A Discretionary Power is approved so that the infractions set forth in the General Customs Act committed by importers, exporters, among other operators, are not temporarily determined or sanctioned.
Through National Deputy Customs Superintendency Resolution No. 001-2020-SUNAT/300000 published on January 17, 2020, Customs was authorized not to sanction various infractions committed by importers, exporters, among other operators.
The following must be taken into consideration in order to apply the abovementioned discretionary power:
(i) The infractions must be expressly included in the Single Annex of such regulation;
(ii) The infractions must have been committed by the operators identified in the Single Annex; and,
(iii) The conditions established for each type of infraction referred to in the regulation subject of discussion must be fulfilled.
One of the main infractions that could be subject to the discretionary power is when the goods are not considered under the import for consumption regime and under the early dispatch modality when this category must be mandatorily applied.
The discretionary power also applies to the infractions committed or identified before the effective date of the provisions subject matter of discussion (January 17, 2020), provided that they have not been determined by Customs.
The deadline established so that Customs does not determine or impose sanctions anymore will be extended until March 31, as a rule, except in specific cases for which a different deadline has been established.
The date of execution for the Peru-Australia Free Trade Agreement has been established.
Through Supreme Decree No. 001-2020-MINCETUR, the date of execution of the Peru-Australia Free Trade Agreement has been established since February 11, 2020.
The content of the abovementioned Agreement can be reviewed here.
According to the information published by the Ministry of Foreign Trade and Tourism (MINCETUR), once this Agreement enters into force, 96% of the tariff universe could be exported to Australia at a tariff rate of 0%, and 93.3% of the tariff universe could be imported from Australia at a tariff rate of 0%.
Procedure for the export of goods is approved.
Through Superintendency Resolution No. 024-2020/SUNAT published on January 30, 2020, the general procedure for “Definitive Export” DESPA-PG.02 (version 7) was approved, taking into consideration not only the amendments made to the General Customs Act and its regulations, but also to the new goods issue process within the framework of the Peru’s Facilitation, Security and Transparency Programme (FAST).
This procedure provides the guidelines and requirements to be followed for the customs clearance of goods under the definitive export regime.
The main changes are: (i) the non-application of the Instructions “Customs Declaration of Goods (DAM)” DESPA-IT.00.04 (version 2), which establishes the information that must be considered in the corresponding export DAM; and (ii) the extension of the terms to regularize the shipping of ore concentrates for up to 7 months.
This regulation will enter into force according to the following schedule: (a) In the Customs Intendency of Paita on January 31, 2020; (b) in the Air and Postal Customs Intendency and the Customs Intendencies of Chiclayo, Iquitos and Tumbes on February 28, 2020; (c) in the Customs Intendencies of Puno and Tacna on March 31, 2020; and (d) in the Maritime Customs Intendency of Callao and other Customs Intendencies on April 20, 2020.
Finally, this regulation establishes that the exporting DAMs, which are numbered under the general procedure for “Definitive Export” DESPA-PG.02 (version 6), and the Instructions “Customs Declaration of Goods (DAM)” DESPA-IT.00.04 (version 2) will continue to be in process in accordance with both provisions.
Procedure related to the authorization and classification of foreign trade operators is approved, and all related regulations are repealed.
Superintendency Resolution No. 023-2020/SUNAT was published on January 30, 2020, and is in force from January 31, 2020. This new resolution approves the general procedure for “Authorization and classification of foreign trade operators” DESPA-PG.24 (version 4).
This procedure provides the guidelines and requirements for obtaining the authorization of foreign trade operators from the Customs Authority, as well as for the modification, renewal, extension or revocation of such authorization.
The main changes, according to the amendments to the General Customs Act and its regulations, include the provisions regarding the classification of the foreign trade operators and the methodology to measure compliance with their customs operations.
As it is known, these provisions are very relevant, because a foreign trade operator classified under Category C will not be able to renew their authorization. It must be considered that, for the purposes of such measurement, the determined infractions by foreign trade operators up to March 31, 2020 will have a weight of 0% (in other words, they will not be considered).
Finally, the following regulations were repealed, among others: (i) Specific procedure “Authorization of floating warehouses to store fuels and lubricants” DESPA-PE.24.02 (version 1) approved by Resolution of the National Deputy Superintendency of Customs No. 137-2011/SUNAT/A; (ii) specific procedure for the “Authorization of fast delivery service companies and temporary warehouses for fast deliveries” DESPA-PE.24.03 (version 1), approved by Resolution of the National Deputy Superintendency of Customs No. 696-2010/SUNAT/A.
INDECOPI ordered the conclusion of investigation procedures without imposing trade defence measures
Resolutions No. 004-2020/CDB-INDECOPI and No. 001-2020/CDB-INDECOPI were published on January 22, 2020, through which the Commission of Dumping, Subsidies and Elimination of Non-Tariff Trade Barriers established the following:
The reason why the anti-dumping duties were not levied is that a significant damage to the national industry was not accredited for the assessed period (January 2013 – December 2017), and a positive development of some analysed economic indicators was noticed.
It is important to note that this procedure was officially initiated by the abovementioned Commission according to Resolution No. 088-2018/CDB-INDECOPI, published in the Official Gazette El Peruano on July 24, 2018.
The reason why the anti-dumping duties were not applied is that during the assessed period (January 2015 – December 2018), the Domestic Industry experienced a positive development in their most important economic indicators, therefore, it is concluded that the threat of damage alleged by the Domestic Industry is not foreseeable or imminent.
Various procedures related to the entry and exit of goods are approved and amended.
The National Superintendency of Customs and Tax Administration (SUNAT) has issued the following resolutions through which it approves various general and specific procedures related to the entry and exit of goods:
(i) The specific procedure “Acts related to the exit of goods and means of transport” DESPA-PE.00.21 (version 1) was approved, which will enter into force according to the following schedule: (a) in the Customs Intendency of Paita, on January 31, 2020; (b) in the Air and Postal Customs Intendency and the Customs Intendencies of Chiclayo, Iquitos and Tumbes on February 28, 2020; (c) in the Customs Intendencies of Puno and Tacna on March 31, 2020; and, (d) in the Maritime Customs Intendency of Callao and the other Customs Intendencies on April 30, 2020.
(ii) The general procedure “Material for Aeronautical Use” DESPA-PG.19 (version 3) was amended on January 31, 2020.
(iii) Circular No. 001-2007/SUNAT/A was repealed (which established the guidelines for the transmission of information and load control to be shipped abroad), which will take effect on April 30, 2020.
These new procedures have been approved as a result of significant amendments to the General Customs Act, and its regulations. This is also in line with Peru’s Facilitation, Security and Transparency Programme (FAST).
Draft regulations on the Single Window for Foreign Trade (VUCE) and Authorized Exporters are published.
The Ministry of Foreign Trade and Tourism (MINCETUR), through Ministerial Resolutions Nos. 09-2020-MINCETUR and 011-2020-MINCETUR, published on January 15, 2020 and January 17, 2020, respectively, the following draft regulations:
The VUCE is an integrated system for foreign trade facilitation managed by MINCETUR which, through electronic means, enables the parties involved in foreign trade and international transport to exchange required or relevant information for entry, exit or transit of goods and the means of national transport, allowing, in turn, to manage documentation and information related to procedures and services that are carried out through said system.
The proposed regulation is important, since the validity of Law No. 30860, Law on the Strengthening of the VUCE, is subject to the publication of the respective regulation. In this context, MINCETUR has granted a deadline of 30 calendar days for interested parties to send their comments to said draft regulation to the following email address: vuce@mincetur.gob.pe The full text of this project, as well as its explanatory statement is available at the following link: https://www.vuce.gob.pe/VUCE.html
The figure of the “authorized exporter” has been included in various trade agreements signed by Peru, such as with Costa Rica, Honduras, Japan and Panama, as well as with the Member States of the European Union and the European Free Trade Association (EFTA), which shall enable the exporter of the goods to issue the relevant certificate of origin, allowing the products exported to enjoy in the country of destination the tariff preferences provided for in the respective trade agreement.
This means that exporters incur lower costs and time, in the process of certifying the origin of their goods, which will directly impact on greater efficiency in their operations. The draft legislation in comment sets out the criteria and the procedure to be followed by an exporter in order to obtain the qualification of “an authorized exporter”.
In this context, MINCETUR has granted a deadline of 30 calendar days for interested parties to submit their comments on the draft legislation to the following email address: origen@mincetur.gob.pe The full text of this draft is available here.
