Basic information
Outline of the system
When issuing non-automatic import licences, the MinCIT Imports Committee applies the import policy and criteria established by the National Government.
Product coverage
Chapter II of Decree No. 925 of 2013 covers the imports subject to the prior licensing regime, the definition thereof and other relevant information applicable by the MinCIT Imports Committee in the processing of non-automatic licences.
Electronic applications for prior licences must be submitted through the VUCE.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The processing of non-automatic licences is not intended to restrict the quantity or value of imports. Its purpose is, essentially, to apply foreign trade policy according to clearly established criteria and to make it easier for users to complete the procedures for foreign trade operations required by the various government agencies involved in foreign trade.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The regime applies to all countries, barring exceptions established in specific provisions.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Decree Law No. 444 of 1967 and Law No. 7(a) of 1991 form the legal basis for the processing of non-automatic licences. Law No. 7(a) of 1991 established the Higher Council for Foreign Trade, which is the body that governs foreign trade and is in-charge of determining the import regime for each product included in the Customs Tariff.
Article 14 of Decree No. 925 of 2013 establishes which imports are subject to non-automatic licensing. Annex 1 to this Decree lists the tariff subheadings for which the National Government established the prior licensing regime.
Pursuant to Decree No. 723 of 10 April 2014, the following tariff subheadings have been excluded from the above-mentioned Annex 1: 8429.11.00.00, 8429.19.00.00, 8429.51.00.00; 8429.52.00.00, 8429.59.00.00, 8431.41.00.00, 8431.42.00.00 and 8905.10.00.00.
Decree No. 2133 of 2016 made mercury imports under subheading 2805.40.00.00 subject to non-automatic import licensing.
Decree No. 613 of 2017 introduced non-automatic licensing for the import of seeds for sowing, cannabis plants, cannabis, derivatives of cannabis and cannabis products.
These decrees are available at http://www.mincit.gov.co/normatividad/decretos.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Any natural or legal person in the private or public sector may apply for a prior or non automatic import licence, either directly or through a customs agency or a duly accredited special representative.
Exclusivity is conferred on the National Government for the import of armaments, raw materials for explosives, explosives, etc., through Industria Militar (INDUMIL), in accordance with Decrees Nos. 2535 of 1993 and 1809 of 1994.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Ministerio de Comercio, Industria y Turismo (MinCIT) – Dirección de Comercio Exterior (Ministry of Commerce, Industry and Tourism (MinCIT) – Foreign Trade Directorate)
Address
Calle 28 No. 13 A – 15 Piso 16
Telephone
(+57) 1 606-7676
Fax
(+57) 1 606-7521
Contact officer
Mr. Luis Fernando Fuentes
Submission of an application
Administrative body(ies) for submission of an application
Ministerio de Comercio, Industria y Turismo – Comité de Importaciones (Ministry of Commerce, Industry and Tourism – Imports Committee)
Documentation requirements
What information is required in applications?
Applications for import registration must be submitted electronically through the Single Window for Foreign Trade (VUCE) to the MinCIT Imports Committee. This Single Window was created by Decree No. 4149 of 10 December 2004. The computer software designed for that purpose enables the user to send the application to the entities responsible for granting permits, authorizations or prior approval for the importation of goods where required before it is examined by the Imports Committee. The import licence application form and the relevant instructions can be accessed at: http://www.vuce.gov.co/vuce/vuce-2-0.
What documents is the importer required to supply with the application?
Applications must be accompanied by the documents attesting to the specific conditions of each operation; for example, in the case of goods under special market conditions, the supporting documents must include a technical data sheet, catalogues, etc. (Article 5 of Decree No. 925 of 2013).
Users are informed by circular of the documents to be appended to import applications, without prejudice to the provision in Decree No. 925 of 2013 authorizing requests that the importer supply any additional information needed to assess the application.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Authorizations to import goods subject to prior or non-automatic licensing must be processed well ahead of time by the MinCIT Directorate of Foreign Trade, inasmuch as Decree No.1165 of 2019 provides that, in order to be cleared by customs, the goods must be covered by a prior or non-automatic licence valid on the date of customs clearance.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the time of year when licence applications may be made.
Issuing the license
Can a licence be granted immediately on request?
If goods subject to prior or non-automatic licensing arrive at a port without a licence, the importer may apply to the MinCIT Imports Committee for a prior licence, on the importer's own account and under the importer's own responsibility. If the licence is granted, the goods must be cleared within one month of their arrival. Otherwise, the importer must opt for reshipment, abandonment or legalization, as provided in the customs legislation (Decree No. 1165 of 2019).
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
However, there is no regulation to prevent a non-automatic licence from being obtained if the import is permissible, even if the goods are in Colombia.
Which administrative body is responsible for approving application of licences?
Applications for import licences, amendments thereto or cancellations thereof are submitted through the Single Window for Foreign Trade (VUCE).
Must the applications be passed on to other organs for visa, note or approval?
Licence applications are examined by a single administrative body, namely the Imports Committee of the MinCIT Directorate of Foreign Trade, unless the goods to be imported require permits or prior authorizations from the relevant authorities. In these cases, the entities forming part of the VUCE must process applications for import under the non-automatic licensing (prior licensing) regime within two working days of the competent entity receiving the application via the VUCE, provided that the applicant has met all the relevant requirements. The MinCIT must then decide within one working day on the import licence applications, accompanied where applicable by the approvals delivered by the VUCE entities. The requirements, permits and authorizations are specified in Article 25 of Decree No. 925 of 2013.
Are there any other conditions attached to the issue of a licence?
No, there are no conditions attached to the issue of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
A fee of approximately USD 7.50 is charged for applications for non-automatic licences. With the implementation of the VUCE 2.0 platform, the purchase of software for the mass transmission of applications was abolished since importers can use the platform for this purpose. Importers were notified of this change through Circular No. 037 of 2018 of the MinCIT Directorate of Foreign Trade.
Is there any deposit or advance payment required associated with the issue of licences?
The issuing of licences is not subject to any deposit or advance payment.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Non-automatic import licences may be refused if the legal requirements for their authorization are not met or if the data supplied by the importer are incorrect or inaccurate.
Are the reasons for any refusal given to applicants?
Applicants are always informed of the reason for the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
They may appeal against refusals under the Administrative Disputes Code.
If so, to what bodies and under what procedures?
If all applications for redress to government bodies fail, they may apply for judicial review by the administrative courts, the procedures for which are established in the Administrative Disputes Code.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The documents required upon actual importation are set out in Article 556 of Decree No. 1165 of 2019 (Customs Regime) and its Implementing Order No. 46 of 2019 of the National Tax and Customs Directorate (DIAN), and include: import registration or licence, where applicable; commercial invoice, where applicable; transport document; packing list, where applicable; certificate of origin or certificate of health, where applicable; documents required by special provisions; power of attorney, where there is no customs endorsement and the import declaration is submitted through a customs agency or a representative; Andean Value Declaration and supporting documents, where applicable; sales contract or document attesting that foreign products subject to consumption tax are destined for third countries, where applicable, in accordance with Article 18 of Law No. 677 of 2001, as amended by Article 1 of Law No. 1087 of 2006; and import declaration.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of prior or non-automatic import licences is established in Decree No. 925 of 2013. Under Article 6 of the Decree, non-automatic licences are valid for a period of six months starting on the date of approval.
Licences for capital goods on the special list issued by the Higher Council for Foreign Trade have a period of validity of 12 months starting on the date of approval. Licences covering imports of substances classified as narcotics precursors are valid for a period of three months. In the case of products subject to requirements, permits or authorizations by other control entities, the validity of the licence will depend on the date on which the permit was granted, without exceeding the aforementioned time-limits.
Import licences may be extended by the Imports Committee for a period of three months, provided that application is made before the expiry of the licence originally granted.
In duly evidenced cases, a further extension may be granted for another three months and, in the case of capital goods, further extensions may be granted for successive periods of up to three months each, without exceeding 12 months. For functional units, indefinite extensions may be granted for successive periods of up to three months each.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No sanctions are imposed for the non-utilization or partial utilization of a non-automatic licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Non-automatic import licences may be modified if there is a change of importer. In such cases the relevant application must be signed by both the assignor and the assignee. In the specific case of goods imported solely through INDUMIL, transfers are not allowed.
In the case of narcotics precursors, no modification may be made to import licences under the headings concerning the importer, period of utilization of the licence, or products covered. Approval by the National Narcotics Council is needed for any other accepted change.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The MinCIT is not responsible for establishing the availability of foreign exchange for payment of imports.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
There is currently complete availability of foreign exchange to cover the value of imports.