Ban on import and re-export of goods infringing Intellectual Property rights remains
Por: Manuel Antonio RodrÃguez
The new Customs Tariffs, published in the Official Gazette No. 2681, dated December 30, 2016, based on Decree 2,647 of the same date, confirmed the prohibition of customs clearance and re-export of merchandise that violates Intellectual Property Rights first issued with the Customs Tariffs of 2005.
Said instrument explicitly provides as follows:
Article 31. The importation and re-exportation of goods in violation of validly recognized intellectual property rights is prohibited throughout the National Territory.
In connection with this administrative oversight and control activity, it is worth noting that:
Article 34. If goods which importation, exportation, transportation or re-exportation are prohibited are placed in custody of the customs authority, the accepting consignee or, failing that, the carrier or forwarding agent shall, as the case may be, be responsible for all costs of reshipment, storage, handling, waste management, treatment, destruction, immobilization and environmental isolation.
Regarding all the compliance activities and those more sensitive tending to the preservation of public health, it is necessary to recognize the practical importance of the levels of interaction that the Customs and Tax Administration (SENIAT) has with other authorities such as the National Autonomous Service of Standardization, Quality, Metrology and Technical Regulations (SENCAMER):
Article 25. It is prohibited the importation and national transit of garments (textiles) and footwear that fail to comply with the Technical Regulations governing their labeling, as well as the importation and national transit of food, pharmaceuticals, veterinary products, cosmetics and surgical medical supplies that fail to comply with the regulations regarding the packaging, labeling, leaflets, or legends. Such determination will be implemented by the Customs Administration in conjunction with the competent national authority.
Article 23. In the case of free zones or ports, the Certificate of Registration issued by the National Autonomous Service of Standardization, Quality, Metrology and Technical Regulations (SENCAMER) shall become enforceable together with the Customs Declaration. In the case of free zones, customs warehouses (In Bond), temporary admission (AT) and temporary admission for inward processing (ATPA), the Certificate of Registration will be required when the goods are intended to be used or consumed within the National Territory.