WORLD TRADE  
ORGANIZATION  G/LIC/N/3/COL/3 
20 October 2005 
 (05-4820) 
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 14 October 2005, is being circulated at the request of the delegation of Colombia. 
 
_______________ 
  
Notification Concerning the Year 2004
 
 
 
Outline of systems  
 1. As a rule, imports to Colombia are free except as otherwise provided by national legislation.  
There are three import regimes, i.e.:  without regist ration;  the "free import" regime, similar to an 
automatic licensing system;  and the "prior licensi ng" regime, equivalent to a non-automatic licensing 
system. 
 Pursuant to Article 3 of Law 7(a) of 1991 regulating Colombia's foreign trade, goods are 
imported and exported in keeping with the principle of free international trade.  This Law empowers 
the Central Foreign Trade Council to determ ine procedures and requirements for imports. 
 I. WITHOUT REGISTRATION 
The only requirement under this regime is the submission of a final import declaration to the 
customs authorities.  
II. 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. 
                                                     
 
1 For the questionnaire, see the annex to document G/LIC/3. G/LIC/N/3/COL/3 
Page 2  
 
  The MCIT's Directorate of Foreign Trade is the authority responsible for processing import 
registrations, where appropriate, in accordance w ith 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. 
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.  G/LIC/N/3/COL/3 
 Page 3 
 
 
 Documents and other requirements for licence application  
 10. Applications for import registration 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 
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. G/LIC/N/3/COL/3 
Page 4  
 
 III. 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 
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 entiti es, other than for gasoline and urea.  The prior 
licensing list updated at 2004 is appended. 
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. As a rule, the prior licensing regime does not c over imports of products subject to quantity or 
value restrictions.  However, when  circumstances so require, certain goods – in this instance oils and 
sugar – may be brought under this regime. 
 In the case of oils, the Na tional Government issu ed Decree 3519 of 5 December 2003, bringing 
imports from the Andean Community of refined soya b ean and sunflower seed oils, and mixtures of fats 
and oils, under the prior licensing regime, with an import quota of 1,105,971 litres a month, which was 
extended in August 2004 for a further six months.   In the case of sugar, the National Governme nt issued Decree 3981 of 29 November 2004, 
bringing sugar imports from the Andean Community under the prior licensing regime, with a quota of 
17,500 tonnes, for a period of 6 months. 
  I. Rules such as the above  are issued by Government decree and are accordingly 
published in the Official Journal.  A circular is sent to users by the Ministry of Trade, 
Industry and Tourism, informi ng them of the relevant rules, quantitative restriction, 
procedure for obtaining quota shares, and duration of the measure.  It is also sent to the 
Andean Community General Secretar iat for analysis and publication. 
  II. Quota volume is determined on a yearly basis as a proportion of average imports.  G/LIC/N/3/COL/3 
 Page 5 
 
 
  
 III. The allocation of licences is subject to  the requirements laid down in the applicable 
rules.  Quota shares are fixed on a monthly ba sis and must be used within the month for 
which the prior licence was granted.  Unused  shares may not be carried forward to the 
following month. 
 
 IV. Decrees apply with immediate effect fo llowing publication in the Official Journal. 
  V. Five working days.  
 VI. Once a licence has been issued, it must be used immediately within the month in which 
it was granted. 
  VII. The Imports Committee of the Ministry of Trade, Industry and Tourism is the sole body 
in charge of examining and approving import licences.  Prior licences are presented to 
the customs authorities at the time of actual import. 
  VIII. Allocations are made on a percentage ba sis among historical importers according to the 
level of imports over the past three year s;  a lesser portion is divided among non-
traditional importers. 
 
 IX. Not applicable. 
  X. Not applicable.   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, applications 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 
Joint Circular of INCOMEX (now the Dir ectorate of Foreign Trade of the MCIT) 
No. 059 and the National Narcotics Directorat e No. 01 of 25 July 1995, applications for 
prior or non-automatic licences for imports of substances classi fied 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 G/LIC/N/3/COL/3 
Page 6  
 
 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. 
  (d) The MCIT's Imports Committee is the authority that examines and decides on 
applications for prior or non-automatic import licences.  At present, it takes 
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  G/LIC/N/3/COL/3 
 Page 7 
 
 
 origin in certain cases, documents required by special provisions, power of attorney, packing list 
where applicable and import declaration. 
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  (INDUMIL), transfers are not allowed. 
 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. 
__________