On February 28, 2025, Supreme Decree No. 027-2025-EF was published, by means of which Supreme Decree No. 189-2024-EF (which provided for structural changes that sought, in essence, to eliminate the Drawback benefit conceived as the refund of a percentage of the FOB export value, as it had been applied since 1995) and 197-2024-EF (which provided to defer the entry into force of these changes) were repealed.
Below is a table with an indication of the aspects that were sought to be modified with the repealed regulations, showing how they are maintained to date:
CUADRO
It should be noted that the regulations governing the Drawback benefit provide for compliance with various requirements, in addition to those mentioned above, related to the imported inputs, the goods to be exported, the production process and the condition of the producing-exporting company, applicable deadlines, export value ceilings, business linkage, formalities and documentary traceability, among others.
In recent years there has been an increase in the number of inspection procedures carried out by the Customs Authority for non-prescribed periods, which require the Drawback beneficiary to prove full compliance with the drawback requirements.
The contingencies that could result from an undue drawback are related to the refund of the amount unduly refunded or in excess, the application of fines of up to 200% of such amount and the application of late payment interest.
For further information, please contact Julio Guadalupe (jguadalupe@estudiorodrigo.com) and/or Juan Acuña (jacuna@estudiorodrigo.com).
