Originally from:
Doing Business in Colombia - 2nd Edition - Hardcover
Doing Business in Colombia - 2nd Edition - Electronic
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Chapter 8
Foreign Trade and Customs Regime
Colombian legislation regarding foreign trade and customs regime has
concentrated on operations related to imports, exports and in-transit
products, through regulation of the application of multiple modalities of
foreign trade transactions adjusted to the principles of the Treaty of The
World Trade Organization (“WTO”), thus seeking to promote and support
diverse economic benefits for those Colombian companies linked to this
area of activity.
For instance, in 2005, the Single Foreign Trade Window (VUCE)
system was implemented, which is administered by the Ministry of
Commerce, Industry and Tourism. It’s aim is to centralize the various
administrative processes related to foreign trade transactions in three
separate individual modules: imports, exports and the Single Foreign Trade
Format (FUCE), which allows development of transactions such as on-line
payments for an expeditious handling of processes.
I. IMPORTS
Imports, according to current customs regulations, are defined as the
entrance of goods into the National Customs Territory, coming from
anywhere in the world or from a Duty Free Zone, with the intention to
remain in the country, either permanently or temporarily, in fulfillment of
any specific purpose.
As a general rule, imports of merchandise into Colombia do not require
previous authorization of any kind. Since the early 1990’s, the Colombian
government adopted an economic model denominated “Program for
Internationalization of the Colombian Economy”. The basic objectives of
this program are to expose Colombian industry to the largest possible
international market, to seek and encourage modernization and to reach
equilibrium between domestic and international prices. In due development
of this model, foreign trade authorities have freed almost entirely the
universe of customs/imports denominations and, as a result, the prior
regimes of anticipated licensing and forbidden imports have been abolished.
Import processes before the National Directorship of Customs and
Taxes (DIAN) may solely be carried out by users duly certified through the
About the Firm:
Cavelier Abogados, a Colombian law firm established in 1953 that combines experience and innovation and stands out as a leading advisor in Latin America in several fields of the law. Using the most modern legal infrastructure and technology, the firm offers clients a strategic partnership for business development with legal services in Colombia and overseas countries. The strength of Cavelier Abogados lies in its Intellectual Property Law and Business Law areas, but the firm is also strong in Corporate Law, Financial Law, Foreign Investment Law, Tax Law and Mining and Hydrocarbons Law. Besides occupying prominent places in the top rankings of law publishers, the firm employs several university professors and authors of books on the practice areas of the firm. Cavelier Abogados also has a network of 469 correspondents in 143 countries. It was also one of the first Colombian law firms to have its own Code of Ethics, which contains higher standards of conduct compared to local legislation. The firm uses a multidisciplinary approach to find creative, prudent and value generating business solutions that optimize clients' return on investment while minimizing risks.
Contributors Include:
Natalia Tobón-Franco; lawyer from Universidad de los Andes (Bogota, Colombia); L.L.M. in Intellectual Property Law from Franklin Pierce Law Center (New Hampshire, U.S.A.); professor and author of several books and articles on Copyright Law, Freedom of Speech and Entertainment Law; associate at Cavelier Abogados.
Eduardo Varela-Pezzano; lawyer and specialist in Intellectual Property Law from Universidad del Rosario (Bogota, Colombia); L.L.M. candidate on Technology & Intellectual Property Law from the University of Liverpool (Liverpool, U.K.); Intellectual Property Law professor at Universidad del Rosario and author of several books and articles on Freedom of Speech, Patent, Trademark, Copyright and Entertainment Law; associate at Cavelier Abogados.
