CHANGES IN THE NEW DRAFT CUSTOMS STATUSInternational Commerce Regime

STUDENTJUAN SEBASTIAN CORREA

PROFESSORDIEGO ARENAS

UNIVERSIDAD POTIFICIA BOLIVARIANAADMINISTRACION DE NEGOCIOS INTERNACIONALES

FLORIDABLANCA2015

SUMMARY OF THE CHANGES

FilersAccording to the new Customs Statute, respondents are importers, exporters and transporters. Customs agencies become foreign trade operators. Therefore, the responsibility of importers, exporters and transporters will become of respondents.

Customs agencies, then, are not reporting and sign a customs declaration, because this act is done in the name and for the account of a third party who, as we said, is the respondent.

It is possible that the contracts signed today have customs agencies with importers or exporters, for example, should be reviewed and possibly modified in terms of responsibilities and contractual obligations.

The project no longer provides maximum requirements in terms of amounts or FOB for imports and exports to act directly to customs values. Only, plus some formal requirements, require a favorable risk measurement concept by the DIAN. It is likely that by way of this requirement, the DIAN can decide who and who does not act directly.

Foreign trade operatorsThe new statute establishes who are the operators of foreign trade. Find customs agencies, users of free zones, transporters, warehouses, industrial facilities, etc. All foreign trade operators require registration at customs.

The latter are not in strict sense deposits; it is authorized by DIAN places where imported under the temporary admission for goods repair or improvement are introduced. This scheme applies to capital goods, sea and river vessels and, according to the project, for other goods that surely will be marked by the DIAN by resolution.

We also found the so-called points of entry and / or exit to import or export networks, pipelines, oil pipelines or pipelines. For these operators the new standard establishes a special regime for the import and export of electricity, gas, oil, fuel and other goods to bring the DIAN also via resolution.

Customs destinationsThis new term intended that the importer give a destination for the goods from the time it reaches the country.

Within the customs destinations are (i) the placing of goods under a customs procedure, (ii) the introduction into a free zone or free warehouse, (iii) destruction, (iv) and abandonment (v) reloading. The latter today is a form of export regime.

Customs ProceduresCustoms procedures in addition to those currently enshrined in Decree 2685 of 1999 (import, export and customs transit) found the warehousing arrangements.

The fact that there is a warehousing procedure implies that the goods subject to the same shall be covered by a customs declaration, and to that extent may be corrected by changing reporting, deposit or modified for regime change.

Based on the new regulation, we believe that transfers of goods between deposits would be allowed. What definitely it was the project itself restricted the movement of goods between warehouses and free zones as is the case today.

The goods subject to this regime can be stored for one year in a customs warehouse. There are several kinds of customs warehouses and temporary deposits, which are known today as deposits enabled and which are used for the nationalization of goods in a period of one month renewable for another also enshrined.

In terms of import, export and transit, no longer speaks of forms, but of regimes. With imports, we note that the new statute establishes three regimes such as the permanent importation, suspensive procedures and special import regimes. Within each of these classes we are different.

On this point we find changes such as the current long-term temporary import is enshrined as a definitive import deferral of payment of taxes. In the same import regime is the replacement of premiums which today is known as a "junior Vallejo Plan" materials.

It is important that companies review their operations, in order to determine the impact that the new Customs Statute can have on them, and customs planning opportunities that can be structured within the framework of the standard.

Transitional Standards and ApprovalsThe project ratings UAP and ALTEX not consecrate. However, people at the entry into force may continue to have such status with the same for a term of four years. To do this you must meet certain requirements. This means that there will be companies that do not meet those conditions and, therefore, cease to hold qualifying. One consequence of this is the importance regains the figure of authorized economic operator, regulated by Decree 3568 of 2011, because it enshrines benefits today have the UAP and ALTEX.

In connection with amendments and corrections of statements submitted in advance to the new decree, as may be the case of the suspensive procedures shall be governed by the applicable standard at the time of the filing of the initial declaration.

On the other hand, people who have some special qualification today that, in light of the new law are foreign trade operators will have a term of one year to start the process of approval.