Juan Diego Moreno
Marco Antonio Sánchez
Carlos Felipe Almario
Cristian David Enriquez
Juan Pablo Olaya
Declearers
provide the service of merchandise clearance to
Article 65.
Handbook
Customs agencies must keep the following manuals permanently approved, updated and available to NTCO:
1. Handbook of functions of each of the positions.
2. Handbook of processes with their respective procedures.
Article 39.
Exporter is Declarant
Importer is Declarant
Operator is Declarant
Article 38.
Products
Article 42.
Requirements and obligations of the importer, exporter or declarant
Obligations of the approved exporter
Obligations
Requirements of the approved exporter
Natura Persons, Be registered in the single tax register RUT
Legal persons, Be domiciled or legally represented in the country
Article 43.
Foreign trade operator
-Customs agents. -International loading agents. -Assembly industries. -Operators, conveyors. -Warehouses. -Entrance or exit points (pipeline exports) -Control areas or goods verification and transportation.
Article 40.
Responsability
-Document.
-Intime.
-Productos.
Article 37.
Custom adminitstration's functions
Operators
Custom agents
Converor Companies
Ware house deports
Exporter-importer
Article 57.
Scope of responsibility
Responsible for customs formalities and infringements of the exercise of their activity
Article 44.
Customs Registration : Authorization for customs purposes granted to foreign trade operators to comply with customs formalities including foreign trade operations.
Article 59.
Business name
Legal entities authorized to practice customs brokerage must include in their business name the expression "customs agency", the trade name and the acronym corresponding to the commercial nature of the company. Not applicable for warehouse-generated warehouses
Article 58.
Special requirements for authorization of customs agencies
To obtain the authorization and to exercise the activity of customs clearance, the following must be fulfilled:
1. To confirm that the address registered with the NTCO will be the same registered in the CC.
2. Demonstrate the direct and formal employment relationship of their customs and auxiliary agents and contract with their legal representatives.
3. To establish and comply with the code of ethics referred to in article 64 of this Decree.
4. To establish a global guarantee before the NTCO, which shall have the insurable object of guaranteeing the payment of duties and taxes, penalties and interests, as a consequence of breach of the obligations established in this Decree.
Article 56.
Customs Mandate
This is the way how it is aprove to the authority:
1. A of a power granted by the declarant to the customs agency, by writing, which will not require public deed; or,
2. By means of the customs endorsement of the transport document, made by the importer or exporter in favor of the customs agency. The customs endorsement is the one made by the last consignee of the transport document in the name of a customs agency, to carry out procedures before the customs authority.
Article 55.
Customs Representation
Any person may be represented before the customs administration by an agency customs to carry out the clearance of goods and related.
Article 54.
Customs Agency
(The main socail object
should be the merchandise
clearance)
Importers, exporters
or Declarants
Article 53.
Control Mechanisms
(Conditions stablished by DIAN)
1. Define a methodology and implement mechanisms for the identification, measurement, control and monitoring of active washing risks, terrorism financing and proliferation of weapons of mass destruction.
2. Develop a diagnosis of the risk of money laundering, financing of terrorism and proliferation of weapons destruction in the context and external of the foreign trade operator, establishing risk factors that must be managed against counterparts, products, distribution channels , and geographic areas or jurisdictions.
3. Define an organizational structure that establishes policies for the design, elaboration, approval, execution and control of the risk management of money laundering, financing of terrorism and the proliferation of weapons of mass destruction, as well as the procedure and sanction to be imposed for their non-compliance.
4. Implement mechanisms for the dissemination, training, documentation, and self-assessment of the asset laundering, terrorist financing and proliferation of weapons of mass destruction evaluation system.
5. Report to the Financial Information and Analysis Unit - - the information established in the administrative office of the DIAN, according to the criteria established by the UIAF under the terms of Article 10 of the 1999 Law.
Article 41.
Consortia and temporary unions
Article 52.
General Obligations of Foreign Trade Operators and Other Professionals engaged in Foreign Trade Activities on the Control of Money Laundering and Financing of Terrorism
In accordance with article 43 of Law 190 of 1995, obligations established in articles 102 to 107 of the Organic Statute of the Financial System
Article 45.
General Requirements for the authorization or habilitation of foreign trade operators.
-Legally represented in the country (Rut) -Corporate purpose, principal activity in which the authorization is sought. -Required information of members of the company. -Not having debts in arrears in customs tax exchange. -Infrastructure. -Legal computer system. -Present financial statements.
Article 46.
Request For Authorization: Must be present through computer services and must contain the respective requirements and annexes requested.
Article 47.
Warranty : Must kept valid for the duration of the authorization, proving compliance with the requirements of the national tax and customs office.
Article 36.
Custom Representation
Exp-Imp-Oper Should Act with custom administration.
-Lega representative.
-Custom representative.
-Shipping agents.
-Airport agents
Article 48.
Validity of Authorization : It has an indefinite term, except temporary private deposits of transitory character what will have a maximum term of one month.
Article 49.
Modifications after authorization or authorization
-In special and justified cases, the DIAN may authorize the extension of the authorized area.
-The zone to enable the extension must be located on the arrival zone.
-Those who request it must comply with the safety and infrastructure requirements.
-The DIAN indicates in the authorization the conditions that must be established for the customs control.
Article 50.
General obligations
(are 18)
Foreign Trade Operators
Article 35.
Especial Treatments
Importers/Operators
2.1,2.2,2.3,2.4,2.5,2.6,2.7,2.8,2.9,3.1, 3.2,3.3,3.4,3.5,3.6,3.7,3.8,3.9,3.10,3.11
Exporters
Declarations
Article 34.
Autorized Operator
-Exporters.
-Importers.
Autorized Exporter
-Custom Oficce.
-National Custom
Clasification
Requirements
Article 33.
Indirects
-Sells.
-Contacts.
-Recomendations.
Directs
-Importers.
-Exporters.
Article 63
Evaluation of customs agents and auxiliaries
With the effect of professional suitability and customs know-how, third-party evaluations are carried out to guarantee quality, they also provide trainings or events to provide greater knowledge.
Article 62
Special obligations of customs agencies
1. Require the card to customs agents
2. Availability of time.
3. Information to the public on a web page.
4. Up-to-date and up-to-date documents.
5. Elaborate and present the declaration when necessary.
6. Present customs declarations when applicable
7. Settle and cancel tax duties.
8. Manage the transfer of goods.
9. Keep a scanned document.
10. Deliver documentation within the deadline.
11. Guaranteed information on computer networks.
12. Return the original documents to the importer.
13. Require signatures of customs agents.
14. Attend to the recognition procedures in transit.
15. Inform through computer services untying and removal of customs agents.
16. Remove from the business name "customs agent".
17. Deliver to NTCO settlement or cancellation of your authorization.
18. Report on inspection.
Article 61.
Clampdown
Customs agencies may not undertake consolidation or deconsolidation of cargo, freight or warehousing, except in the case of general storage warehouses, in the case of storage of goods or when it has the status of authorized economic operator .
Article 60.
Documents to be submitted to obtain authorization as a customs agency
1. List of names and identification of persons who pretend to accredit as customs and auxiliary agents.
2. Lives of persons who will act as customs agents or auxiliaries before the customs authorities and the person responsible for compliance with the code of ethics, in accordance with the specifications established by NTCO.
3. The manuals of functions and processes referred to in article 65 of this Decree.
Article 51.
Loss of authorization or habilitation
1. By orderly cancellation within a sanctioning process.
2. For voluntary termination or waiver of authorization or authorization.
3. By dissolution and liquidation of the legal person or by death of the natural person
authorized or the holder of the authorized place.
4. By decision of competent authority adopted by means of a firm order.
5. Failure to maintain during the validity of the authorization or authorization, any of the
requirements and provided for in this Decree.
6. Not constituting or not renewing the guarantee in accordance with the provisions of
7. Not for two consecutive years, the main corporate purpose of its in the terms and conditions set forth in this Decree.
8. Import by virtue of the authorization granted for improvement, for an annual period.a
Article 64.
Code of ethics
Code that is created to have transparency and viality of the customs agents
Customs agencies should designate a person responsible for ensuring that all their directors, customs agents, auxiliaries and other employees know the code of ethics and strictly comply with it.
