Supreme Decree No. 003-2022-MINCETUR ("Decree"), published on 8 April 2022, approved the sanctions applicable to the infractions provided for in Legislative Decree No. 1492 ("DL 1492"), the central objective of which is that all foreign trade procedures in Peru be 100% virtual as well as more transparent. DL 1492 approved provisions for the reactivation, continuity and efficiency of operations linked to the foreign trade logistics chain.

The Decree implemented the sanctions regime applicable to operators that do not comply with the electronic facilitation and transparency regulations for the logistics chain.

The following are the main provisions of the Decree.

I. Subjects affected

  • Foreign trade operators (OCE), customs warehouses, freight forwarders, international freight forwarders, and shipping lines and their representatives.

II. Main sanctions

Alleged Infringement

Reference

Offense degree

Penalty

Offender

Not incorporating data exchange systems or alternative electronic mechanisms necessary for the validation of documents or information in its processes.

First letter a) of numeral 10.2 of Article 10 of DL 1492.

Major

Up to 10 tax units (UITs)

 

Foreign trade operators:

  • Customs agent
  • International shippers and air cargo carriers or its representative in the country
  • International freight forwarders
  • Customs warehouses
  • International multimodal transport operators
  • Postal service companies
  • Fast delivery service companies

Not implementing systems or other electronic mechanisms that facilitate the fulfillment of processes or procedures necessary for the entry or commercial authorization of delivery of goods, as appropriate.

Third letter a) of numeral 10.2 of Article 10 of DL 1492.

Major

Up to 10 UITs

  • Customs warehouses
  • International freight forwarders

Requiring the presentation of a copy of or the original bill of lading or other additional documents required for entry or commercial authorization of delivery of goods, as appropriate.

Second letter b) of numeral 10.2 of Article 10 of DL 1492

Minor

Up to seven UITs

  • Customs warehouses
  • International freight forwarders

Not using electronic means to validate an agent's representation of the owner, consignee or consignor of goods.

Fourth letter a) of numeral 10.2 of Article 10 of DL 1492

Minor

Up to seven UITs

  • Shipping lines or their representatives
  • Customs warehouses
  • International freight forwarders

 

We trust that this information will be useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.