. /.   WORLD TRADE  
ORGANIZATION  WT/DS366/15 
9 April 2010 
 
 (10-1856) 
 Original:   English 
  
 
COLOMBIA – INDICATIVE PRICES AND 
RESTRICTIONS ON PORTS OF ENTRY 
 
Status Report by Colombia
 
 
 
 The following communication, dated 30 March 2010, from the delegation of Colombia to the 
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.  
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Status Report regarding Implementation and Compliance 
 
of the DSB Recommendations and Rulings in the Dispute  
Colombia – Indicative Prices and Restrictions on Ports of Entry  
(WT/DS366)  
 
  Pursuant to its obligations under Article 21.6 of the DSU, Colombia wishes to inform the 
Dispute Settlement Body that it has fully implemented the rulings and recommendations of the DSB as regards the dispute Colombia – Indicative Prices and Ports of Entry Restrictions (DS366). 
Furthermore, Colombia is pleased to announce that it has fully implemented the rulings and 
recommendations of the DSB within the reasonable peri od of time set by the Arbitrator in its award of 
2 October 2009, which expired on 4 February 2010. (See Document WT/DS366/13)    Colombia recalls that the two measures ch allenged by Panama in this dispute were: 
 
• first, the use of indicative prices as set  forth in Colombia's Customs Statute 
(Article 128.5 e)) and Colombia's main implementing regulation, Article 172.7 of 
Resolution 4240, as well as a number of specific resolutions adopting indicative prices for certain goods; and  
 
• second, the ports of entry measure contained in Resolution 7373 as amended by 
Resolution 7376.   
 
 In order to implement the DSB recommendati ons and rulings regarding the first measure, 
Colombia made a number of substantive changes to its system of customs control and customs 
valuation. It has terminated the use of indicative prices; introduced a system of customs control based 
on risk assessment and risk management; and set a clear distinction between the payment of 
guarantees, on the one hand, and duties on the other hand, thereby avoiding the problems that were 
found in the previous system as challenged by  Panama. To that end, on 21 January 2010, the 
Colombian Government issued Decree 111 of 2010 modifying Decree 2685. In addition, the 
Directorate of National Taxes and Customs (DIA N) issued Resolution 733 and 1173 modifying 
Resolution 4240, as well as Resolution 870 of 2010, repealing the various regulations establishing WT/DS366/15 
Page 2  
 
  indicative prices. Colombia believes that its revised mechanism is fully in conformity with its 
obligations under the WTO.   In light of DSB recommendations and rulings regarding the second measure, Colombia has terminated the challenged ports of entry measure in its entirety. Thus, on 11 December 2009, the 
Customs Authority issued Resolution No. 013518, th ereby repealing the measures that had restricted 
the entry of products from Panama to two ports on ly (Bogotá and Barranquilla). In addition, Colombia 
terminated the "advance imports declara tion" requirement imposed on Panama.  
  Colombia believes that with these actions it is  now in full conformity with its obligations 
under the WTO. 
 
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