To import or export it is crucial to be informed to avoid fines or imprisonment. Here we explain what you need to know about the subject.
A few days ago, dozens of passengers reported that Customs prevented the new iPhone 14 from entering Peru because they were not approved. The registered cases evidenced the retention of the equipment, but -after obtaining the certificate- they were returned. Thus, if you are about to bring merchandise into the country or send it abroad, keep in mind that some are prohibited and others have restrictions.
In this line, prohibited and restricted products have a differentiated treatment from the rest, according to their characteristics or their function, since they must comply with the requirements established in the legal regulations and procedures of our country.
Why is a commodity prohibited or restricted?
According to César Alva, senior partner of the Foreign Trade area of the Muñiz firm, the objective of restricting or prohibiting the entry or exit of certain merchandise is to protect national security, health, the environment and morals.
“The Constitution establishes that foreign trade is free; that is, the exchange of goods and services is guaranteed, but there are also limits to that freedom that are based on health, public safety and moral issues, ”he referred to this medium.
He added that there are products that cannot be brought into the country because it is proven that they harm people’s health. “For example, potassium bromate flour is prohibited because, according to WHO reports, it is carcinogenic,” he mentioned.
Regarding the restriction, the lawyer indicated that there are goods that are related to health and to enter the country they must go through an authorization from competent sectors.
“Customs ends up being a kind of watchmen at the door of the country. It only executes what the sectors tell it are restrictions”, he limited.
What are the goods that are restricted?
Sunat specified that some of the restricted goods are the following:
“Old cars are restricted because they cannot exceed five years or a certain mileage. Also if you want to bring a freezer or air conditioning, these products have to have a gas that does not harm the ozone layer and that certification has to be given by the Ministry of Production”, Alva pointed out.
Sunat indicated that, in addition to the corresponding customs documentation, they must have the control documents that support their entry or exit from the country. Permits and authorizations are issued by the competent sectors (State entities that by express rule have functional and technical competence to control and inspect certain goods).
What are the products that are prohibited from entering and leaving Peru?
According to Sunat, the objects that cannot enter the national territory and will be seized are: used clothing and footwear that is not owned by the traveler, beverages manufactured abroad with the name “pisco”, used auto parts, pyrotechnics, drugs and more.
“In the case of pisco, the prohibition applies to those drinks that have that denomination, but not to the product; that is, if you remove the pisco label and put aguardiente on it, it can enter without any problem,” said the lawyer from the Muñiz studio.
In the case of cash or negotiable financial instruments with a value greater than US$10,000 and less than US$30,000, they must present an affidavit. They cannot deposit more than US$30,000.
Along these lines, these prohibited goods are classified into two large groups:
What are the penalties?
César Alva maintained that the great sanction of a prohibited product, beyond a fine, is that it cannot enter or leave the country.
On the other hand, if it is a restricted merchandise, there is the possibility of obtaining an authorization from the competent entity for its entry or exit, he added.
For Sunat, the person who illegally introduces and extracts goods for a value greater than 4 UIT (S / 18,400), and whose import or export are prohibited or restricted in Peru, could be punished with a custodial sentence of not less than eight nor older than 12 years and with 730 to 1,460 days-fine.
Source: The Trade