New Customs Provisions
By Robalino

On July 29, 2026, through publication in the Fifth Supplement of Official Register No. 336, the Organic Law Amending the Organic Code of Production, Trade and Investment (COPCI) was enacted. This reform introduces eight new articles. Below are the most relevant aspects:
Prior Surveillance and Trade Defense Measures: Through new Article 79.1, the trade policy authority is empowered to implement monitoring and prior surveillance mechanisms for imports. This will apply when technical analyses determine that certain imports threaten domestic production. Surveillance measures were previously governed by COMEX Resolution No. 016-2024, which now acquires the rank of law.
Abandonment and Auctions: Articles 143 and 204.1 exhaustively detail the grounds for definitive abandonment. A strict procedure is established (inventory, appraisal, publications, and claim deadlines) for auctioning goods that have been held in storage under customs administration custody for more than one year.
Free Allocation to the Public Sector: Article 203 is amended to regulate and facilitate the donation or allocation of seized or abandoned goods to public sector institutions and companies.
Customs Operations and Tourism: Rules are adjusted regarding applicable regulations and taxes (Art. 112), the exact definition of "date of arrival" (Art. 133), and the update of the regime for the entry of tourists' privately used vehicles (Art. 167).
Effective Date: This law entered into force immediately upon its publication in the Official Register (July 29, 2026). However, the Executive has until the end of September to amend the customs facilitation regulations, and the National Customs Service (SENAE) will have an additional month after that publication to bring all its resolutions and secondary regulations into compliance.
