22/08/2019
The Ministry of Commerce, Industry and Tourism reported that the General Secretariat of the Andean Community (CAN), through Resolution 1999 of April 20, 2017, in which it is stated that the tax imposed by Ecuador on imports of its Community partner, is a contribution that violates the liberalization program (free trade) agreement between the members of this bloc by the Cartagena Agreement.
The Secretariat of the community, explained that after the investigations forward, was established that the customs duty was not due to customs services rendered to importers for the purpose of facilitating trade , as noted by the neighboring country.
In addition, in the first month of this year, Colombia decided to activate the mechanisms of dispute resolution at the General Secretariat of the organization, and he decided to accept the arguments presented by the Ministry of Commerce , to which Peru had also joined.
In this regard, the Minister of Commerce, Industry and Tourism, Maria Lorena Gutierrez, explained that, according to technical analysis by that portfolio, products that would be most affected by the customs duty imposed by Ecuador would automobiles, cosmetics and grooming products.
However, according to the Mincomercio, Ecuador could seek review of this decision through a motion for reconsideration, for which it has a period of 45 days. In turn, the Secretariat of the Andean Community has 30 days to respond that any appeal. And only in the event that this country is able to demonstrate to the Secretariat that with the repeal of the resolution irreparable damage would be generated, it could authorize the neighboring country to maintain the customs rate while studying in depth the resource.
It should be recalled that on November 27, 2017, Analdex had announced that entrepreneurs of the Andean Community of Nations rejected the customs duty imposed by Ecuador. At that time, they said that was illegal because it failed to comply with the current regulations of both the Cartagena Agreement, the GATT (WTO) and the provisions of Multiparty Trade Agreement with the European Union.
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"The new rate of Customs Control Service implemented since 13 November in Ecuador raises questions about fees and charges that are internationally accepted, which could affect commercial activities in both directions" , had explained Analdex .
He added that " it is not clear what control service corresponding to the new Ecuadorian rate or costs or proportionality".