Code of ProductionCode of Production Code of ProductionCode of Production
Art. 124.- Claims and Administrative Resources.- Anyone whose rights as a person may be directly threatened, may present an administrative claim to the Director General or District Directors of the National Customs Service of Ecuador, within twenty days of having been notified of said action.
Claims shall be supported and resolved by Tributary Code, within sixty days of the Plaintiff’s presentation of claim.
The District Director of the National Customs Service of Ecuador is the competent authority for this procedure and plaintiffs may ask for review of resolutions in accordance to norms of Tax Code.
Chapter III
Exemptions
Art. 125.- Exemptions.- The following merchandise shall be exempt of all taxes, except those for customs services:
a. Personal effects that travel with the person;
b. Household goods and work equipment;
c. Merchandise sent as humanitarian aid in favour of the State or of private organizations for aid or charity;
d. The imports of the State, public institutions, companies and entities, including decentralised autonomous governments, associations which own at least 50% of its capital, a public institution, Junta de Beneficencia of Guayaquil and the Society for the Fight Against Cancer (SOLCA). Mixed economy companies are exempt to the percent that corresponds to the public portion.
e. Donations coming from abroad that go to public or private sector not for profit entities, destined to health, food, technical support, charity, medical assistance, scientific and cultural investigation, as long as they have cooperation agreements with the public sector.
f. Coffins or vials that have body remains or corpses;
g. Samples without commercial value, to the extent authorized by the National Customs service.
h. Those provided for in Immunity, Diplomatic Privileges and Franchises, which include diplomatic, consular delegations and representations, international organizations and other foreign governmental organizations recognized by Ecuador.
i. The medical equipment, technical help, special tools, raw materials for the elaboration of prosthetics and orthopedics for the use by handicapped people or the law entity in charge of these persons’ protection. The vehicles for these ends, within the provisions of the Law for the Disabled.
j. Postal parcels within the limits established by the code and laws and agreements signed by Ecuador.
k. Human fluids, tissues, and organs for medical procedures according to the law;
l. Objects and pieces belonging to the Cultural Heritage of the State, imported or repatriated by the State within the regulations;
m. Merchandise waste under special regimes that shall be destroyed by Customs.
The exemptions provided here shall be given by a public official, excepting literals a), b), c), d), f), g), j), k) and l), which shall not require administrative resolutions and shall be regulated by this Code.
Art. 126.- Return or Re-import of Merchandise.- Overseas total or partial return and re-import of merchandise imported as consumer goods, are free of taxes, with the exception of tariffs for services, as provided by this Code.
Shall there be a return of money in favour of the exporter for merchandise re-imported into the country, as in the case of Drawback, first total payment must be assessed, and a coactive measure can be used for collection.
Art. 127.- Transfer of Control.- Merchandise imported with total or partial tax exemptions, may be subject to Transfer of Control, previous to the
authorization by district director in the following cases:
a. Free of taxes after 5 years, from the day in which the benefit was given;
b. Before those five years, previous to monthly payment, taking into account the time remaining from the five years;
c. Tax-free when the transfer of control is done in favour of entities and persons that have the same benefits.
In the case of transfer of control of exempted merchandise the same conditions shall apply.
Chapter IV
Customs Operations
Art. 128.- Customs Operations.- These and the rest of activities derived thereof shall be established and regulated by this Code and Customs norms.
Art. 129.- Customs Border Crossing.- Entering or exiting of people, merchandise, transportation shall be done only through those places, times, and dates established by Customs.
Any transportation means shall be under control of Customs
Art. 130.- Receiving Transportation Vehicles.- TAll transportation vehicles shall enter to the primary customs zone and shall present electronic or hardcopy required documentation.
Art. 131.- Loading and Unloading.- Merchandise coming from abroad, through any way, shall be described in the Cargo Statement.
Whether because of weight, volume, or type of merchandise it becomes necessary to unload, it may be authorised by the customs official to do so in other places as the ones normally assigned for this.
Export merchandise shall be subject to Customs until such time when the air, naval or land authority gives permission of exit of the transportation vehicle.
Art. 132.- Cargo Units.-Those cargo units that arrive to the country while transporting merchandise as part of international trade practices, shall be under Customs control, but shall not be treated as merchandise, therefore not generating any taxes.
Cargo transport vehicles that will be used for other ends, shall make a Customs declaration and if they intend to stay indefinitely in the country, shall be nationalised; all documentation for such purposes shall be the ones required by Customs.
Art. 133.- Arrival Date.- The Customs arrival date is that on which merchandise gets to the first Customs post.
Art. 134.- Temporary Storage.- Unloaded merchandise shall be passed from the transporter to Customs for temporary storage as prescribed by Customs.
Customs shall have the jurisdiction to authorise the operation of temporary storage, as per the needs of foreign trade.
Art. 135.- Responsibilities for Merchandise Storage.- While in storage, the following responsibilities shall exist, without prejudice to civil or penal responsibilities that might ensue:
a. Responsibilities for entities in charge of temporary storage or custom storage facilities shall be.
1. Indemnization to the owner or consignee for loss or damage to their merchandise;
2. Payment to the State of dues that may have generated merchandise subjected to robbery, stealing and subtraction from entry port to storage facility.
b. It is the responsibility of the merchandise’s owner, cosignatory, or consignee, indemnification for damages caused by said merchandise when they did not expressly disclose the nature or danger of it, to the owner or authorised companies of storage and temporary storage facilities.
Art. 136.- Rights of the Owner, Cosignatory, or Consignee of Merchandise.- Before customs declaration the afore mentioned entities may require from the Customs authority, verification of merchandise to establish its nature and quantity.
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