Various provisions related to the reactivation, continuity and efficiency of operations linked to the foreign trade logistics chain are provided.
On May 10, 2020, Legislative Decree 1492 was published, which issued important provisions related to the reactivation, continuity and efficiency of operations linked to the foreign trade logistics chain. These measures include the following:
– The obligation of foreign trade operators to incorporate electronic processes for the validation of documents and information in general is provided.
– The obligation of shipping companies or their representatives in the country, customs warehouses and cargo agents to maintain electronic mechanisms that enable, as appropriate, processes or procedures for commercial authorization of delivery or shipment of goods without physical presentation of the bill of lading or similar document, electronic verification of the representation of the cargo owner, consignee or consignor upon removal of the physical presentation of the bill of lading, etc is provided.
– Some facts are stated regarding the international maritime freight transport contract in relation to: i) the binding force for the parties of what is agreed in said contract; ii) the scope of the contract regarding the service provided, operations, administrative expenses and any related or supplementary cost or expense related to the main service and necessary for the delivery of the cargo; and iii) publication of the details of the services provided in the information module on foreign trade logistics services by the Ministry of Foreign Trade and Tourism (MINCETUR).
– It is provided that it is the responsibility of the owner, consignee or consignor of the cargo to pay those items, freely contracted by them, necessary for the delivery of the merchandise.
– It is provided that the delivery of the merchandise to the user of the transport service is not conditioned to any previous payment for services not previously contracted.
– The Securities Act is amended in order to include “endorsement by proxy” for electronic accreditation of the cargo owner, consignee or consignor.
– Infringements are established for foreign trade operators, shipping companies or their representatives, customs warehouses and cargo agents related to the non-inclusion in their processes of electronic mechanisms for validation of documents or information, the commercial authorization to deliver or ship the merchandise, pick up or return containers etc.
The audit procedures shall be carried out by the MINCETUR and the fines shall amount to amounts of up to 10 Tax Units (UIT).
– It is reiterated that it constitutes an infringement the fact that the operators included in number 10.2 of the Foreign Trade Facilitation Act (Law 28977) do not submit and/or update the information that must be published in the information module on external trade logistics services by MINCETUR. Such non-compliance would result in the initiation of a sanctioning procedure with the application of sanctions not exceeding 10 Tax Units (UIT).
For reference, the operators mentioned in number 10.2 of the aforementioned Act are the following:
• Administrators or concessionaires of international ports, airports or land terminals.
• International road freight transport companies.
• International cargo agents.
• Customs warehouses providing public services.
• Shipping and airline lines or their representatives.
• Shipping agents.
• Multimodal transport operators.
• Postal service companies.
• Fast delivery service companies.
• Customs agents.
• Those service providers that are incorporated into the General Customs Act as foreign trade operators.
