Non-Intrusive inspection for customs matters

The President issued the Executive Decree 227 on October 19, 2021, by which the customs regulations were amended to allow non-intrusive inspections. Below a summary of the mos important matters:

1.    Definitions:

The following 3 definitions were added:

•    Non-intrusive equipment: Equipment, machines or devices that have a source of X-ray emission, which allow through tunnels and arches to obtain images from different angles, which have an interface or computer system with a series of tools that allow the discrimination of densities by color, size increase, mobilization, management of brightness, contrast, measurement, among other tools.

•    Physical inspection: Action carried out by the competent authorities, which may be performed simultaneously, in order to verify the nature, origin, condition, quantity, value, tariff classification and regulatory treatment of the goods.

•    Non-intrusive inspection: Action carried out by the competent authorities, which may be performed simultaneously, in order to verify the nature of the goods, through the use of non-intrusive equipment that allows scanning the merchandise inside a container, cargo unit, packaging, package or any other object, without having to unload it, in order to compare with the information in the customs declaration and verify compliance with the applicable regulations.

2.    Non-intrusive physical inspection

The non-intrusive physical inspection was included. Through this type of inspection, the nature and other characteristics of the goods will be verified by means of the exclusive use of non-intrusive equipment and applying risk profiles established by the Customs Authority.

3.    Control with non-intrusive equipment

In the case of imports, the Customs Authority will establish which customs warehouses must have the necessary equipment for non-intrusive inspections to be made to goods, cargo units and means of transport that have been risk profiled.

In the case of exports, all goods, cargo units and means of transport will be subject to controls with non-intrusive equipment by the Customs Authority.

The Customs Authority will have a term of 60 days to establish the minimum requirements to be met by the non-intrusive equipment. Once these requirements are established, the Customs Authority must establish which warehouses, ports, airports, and border crossings require the implementation of such equipment, which must operate within 12 months from the publication of the decree in the Official Gazette.

4.    Concurrent control

The Customs Authority may request documents different from the supporting and accompanying customs documents in order to establish the accuracy and veracity of the data included in the customs declarations.