WORLD TRADE  
ORGANIZATION  G/LIC/N/3/COL/2 
3 August 2004 
 
 (04-3300) 
Committee on Import Licensing Original:   Spanish 
  
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
1 
 
Notification under Article 7.3 of the Agreement on Import Licensing Procedures  
 
COLOMBIA 
 
  The following communication, dated 30 July  2004, has been received from the Permanent 
Mission of Colombia.  
_______________ 
  Outline of systems
 
 1. Pursuant to Article 3 of Law 7(a) of 1991 re gulating Colombia's foreign trade, goods are 
imported and exported in keeping with the principl e of free international trade.  This Law also 
empowers the Central Foreign Trade Council to dete rmine procedures and requirements for imports 
and exports. 
 There is a "free import" regime for imports, similar to an automatic licensing system and the 
"prior licensing" regime, equivalent to a non-automatic licensing system. 
 
I. AUTOMATIC LICENSING 
2. Apart from the goods classified under the prior licensing regime, imports to Colombia are 
free, subject only to the submission to the customs authorities of the import declaration for entry of 
the goods into Colombian territory.  Decree 2680 of 1999 requires import registration (an automatic 
licence in international parlance) with the Minist ry of Trade, Industry and Tourism (MCIT) for 
imports made under a Special Import/Export Programme  and for some imports subject to minimum 
descriptions and authorization from government bodies. 
 The MCIT's General Directorate of Foreign Tr ade is the authority responsible for processing 
import registrations, where appropriate, in accordance with the criteria and procedures established in 
Articles 1 to 20 of Central Foreign Trad e Council Resolution 001 of 2 January 1995. 
 
3. The regime applies to all countries, barri ng exceptions established in specific provisions. 
4. The processing of automatic licences is not inte nded to restrict the quantity or value of 
imports.  Its purpose is, essentially, to apply foreign trade policy, particularly the aspects relating to 
customs and foreign exchange. 
                                                     
 
1 For the questionnaire, see the annex to document G/LIC/3. G/LIC/N/3/COL/2 
Page 2  
 
 5. Decree Law 444 of 1967 and Law 7(a) of 1991.  Law 7(a) of 1991 established the Central 
Foreign Trade Council, which is the body that govern s foreign trade and is in charge of determining 
the import regime for all and each of the products included in the Customs Tariff. 
Procedures
 
 
6. There are no restrictions on the quantity or  value of imports (see point 4 above). 
7. (a) Where appropriate, applications for import registration or automatic licensing must be 
processed by the MCIT's Directorate of Foreign Trade at least two days before the goods are removed from customs. 
 (b) If goods arrive at a port without an impor t registration, the impor ter may apply for one 
to the MCIT's Directorate of Foreign Tr ade, on his own account and under his own 
responsibility.  On obtaining it, he must cl ear the goods within two months of their 
arrival.  Otherwise, he must opt for re-e xportation, abandonment or legalization, as 
provided in the customs legi slation (Decree 2685 of 1999). 
 
 (c) There are no limitations as to the pe riod of the year during which application for 
registration may be made. 
  (d) The MCIT's Directorate of Foreign Trad e is the authority responsible for processing 
applications for import registra tion.  At present, the regist ration is issued one day after 
the application is filed. 
 
 According to Decree 2680 of 1999, the term "authorization" means pre-importation procedures for products that are subject to health  registration or prior sanitary authorization, a 
mandatory technical standard or a phytosanitary or an imal health permit, or that require a sales licence 
or registration or a dynamic test emissions and ozone layer protection control certificate.  The 
following imports are also subject to prior authorizat ion:  fisheries resources, vehicles or vehicle parts 
not subject to a mandatory technical standard, surve illance and private security equipment, radioactive 
isotopes and material, goods for use solely by  the police, and hydrocarbons and gasoline. 
 
8. Import registrations may be refused if the lega l requirements for their authorization are not 
met or if the data supplied by the importer are false or inaccurate.  Applicants are always informed of 
the reason for the refusal. 
Eligibility of importers to apply for registration
 
 9. Any natural person or legal entity in the priv ate sector may apply for import registration. 
Documents and other requirements for licence application
 
 
10. Applications for import registrations must be  made on the special forms issued by the 
Directorate of Foreign Trade, with instructions on the back for users. 
 Resolution 001 of 1995 empowers INCOMEX (now the MCIT's Directorat e of Foreign Trade) 
to determine the documents to be appended to import applications.  Users are informed thereof by 
circular. 
 
11. The documents required upon actual importation ar e set out in Decree 2685 of 1999 (Customs 
Regime) and its Implementing Order 4240 of 2000 on the National Customs and Excise Directorate, and include:  import registration or licence, commer cial invoice, transport document, certificate of  G/LIC/N/3/COL/2 
 Page 3 
 
 
 origin in some cases, documents required by spec ial provisions, power of attorney, packing list where 
applicable and import declaration. 
12. Import registrations are issued free of charge, but  there is a charge of approximately US$10 to 
cover the cost of the import form. 
13. The issuing of registrations is not subj ect to any deposit or advance payment. 
Conditions for the issuing of licences  
 14. The period of validity of automatic import li cences is established in Central Foreign Trade 
Council Resolution 001 of 1995.  At present, it extends for six months from the date of registration.  
Import licences for capital goods on the special list issued by the Central Foreign Trade Council are 
valid for 12 months starting automatically on the date of registration. 
 Automatic licences or regist rations may be used throughout the period of their validity, 
regardless of any change in the import regi me, for part or all of  the goods covered. 
  Automatic licences or import registrations may be  extended for up to three months provided that 
the conditions and requirements in the original regist ration are met and there ha s been no change in the 
import regime for any of the goods covered.  In excep tional cases, duly evidenced,  in particular specially 
manufactured capital goods or products difficult to obtai n in the international market owing to shortage 
of supply, the Deputy Director of Foreign Trade Registration ma y grant further extensions for 
successive periods of up to three months each.  
15. There is no penalty for non-utilization of an au tomatic licence or registration, or a portion 
thereof. 
16. Automatic licences or import registrations 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. 
17. No. 
Other procedural requirements 
 18. No. 
19. The Directorate of Foreign Trade is not respons ible for establishing the availability of foreign 
exchange for payment of imports.  Currently, there is complete availability of foreign exchange to 
cover the value of imports. 
II. NON-AUTOMATIC LICENSING 
1. In issuing non-automatic import licences, the Imports Committee of the Ministry of Trade, 
Industry and Tourism (MCIT) applies the import policy and criteria established by the Central 
Foreign Trade Council. 
Purposes and coverage of non-automatic licensing
 
 
2. Articles 21 to 25 of Central Foreign Trade C ouncil Resolution 001 of 1995 set out the criteria 
and procedures applicable by the MCIT's Impor ts Committee in the processing of non-automatic 
licences.  Imports subject to the prior licensing regime cover goods classified for national security 
reasons, i.e. explosives, armaments and other milita ry equipment;  chemical products used in the G/LIC/N/3/COL/2 
Page 4  
 
 manufacture and processing of narcotic drugs;  def ective, used or remaindered goods and wastes;  
applications for exemption from customs duties;  applications under the annual licensing system;  
non-refundable imports;  and imports by official entities. 
3. The regime applies to all countries, barri ng exceptions established in specific provisions. 
4. The processing of non-automatic licences is not in tended to restrict the quantity or value of 
imports.  Its purpose is, essentially, to apply fore ign 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. 
5. Decree Law 444 of 1967 and Law 7(a) of 1991.  Law 7(a) of 1991 established the Central 
Foreign Trade Council, which is the body that govern s foreign trade and is in charge of determining 
the import regime for all and each of the products included in the Customs Tariff. 
 Article 21 of Central Foreign Trade Council Resolution 001 of 1995 establishes the imports 
which are subject to non-automatic licensing (see point 2 above).  
 Procedures
 
 
6. There are no restrictions on the quantity or value of imports subject to prior licensing. 
 The Constitution confers exclusivity on the National Government for the import of raw 
materials for explosives, armament s and, in general, goods for us e solely by the armed forces. 
 7. (a) Authorizations to import goods subject to prior or non-automatic licensing must be 
processed well ahead of time by the MCIT's Directorate of Foreign Trade, inasmuch 
as Decree 2685 of 1999 provides that, in order to be cleared by customs, the goods must be covered by a prior or non-automa tic licence valid on the date of customs 
clearance. In the case of narcotic drugs, app lications must be submitted to the MCIT's 
Directorate of Foreign Trade in the first 25 days of the month and approval is given in 
the last five days of the month. 
  The above-mentioned Decree authorizes adva nce deliveries of goods in special cases.  
Advance deliveries are those deemed to be urgent, such as medicines or goods needed 
in the event of natural disasters. 
  (b) If goods subject to prior or non-automatic licensing arrive at a port without a licence, 
the importer may apply for one to the MCIT's Imports Committee, on his own account 
and under his own responsibility.  If it is granted, he must clear the goods within two 
months of their arrival.  Otherwise, he must opt for re-exportation, abandonment or 
legalization, as provided in the cu stoms legislation (Decree 2685 of 1999). 
 
 (c) As a rule, there are no limitations as to  the period of the year during which licence 
applications may be made.  However, to ensu re effective control, in accordance with 
the Joint Circular of INCOMEX (now the Directorate of Foreign Trade of the MCIT), No. 059, and the National Narcotics Director ate, No. 01 of 25 July 1995, applications 
for prior or non-automatic licences for imports  of substances clas sified as narcotics 
precursors in National Narcotics Counc il Resolutions 009 of 1987, 007 of 1992 and 001 
of 1995 must be filed with the MCIT's Imports  Committee not later than the 25th day of 
the month preceding the month of importation, subject to a certificate attesting no record of drug trafficking having been obtained from the National Narcotics Directorate.  G/LIC/N/3/COL/2 
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 (d) The MCIT's Imports Committee is the authority that examines and decides on 
applications for prior or non-automatic im port licences.  At present, it take 
approximately five days to issue an import licence. 
 
 In addition to the aforementioned authoriza tions for automatic licensing, in some cases 
authorizations must be obtained from other State bodies, for example:   - Authorization from the Ministry of Health for imports of X-ray apparatus and 
medical and dental equipment; 
 
 - Authorization or permission from th e Food and Drug Surveillance Institute 
(INVIMA) or the ICA for imports of f oods and chemicals, depending on whether 
they are for human or animal use; 
 
 - Authorization from the Ministry of Mining and Energy for applications for exemption 
from customs duties for goods to be used in minerals or  hydrocarbons exploration; 
  - Authorization from the Ministry of Mini ng and Energy for imports of radioactive 
material; 
 
 - Authorization from the National Narcot ics Fund for imports of controlled drugs. 
 8. Non-automatic import licences may be refused  if the legal requirements for their 
authorization are not met or if the data supp lied by the importer are incorrect or inaccurate. 
 Applicants are always informed of the reason for the refusal.  They may appeal against refusals 
under the Administrativ e Disputes Code. 
  If all applications for redress to government bodies fail, they  may apply for judicial review by 
the administrative courts, the procedures for which ar e established in the Admi nistrative Disputes Code. 
 Eligibility of importers to apply for a licence
 
 
9. Any natural person or legal entity, public or pr ivate, may apply for a prior or non-automatic 
import licence. 
 As stated above, exclusivity is conferred on the National Government for the import of 
armaments, raw materi als for explosives, explosives etc., thr ough the military industry, in accordance 
with Decrees 2535 of 1993 and 1809 of 1994. 
 10. Import applications must be made on the special forms issued by the Directorate of Foreign 
Trade, with instructions on the back for users. 
 Resolution 001 of 1995 empowers the MCIT's Im ports Committee to determine the documents 
to be appended to import applications. 
 
11. The documents required upon actual importation are set out inter alia  in Decree 2685 of 1999 
and include:  import registration or licence, commerc ial invoice, transport document, certificate of 
origin in certain cases, documents required by special provisions, power of attorney, packing list 
where applicable and import declaration. G/LIC/N/3/COL/2 
Page 6  
 
 12. Import licences are issued free of charge, but there is a charge of approximately US$10 to 
cover the cost of the import form. 
13. The issuing of licences is not subject to any deposit or advance payment. 
Conditions for the issuing of licences
 
 
14. The period of validity of prior or non-auto matic import licences is established in Central 
Foreign Trade Council Resolution 001 of 1995.   As stated above, under Article 17  et seq.  of the 
Resolution, prior licences are auto matically valid for a period of six months starting on the date of 
approval.  Licences for capital goods on the special list issued by the Central Foreign Trade Council 
have a period of validity of 12 months starting automa tically on the date of approval or registration.  
Licences covering imports of substances classified as narcotics precursors ar e valid for a period of 
three months. 
 Approved licences may be used throughout the pe riod of validity, regardless of any change in 
the import regime, for all or part of the goods covered. 
 
 Import licences may be extended once only and for up to three months provided that application 
is made before the expiry of the licence and is fully justified.  In exceptional cases, duly evidenced, in 
particular specially manufactured capital goods or goods difficult to obt ain in the international market 
owing to shortage of supply, the Imports Committee may grant further extensions for successive periods 
of up to three months each.  
15. There is no penalty for non-utilization of a licence or portion of a licence. 
16. Import licences may be modified if there is a ch ange 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 the military industry (INDU MIL), transfers are not allowed.  Modifications 
of import licences for narcotics precursors are subject to authorization by the National Narcotics 
Directorate. 
 In the case of narcotics prec ursors, no modification may be made  to import licences under the 
headings concerning the importer, quantity, pe riod of utilization of the licence and products. 
 17. No. 
Other procedural requirements
 
 
18. No. 
19. The Directorate of Foreign Trade and in partic ular the Imports Committee, are not responsible 
for establishing the availability of foreign exchange  for payment of imports.  Currently, there is 
complete availability of foreign exchange to cover the value of imports. 
__________