For the application of this Law, the following concepts are defined:
ARRIVAL (ARRIBO): Arrival of vehicles and transport units at a customs port. It obligates presenting them to the customs authority to exercise customs control upon reception.
CUSTOMS AUTHORITY (AUTORIDAD ADUANERA): Official of the Servicio Nacional de Aduanas who, by reason of their position and by virtue of the competence granted, executes or applies customs regulations.
Capital goods (Bienes de capital): goods used together with other factors of production to produce, in turn, other goods and services.
(As added the preceding definition by Article 2, numeral 47) of Ley N° 10271 of June 22, 2022) PACKAGE (BULTO): Unit used to contain goods. It may consist of boxes, bales, cylinders, and other forms of presentation of the goods, according to their nature.
Electronic mailbox (Buzón electrónico): virtual document space assigned to tax obligors, taxable persons, and auxiliaries of the public customs function for the delivery and notification of documents and communications relating to the procedures and formalities within the competence of the Servicio Nacional de Aduanas and the Tribunal Aduanero Nacional.
(As added the preceding definition by Article 2, numeral 47) of Ley N° 10271 of June 22, 2022) DIGITAL CERTIFICATE (CERTIFICADO DIGITAL): Document electronically signed by the certification service provider that links signature verification data to a signatory and confirms their identity.
BILL OF LADING (CONOCIMIENTO DE EMBARQUE): Document of title representing goods, which contains the contract entered into between the shipper and the carrier to transport them to the national territory and designates the consignee thereof. For the purposes of the customs legal regime, it is equivalent to the terms Bill of Lading (B/L), air waybill, or consignment note.
Declarant (Declarante): person who makes or in whose name a goods declaration is made; the importer or consignee, in the case of importation of goods; exporter or consignor, in the case of exportation of goods; and the auxiliaries of the public customs function who act in their own name or on behalf of third parties before the Servicio Nacional de Aduanas. In the case of auxiliaries of the public customs function acting on behalf of third parties, the provisions directed at the declarant shall be understood as directed at the auxiliary and the third party they represent, except where expressly stated otherwise in this law. In the case of entry of goods into the national customs territory and in the transit regime, the declarant shall be understood as the auxiliary who has the authority to declare the customs entry and/or transit.
(As added the preceding definition by Article 2, numeral 47) of Ley N° 10271 of June 22, 2022) WITHDRAWAL OF APPLICATION (DESISTIMIENTO): Voluntary renunciation of the customs procedure pertaining to the requested regime, freely expressed by the declarant.
CUSTOMS CLEARANCE (DESPACHO ADUANERO): Set of operations and acts necessary to comply with a customs regime; it concludes with the release (levante) or disposal of the goods.
SECURITY DEVICES (DISPOSITIVOS DE SEGURIDAD): Mechanisms such as seals, seals, or customs seals placed on transport units or forming a structural part thereof, in accordance with pre-established construction standards in such a way that no goods can be extracted or introduced without leaving a visible mark of fracture or breakage.
TRANSPORT ELEMENTS (ELEMENTOS DE TRANSPORTE): Wrapping, packaging, pallets, and other protective devices for goods that prevent possible damage during the handling and transport of the goods.
LOADING AND UNLOADING (EMBARQUE Y DESEMBARQUE): Process by which transport units are loaded onto or unloaded from vessels or vehicles.
Error (Error): constitutes a mere, elementary, evident, manifest, ostensible, and indisputable mistake, implying by itself the evidence thereof, without further reasoning and revealing itself by its mere contemplation.
(As added the preceding definition by Article 2, numeral 47) of Ley N° 10271 of June 22, 2022) TRANSITORY PARKING (ESTACIONAMIENTOS TRANSITORIOS): Authorized and duly delimited area where transport units and their cargoes with security devices may be temporarily deposited, in order to request a customs regime for the goods.
PRIOR EXAMINATION (EXAMEN PREVIO): Inspection or examination of goods under customs supervision, carried out by the consignee or the customs agent representing them, for the purpose of correctly declaring the information or data required for the clearance of the goods.
EXEMPTION (EXENCION): Temporary or definitive dispensation from payment of taxes on the importation or exportation of goods.
COMMERCIAL INVOICE (FACTURA COMERCIAL): Document issued in accordance with commercial uses and customs, evidencing a sales contract for goods or services, issued by the seller in the name of and for the account of the buyer.
ELECTRONIC SIGNATURE (FIRMA ELECTRONICA): Result of obtaining, through mechanisms or devices, a pattern that is biunivocally associated with a natural or legal person and their intention to sign.
CHARTERER (FLETADOR): Shipper who must deliver to the carrier the goods subject to the contract of land, sea, or air transport, on board the vessel.
FRANCHISE (FRANQUICIA): Total or partial exemption from import duties and taxes granted to goods when they are imported under certain conditions by a specific person or for a specific purpose.
CUSTOMS MANAGEMENT (GESTION ADUANERA): Set of activities and actions carried out by the Sistema Aduanero Nacional in the exercise of their attributions, powers, obligations, and duties, established by the customs legal regime, to enforce compliance with customs regulatory precepts and provide service to users.
CARGO MANIFEST (MANIFIESTO DE CARGA): Document issued by the person responsible for transporting the goods; it contains the description of the packages or other transport elements of any kind on board the vehicle, except postal items and those of crew members and passengers.
OPERATIONAL MANUALS (MANUALES OPERATIVOS): Systematic set of provisions issued by the Dirección General de Aduanas. It regulates the manner in which procedures and the exercise of duties by customs personnel are to be carried out.
HOUSEHOLD GOODS (MENAJE DE CASA): New or used goods that, without being baggage, are normally used for the comfort or decoration of a home.
Raw material (Materia prima): any good that is transformed during a production process until it becomes a consumer good.
(As added the preceding definition by Article 2, numeral 47) of Ley N° 10271 of June 22, 2022) GOODS (MERCANCIA): Object capable of being appropriated and, therefore, imported or exported, classified in accordance with the customs tariff.
Goods of the same nature (Mercancías de igual naturaleza): goods that are related to what is declared, in terms of their description, quality, commercial standing, and the existence of a trademark.
(As added the preceding definition by Article 2, numeral 47) of Ley N° 10271 of June 22, 2022) CUSTOMS LEGAL REGIME (RÉGIMEN JURIDICO ADUANERO): Set of legal and regulatory provisions applicable to goods, vehicles, and transport units subject to international trade, as well as to persons involved in customs management.
Tax obligor (Obligado tributario): natural or legal person who must comply with tax obligations, both formal and payment-related, established in the Código de Normas y Procedimientos Tributarios and the Ley General de Aduanas.
(As added the preceding definition by Article 2, numeral 47) of Ley N° 10271 of June 22, 2022) ADMINISTERING BODY OF A REGIME (ÓRGANO ADMINISTRADOR DE UN RÉGIMEN): Entity or body other than the customs authority, designated by law to administer a regime of a customs nature.
CERTIFICATION SERVICE PROVIDER (PRESTADOR DE SERVICIOS DE CERTIFICACION): Natural or legal person, public or private, that issues certificates or provides other services in relation to the electronic signature.
CUSTOMS PORT (PUERTO ADUANERO): Place designated by the customs authority for the arrival of goods in maritime, air, or land traffic.
SURCHARGES OR CHARGES (RECARGOS O CARGAS): Accessory fiscal impositions added to the customs tax liability. With the exception of fines, this category includes late-payment interest and occasionally other services provided by the customs authority and expenses caused by the transport or deposit of the goods.
RECEIVER OF GOODS (RECEPTOR DE MERCANCIAS): Auxiliary of the public function or not, authorized to receive goods subject to customs control, under the customs regimes of inward processing (perfeccionamiento activo) and/or free zone (zona franca).
RE-EXPORTATION (REEXPORTACION): Departure, once the formalities and obligations imposed by a customs regime have been fulfilled, of goods previously brought in, without their definitive importation having been completed.
LEGAL AUTHORIZED ROUTES (RUTAS LEGALES HABILITADAS): Public roads whose use is mandatory for the customs transit of goods. These shall be defined by the regulation or the customs authority, as the case may be.
COMPUTER SYSTEM (SISTEMA INFORMATICO): Computer-assisted information system.
ELECTRONIC DATA TRANSMISSION (TRANSMISION ELECTRONICA DE DATOS): Exchange of data between entities using electrical, magnetic, optical, microwave, radio wave, and similar means.
TRANSPORT UNIT (UNIDAD DE TRANSPORTE): Compartment, totally or partially enclosed, specially fitted to contain goods for repeated use without intermediate cargo handling, with an internal volume of at least one cubic meter, designed to facilitate the transport of goods; with devices that facilitate handling and other structures specially designed to transport goods that, due to their nature or characteristics, cannot be used in enclosed spaces, in accordance with regulatory technical standards.
VEHICLE (VEHICULO): Any automotive means of transporting persons, cargo, or transport units. For the purposes of this law, a vehicle with a cargo compartment shall be considered a transport unit.
(As modified its numbering by Article 1 of Ley N° 8013 of August 18, 2000, which transferred it from 251 to 266) (As amended by Article 1 of Ley N° 8373 of August 18, 2003) (As modified its numbering by Article 1, numeral 16) of Ley N° 10271 of June 22, 2022, which transferred it from the former Article 266 to 270)
SALE OF SERVICES (This chapter was repealed by Article 3 of Law No. 10271 of June 22, 2022)