Nicaragua accedes to the Revised Kyoto Convention as the 136th Contracting Party

By Guy José Bendaña-Guerrero & Asociados

On 15 February 2024, César Castañeda, Ambassador of the Embassy of Nicaragua to Belgium and Mission to the European Union, deposited Nicaragua’s Instrument of Accession to the International Convention on the Simplification and Harmonization of Customs Procedures (as amended), commonly known as the Revised Kyoto Convention (RKC). The ceremony took place at WCO Headquarters in Brussels, Belgium.

The RKC now comprises 136 Contracting Parties with the accession of Nicaragua. Among the 33 WCO Members in the South America, North America, Central America, and the Caribbean region, Nicaragua will become the 10th Contracting Party to the RKC. The RKC will come into force for Nicaragua on 15 May 2024.

The accession will provide Nicaragua with a roadmap for simpler, more efficient, and effective Customs procedures, guiding the country through continuous improvement and ensuring safety and security.

Ambassador César Castañeda affirmed Nicaragua’s recognition of the importance of the RKC and expressed the country’s commitment to following the necessary implementation steps and processes outlined in the Convention.

The WCO has been encouraging its Members who have not yet acceded to accede to the RKC, emphasizing its role as an international treaty that provides a set of comprehensive Customs procedures to facilitate legitimate international trade while enabling effective Customs controls, including the protection of Customs revenue and society.

The RKC promotes key principles of simplified and harmonized Customs procedures, such as predictability, transparency, due process, maximum use of information technology, and modern Customs techniques (e.g. risk management, pre-arrival processing, and post-clearance audit).

It is worth noting that while many WCO Members have embraced the implementation of the WTO Trade Facilitation Agreement, acceding to the RKC presents a compelling option as the two complement each other and the RKC provides the necessary detail in ensuring the commitments to both conventions are fulfilled.

Guy José Bendaña-Guerrero & Asociados

GUY JOSE BENDAÑA GUERRERO & ASOCIADOS has a long and prosperous tradition in the field of intellectual property (IP) in Nicaragua, with roots that go back to more than 100 years, resulting on long-term relationships with renowned clients and attorneys worldwide.

The firm has its origins in the law firm Henry Caldera & Henry Caldera-Pallais, founded in 1907 by Mr. Henry Caldera. That same year of 1907, through the efforts of Mr. Caldera, Nicaragua had its first Trademark Law. In the late 1930’s, Mr. Caldera’s oldest son, Dr. Henry Caldera-Pallais, after studying law in Nicaragua, attended the University of Michigan, where he graduated as a Registered U.S. Patent Attorney. Dr. Caldera-Pallais in 1964 was a founding member of the Interamerican Association of Intellectual Property (ASIPI), the first regional intellectual property organization in the Americas. The firm continued to grow during the administration of Dr. Franklin Caldera, son of Dr. Caldera-Pallais, who obtained his doctoral degree in law from the Universidad Centroamericana in 1973.

Since 1985 the current partners, Dr. Guy José Bendaña Guerrero and Mrs. Blanca Aragón de Bendaña, took over the management of the firm. Dr. Bendaña Guerrero, Director of the firm, has distinguished himself as one of the most respected authorities in Central America in the field of intellectual property and law in general, being the author of several books such as “Course of Industrial Property Law”, “Study of the new Laws of Industrial Property” and “New Study of Contracts “, among others. Mrs. Aragón de Bendaña has served as the firm’s general manager and, thanks to her excellent management, the firm has been in constant growth, with a highly qualified staff committed to excellence. Since 1996, partner Julián José Bendaña Aragón joined the firm, and has been standing out as one of the most recognized attorneys in the field of intellectual property.

We have adapted to the constant change of the business world, supporting our clients in finding the most appropriate legal solutions for each moment. The firm distinguishes itself by understanding the needs of its clients, offering personalized service and adding value to its activities.

Nowadays we continue to be the leading firm in Nicaragua in the area of intellectual property, and at the same time, we have been consolidating other areas of service within the civil, commercial and labor fields, as well as litigation and consulting in general. The firm is well positioned to guarantee a pragmatic service that meets the requirements of the most demanding clients.

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