixing of fuel surcharges and other fees for cargo shipments, which investigation involved more than 30 international airlines that operate in the air freight business.

Eight airlines reached similar agreements with the Department of Justice: British Airways, Korean Air, Air France-KLM, Japan Airlines, Qantas, Cathay Pacific, SAS y Martinair/Tampa paying fines that in the aggregate total US$ 1.275 million.

The Department of Justice’s investigation regarding LAN Cargo covers the time period between February 2003 and February 14, 2006. This investigation has exclusively focused on the air freight business and does not in any way involve LAN Airlines’ passenger operations.

Under the Plea Agreement, LAN Cargo has agreed to pay a fine of US$88 million. This payment will be made over a five-year period, and should therefore not significantly affect the company’s cash position. Furthermore, as had previously been informed, the company already had established a US$75 million reserve in relation to these investigations, which reserve amounts were offset against the company’s results for 2007 and for the third quarter 2008.

In addition, the airfreight company Aerolinhas Brasileiras S.A. (ABSA), in which LAN Cargo has an ownership stake, has also reached a plea agreement with the Department of Justice for a fine of US$ 21 million to be paid over the same time period indicated above.

Since the beginning of the investigation, LAN CARGO has cooperated with the authorities of the Department of Justice of the United States. The company will continue to cooperate with the authorities as required in relation to the ongoing global investigation.

Sincerely,

/s/ Cristián Toro Cañas

Cristián Toro Cañas

Legal Vicepresident

EX-99.2 3 lan-6kex992_0122.htm

LAN CARGO PRESS RELEASE

Santiago, Chile, January 21, 2008 – LAN CARGO today announced that it has reached a plea agreement with the Department of Justice of the United States (“DOJ”) in relation to the DOJ’s ongoing investigation regarding price fixing of fuel surcharges and other fees for cargo shipments. This investigation reportedly involves more than 30 international airlines operating in the air freight

business.

Eight airlines have previously reached similar agreements with DOJ in connection with this investigation: British Airways, Korean Air, Air France-KLM, Japan Airlines, Qantas, Cathay Pacific, SAS and Martinair/Tampa, paying fines that in the aggregate total US$ 1.275 billion.

The DOJ’s investigation regarding LAN CARGO covers the time period between February 2003 and February 14, 2006. This investigation has exclusively focused on the air freight business and does not in any way involve LAN Airlines’ passenger operations.

Under the plea agreement, LAN CARGO has agreed to pay a fine of US$88 million. This payment will be made over a five year period, and should therefore not significantly affect the company’s cash position.

Furthermore, as had previously been informed, the company already had established a US$75 million reserve in anticipation of a financial penalty. The reserve amounts were offset against the company’s results for 2007 and for the third quarter 2008.

In addition, the air freight company Aerolinhas Brasileiras S.A. (ABSA), in which LAN Cargo has an ownership stake, has also reached a plea agreement with the DOJ for a fine of US$ 21 million to be paid over a five year period.

The origin of this investigation lies in acts that have been deemed by the U.S. authorities to be transgressions of the competition law of the United States and that LAN CARGO has accepted as such. LAN CARGO condemns any violations of competition laws and has taken the necessary measures to prevent such actions from occurring in the future.

Since the beginning of the investigation, LAN CARGO has cooperated with the authorities of the DOJ. The company will continue to cooperate with the authorities as required in relation to the ongoing global investigation.

The company maintains a policy of rigorous compliance with all applicable laws and regulations in the countries in which it operates. Within its permanent commitment to good corporate governance and transparency in its corporate actions, LAN has further reinforced the control mechanisms incorporated in its strict compliance program. Furthermore, the company has implemented a new code of conduct that will govern all of its employees worldwide.

-----END PRIVACY-ENHANCED MESSAGE-----