The Ministerial Agreement MPCEIP-MPCEIP-2023-0030-A (the Regulation) issued on July 3, 2023, and published in the Official Gazette 355 of July 18 of the same year, the Ministry of Production, Foreign Trade, Investment and Fisheries established the parameters (thresholds) to strengthen the risk profile and customs control system against possible circumstances of customs fraud, money laundering and other illicit operations.
These thresholds will be applied to imports under a definitive importation regime (Regime 10) of textiles and its manufactured goods classified in chapters 52, 53, 54, 55, 55, 58, 60, 61, 62 and 63 of the National Tariff.
Annex 1 of the Regulation details the 527 tariff subheadings that will be subject to the special reasonable doubt procedure of the National Customs Service of Ecuador (SENAE), when the Authority verifies that the FOB value per kilo declared is less than or equal to the thresholds established for each subheading, which range between US$4.00 and US$20.00 per kilo.
Once the reasonable doubt procedure has been initiated, the importer is able to justify that the declared value is equal to the price actually paid or payable for the imported goods within 5 working days. This procedure is regulated in the “Specific Manual for Applying the Reasonable Doubt Procedure” which may be reviewed in the following link: https://www.aduana.gob.ec/gaceta-resolucion/SENAE-SENAE-2021-0050-RE/
The provisions of the Regulation must be implemented by SENAE within 60 days from its promulgation in the Official Gazette.
This measure is not applicable for imports made by Authorized Economic Operators (AEO), imports exempted from payment of foreign trade taxes, and imports shipped prior to the enactment of the Regulation.
The complete text of the Regulation may be review in the following link:
ACUERDO Nro. MPCEIP-MPCEIP-2023-0030-A
Andrea Moya, Partner at CorralRosales
amoya@corralrosales.com
+593 2 2544144
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