The First Ecuadorian Customs Law Conference concluded on Wednesday, November 20, 2024 with important results that mark a milestone in the study and practice of Customs Law in Ecuador and the Andean region, which includes Bolivia, Colombia, Ecuador and Peru. This event brought together more than 500 participants, among academics, professionals, customs agents, foreign trade operators, lawyers, and students, who joined the debate on the challenges and opportunities of foreign trade.
Key takeaways from panels and conferences
Axis 1: Customs regulation within the framework of international trade agreements
- Correct implementation of international commitments arising from trade agreements, such as those related to trade facilitation and rules of origin, is crucial to promoting competitiveness and ensuring legal certainty in customs operations.
- Harmonization of customs procedures and regulations at regional and international levels, such as in the Andean Community, improves interoperability and reduces barriers to trade.
- The importance of international cooperation to address common challenges was highlighted, such as the new protectionist dynamics in some developed countries, the complex trade relationship between the US and China, smuggling and the undervaluation of goods.
Axis 2: Customs valuation and tariff classification of goods
- Proper valuation and classification of goods is essential to correctly determine applicable duties and taxes, as well as to prevent tax evasion and smuggling.
- The valuation methods established in the WTO Value Agreement, as well as in the Andean standards that regulate the subject matter, are fundamental tools, but their correct application requires continuous training to avoid controversies and guarantee equity in trade.
- Technology, such as the use of artificial intelligence and digital tools, can streamline classification and valuation processes, but customs authorities need to adopt clear regulations and practices to effectively integrate them.
Axis 3: Customs infringements and sanctions
- The regulatory framework must ensure proportionality and clarity in the classification of infringements and the imposition of sanctions, promoting a balance between the prevention of illicit activity and the facilitation of trade.
- Digitizing and automating customs procedures can significantly reduce violations resulting from human error and improve transparency in operations.
- The need to strengthen the investigative and auditing capabilities of customs authorities in order to effectively combat smuggling and fraudulent operations was emphasized.
Axis 4: Relevant jurisprudence in customs matters
- Case law plays a key role in the uniform interpretation and application of customs rules, especially in an environment where rules are constantly evolving due to globalization and digitalization.
- The cases analyzed demonstrated the relevance of national and international courts in resolving disputes related to customs valuation, classification and sanctions.
- The importance of transparency and access to information on judicial precedents was highlighted, allowing economic operators to better understand their rights and obligations.
The various speakers and panellists at the Conference stressed the need for constant updating of knowledge in customs law to face the challenges arising from the digitalisation and globalisation of trade. The integration of technological advances, international cooperation and a focus on training and regulatory clarity emerged as indispensable elements to strengthen efficiency, predictability and justice in customs operations.
The Quito Declaration and the birth of the Andean Forum on Customs Law
One of the historic results of these meetings was the adoption of the Quito Declaration, a document that established the Andean Forum on Customs Law. This space will be key for dialogue and inter-institutional and interdisciplinary cooperation, promoting analysis, research and dissemination of Customs Law in the region.
This document was initially signed by César Montaño Galarza, Rector of the Universidad Andina Simón Bolívar (UASB-E), and Fernanda Inga, President of the Ecuadorian Institute of Customs Law (IEDA)
In addition, the event was opened for signature by exhibitors, panelists and attendees, consolidating the collective commitment to generate comparative studies on customs regulations and their practical application in the Andean region; develop proposals for optimizing customs procedures, considering the challenges of digitalization and the digital economy; promote the training and constant updating of lawyers, customs operators and authorities on topics such as valuation, classification and litigation in customs matters; and also to promote the publication of books and scientific articles aimed at strengthening the specialized analysis of Customs Law in the Andean region.
Calls to continue building the future of Customs Law
The conference concluded with a call for new IEDA members, inviting all those who share the passion for Customs Law to join and be an active part of this professional community. In addition, a second call was extended for publication in the annual magazine Customs World, a space for researchers, academics and professionals interested in contributing to the theoretical and practical development of Customs Law.
Customs Law, more relevant than ever
According to its organizers, “these conferences have reaffirmed the importance of Customs Law for the economic development of the Andean region, leaving an encouraging outlook for its future: more debate, more research and more collaborative action.” They also expressed their gratitude to all the attendees and to those who made this great event possible, highlighting that “the commitment continues, because at IEDA, we are united by Customs Law.”
We would like to thank Dr. Fernanda Inga for her collaboration in the preparation of this article.
Aduana News is the first Argentine customs newspaper to launch its digital version. With 20 years of experience, its publications and initiatives aim to provide the most relevant knowledge on customs issues in order to contribute to safe trade in the region.
