The methods of guarantee are the
- Letter of Guarantee issued by
the National Financial System
- Bailbond Policy
- Negotiable Letter of Credit
- Certificate of Tax Compensation
- Bank Certificate
- Debit Note
- Nominal Guarantee
- Letter of Commitment for Good
Taxpayers in Temporary Admission
- Personal Guarantee (Special
Installments Payment System)
- Bond posted in Cash (
Regulations on Baggage and Household Goods)
- Guarantees in Cash (Art. 13º of
- The Guarantee must be issued to
the order of the National Customs Superintendency, on letterhead paper
of the institution providing the guarantee, and must include the
characteristics of solidary, irrevocable, indivisible and immediate,and
when applicable, without benefit of liquidation.
CUSTOMS accepts a
global guarantee as bond on clearances within the same customs system,
by those who habitually use those particular systems. A habitual
user is one who uses a particular customs system at least five (05)
times within a one-year period. In order to control the use of these
guarantees, a Current Account will be opened by the corresponding
customs area with all the pertinent details.
Debit Notes when the clearances are made by Good Taxpayers in the
Temporary Admission System or in the cases established by law.
Cash Bonds presented by non-resident travelers on arrival in
the country at International Airports, must comply with the specific
procedures on Payments - Extinction of Debts (INRA-PE.08).
The reception, custody, reimbursement and
control of Cash Guarantees is subject to the norms set out in the
Specific Procedure INRA-PE.16 Reception and Reimbursement of Guarantees
in Cash / Art. 13º ofthe WTO Accord.
For the acceptance, control and custody, renewal, exchange,
reimbursement and execution of Negotiable Credit Notes and Certificates
of Tax Compensation, authorized personnel must comply with the Specific
Procedures for Valued Documents (INRA-PE.09).
- Third parties may grant
guarantees in favor of the principal debtor, which must be indicated on
the same document. If the third party were to refuse to continue
guaranteeing the principal debtor, the guarantee may only be returned if
the principal debtor exchanges the guarantee or renews the current
Personnel in charge of CUSTOMS must not accept guarantees that
do not meet with the requirements indicated in the current
The user must present his requests for acceptance and return of
guarantees to the Documentary Process Areas of the Customs Intendencies,
with the exception of those concerning the Customs Systems and
Operations, in which case they will abide by the regulations for each of
those operation procedures.
For the request to be accepted, the user
must attach to his request a copy of the guarantee for presentation to
the corresponding Area. Once the request is admitted, the user presents
the original of the guarantee to the corresponding Area. For the return
of documents, no request is required if the authority indicates it so.
Equally, timely renovation of guarantees does not require the
presentation of a request.
The lifting of the term to renew guarantees
goes into the effect the moment the user requests a public or private
institution to issue the guarantee before the deadline required by
Customs, until the guarantee is placed at his disposal to meet his
The National Customs Collection Intendency –INRA- with prior
coordination with the Customs Operative Intendencies, informs those
intendencies when a guarantee is not accepted because the issuing
institution is known to not honor its guarantees.
The heads of the areas involved in the execution of this
procedure, through the Customs Intendencies, are responsible for
supervising the entry and updating of information in the Bond Control
Module of SIGAD.
A) ACEPTANCE OF
The user presents the original, valid guarantee to the
corresponding area, be this the area of the definitive, suspended,
perfeccionamiento activo area, or special or collecting customs
The reception and verification that the guarantee meets the
requirements of the specific customs system, operation, installments,
extemporaneous claims or appeals or court-administrative claims, as
well as the requirements indicated in clause 2 of VI General
Regulations, and specific requirements pertaining to each guarantee,
are carried out by personnel in the Area where the tariff duties
payable were generated, or in the Collection Area of Customs
Intendencies other than those of the Callao Airport and Maritime
Intendencies, according to the standard, current procedures and
Guarantees presented in the Drawback customs system must be
presented to the Collection Area of the Callao Maritime and/or Airport
Customs Intendencies, according to the procedure regulations stipulated
in DRAWBACK (INTA-PG.07).
- Letters of Credit presented with
claims or appeals on expired clearances, or on court-administrative claims for
duties payable generated by the National Intendency of Customs
Supervision, are received and verified by authorized personnel of the
Collection Control Division of the National Customs Collection
The reception and verification of the Letter of Credit
presented to replace a caution measure during the temporary lifting of
a judicial procedure is the responsibility of the Collection
The Customs Intendencies are authorized to accept Nominal
Guarantees from institutions that are of bonafide moral solvency and
prestige, according to Art. 26 of Legislative Decree Nº 809, General
If the requirements are not met, the authorized officer in
charge of receiving the documents does not accept the guarantee.
If the guarantee is accepted, authorized personnel ensures that the
accurate data on the guarantee is entered in the Bond Control
The Area Chief, in the Customs Intendencies in Metropolitan
Lima, carries out a random check of guarantee-issuing institutions
equivalent to 15% of the Letters of Credit, Bond Policies or Bank
Certificates in Foreign Exchange accepted during the previous calendar
month, to confirm their authenticity.
At Customs offices in the provinces of the
country, confirmation on 100% of the accepted guarantees is made, with
each Customs Intendency requesting confirmation from the issuing
meet the following requirements:
A1) LETTER OF
- Must be issued by a banking or
financial institution duly authorized by the Banking and Insurance
- Names and surnames, name of
company or address of person guaranteed.
- Number and date of issue.
- Granted in favor of the
National Customs Superinendency, and indicating expressly the
debts/obligations it guarantees.
- Amount that is guaranteed,
given in United States Dollars. Guarantees in national currency are
only accepted when the debt/obligation the guarantee covers what was
generated in that currency.
- Signed by authorized officers
and countersigned by a seal or security mark of the issuing
- Date of expiry, specifying
hour, day, month and year, adding data as per article Nº1898 of the
Civil Code, and the place it must be requested.
- Must not include any kind of
corrections, erasures or crossings out.
- When a Letter of Credit is
presented as a requirement for admittance of an expired claim
or appeal, or a court-administrative claim, the guarantee must cover
the amount of the tax debt calculated at the rate for up to six (6)
months after the date the claims or appeal is filed; the guarantee
must be for a period of six (6) months.
- If an Objection of Duties is
presented, the Letter of Credit must be for a period not less than
three (03) months.
- In the event the claim filed is
for difference of value according to the WTC's Accord on Reasonable
Doubt or Provisional Value, the guarantee must be valid for a period
not less than forty (40) working days from the date the WTO Guarantee
Deposit Order is issued.
- The acceptance of a bailbond
policy, issued by an insurance company duly authorized by the Banking
and Insurance Superintendency, is based on the same requirements as
per numbers 2), 3), 4), 5), 6), 7) and 8) that refer to Letters of
- Requirements for the acceptance
of a Warrant are as follows:
- It must be endorsed to the
National Customs Superintendency, if applicable.
- Name and address of depositor.
- Date of issue.
- Description of the goods,
quantity, weight, quality and state, class and mark of the bundles and
any other indications that service to identify the articles and their
- Must indicate that the goods
are stored in the depositor's own warehouse.
- Must be correctly completed and
signed by the endorser and storage company.
- Date of expiry, specifying
hour, day, month and year.
- Document must not include any
form of corrections, erasures or other crossings out.
- The value of the good or goods
offered as warrant must exceed by 50% (fifty percent) the value of the
debt being guaranteed.
- Insurance Policy endorsed to
the National Customs Superintendency that covers the goods placed as
guarantee against all types of risk.
- Once the requirements
are verified as per the above clause, authorized personnel channel the
warrant to the Head of the Legal Advisory Area or other person
responsible, who approves the warrant if correct and channels it to
the Customs Intendency which is then registered as endorsee,
representing the National Customs Superintendency.
- The requirements to accept a
pledge guarantee are as follows:
- Presentation of the legally
pledge contract, according to the Module included in Annex 1 of this
- The value of the good or goods
offered as pledge, owned by the debtor or third parties, must exceed
by 50% the amount of the debt that is guaranteed. For Temporary
Admission and Import systems, the value must be equivalent to the
suspended tariff duties.
- An Insurance Policy must be
presented, endorsed to the National Customs Superintendency, on the
goods pledged and against all risks.
Policy will not be necessary when the companies provide satisfactory
proof that they can substitute the pledge in the case of loss or damage
of the pledged good (in temporary admission and import systems), and if
this occurs, the companies must inform the Customs Intendency of any
event that could affect the availability or status of the replacing
- Goods offered as pledge must be
valued by a professional registered with the Technical Valuation
Corps of Peru, or in the National Valuation Council. In the case of
Customs Intendencies in the provinces, the evaluator may be a
professional registered with the College of Engineers or
- Documents that prove the
ownership of the pledge must be presented:
- In the case of
nationalized goods: Import Declaration and duly paid Assessment of
- In the case of
national goods: Commercial Invoice, Sales Contract or other
- Present documentary proof that
the goods pledged are not subject to any court charges or taxes or
any other charges that would limit or restrict the availability of
property rights over it.
- In the case that loss or
damage of the pledged good would render the pledge to be
insufficient to cover the debt, the user is obligated to substitute
the pledged good within fifteen (15) working days from the date of
- Goods not accepted as pledge
- Nationalized goods whose
tariff duties were approved in the installament system and have not
yet been fully paid.
- Goods already being pledged in
favor of third parties.
- Perishable goods.
- Share or stock Certificates.
Once the above requirements have been met, the authorized
personnel channel the pledge contract to the Chief or other authorized
person of the Legal Advisory Area for approval and subsequent
channeling to the Customs Intendency for signature.
The pledge contract signed with notarized signatures, by the
Customs Intendency, the accredited legal representative and the
pledgers must be registered in the Public Registry by the debtor or
the beneficiary, as applicable.
- Once the pledge contract is
registered, the debtor or beneficiary presents the contract to the
Area which is handling the customs operation or system, for
registration and control.
- In order to sign a Mortgage
contract with CUSTOMS, the interested party uses the Module included
in Annex 2 of the current procedure, and this document is registered
in the Public Registry. The contract must include the following:
- The value of the goods or real
estate offered as a guarantee, owned by the debtor or third parties,
must exceed by 50% (fifty percent) the amount of the debt to be
guaranteed, or part of it when other guarantees are also
- The mortgage cannot be subject
to any conditions or set periods.
- A current valuation of the real
estate property, made according to the legally binding mortgage
- It is obligatory to present the
title deed of the property to be mortgaged and a literal copy of the
real estate Registry card issued by SUNARP, the property regulatory
verification has been made that the aforementioned requirements have
been met, authorized personnel receiving the Mortgage contract proceed
with the process to subscribe the pledge contract and conclude with
the registration in the Public Registry.
CERTIFICATE IN FOREIGN CURRENCY
- Must be issued to the bearer
and given to CUSTOMS.
- Must be duly signed and
registered by the issuing banking institution.
- Must be issued for an amount no
less than US$1000 (one thousand U.S. Dollars).
- For clearances by Good
Taxpayers in Temporary Admission:
- The Note must be completed and
signed by the titular party or legal representative, according to the
format annexed to the Specific Procedures for Good Taxpayers
- Must have the endorsement of
two (02) partners in the company in the case of a business.
- The legal representative, in
the case of a business, must present a copy of the Mercantile Registry
card that indicates the power of attorney granted to him.
- Must be expressed in U.S.
- In the case of Payment by
Installments, Leg. Decree. Nº 818:
- It is generated through the
Collection Module - Cashier's Office.
- Must be signed by the person
with power of attorney registered in the Mercantile Registry.
- Must be made for the balance
pending of the debt in installments.
- Name or company name of
institution providing the guarantee.
- Name and surnames, name of the
institution being guaranteed.
- RUC (Tax Registry No.) and
Address of institution providing guarantee.
- Names and surnames of the
officer(s) with power of attorney for the sponsoring institution, duly
- Number of National Identity
Document (DNI), or Foreign Resident Carnet, Passport, or Identity
Card, and signature of the person(s) with power of attorney.
- Amount of the Guarantee in U.S.
Dollars, in writing and in numerals.
- Date of issue of
- Date of expiry of
- The document must stipulate the
customs operation or system being guaranteed, and the number of the
- Must have complied with
regularization of expired Nominal Guarantees.
A9) LETTER OF
COMMITMENT FOR GOOD TAXPAYERS IN TEMPORARY ADMISSION SYSTEM
- Must be correctly completed and
signed by legal representative of the comapny using the format annexed
to Specific Procedures for Good Taxpayers (INRA-PE.07).
- Must indicate the category
granted and the number and date of the Resolution given by the Customs
Collection Intendency that gave the qualification of Good
- Must expressly indicate the
number and date of the Promissory Note that the letter offers to
A10) GUARANTEE IN
- The total must be deposited in
cash or in a banker's check or certified check in the Authorized
- The amount of the guarantee
must be given in U.S. Dollars.
- Personnel in charge of custody
and control may issue a reminder to the user 15 days prior to the
expiry of the guarantee, if applicable.
- The user presents the renewed,
accredited guarantee to the correspondng CUSTOMS office, for the
amount of the debt or for the balance pending at the date of renewal.
- In order to accept the
guarantees presented for the renewal, authorized personnel must ensure
that the same requirements are met as were done so previously for the
- When letters of credit are
presented with a refutation claim beyond the deadline, these letters
must be renewed every six (6) months for the total amount of the tax
debt accrued over a period of six months beyond the renewal
- In the event of transfer of
goods from one beneficiary to another, the latter is under obligation
to renew the guarantee except when the transfer is made without the
responsibility of Temporary Admission.
- If the guarantee is renewed,
personnel in charge proceeds to take custody and control of the new
guarantee, and registers the renewal with the Bond Control
- In the event that the user
cannot immediately present the letter of credit, caution policy or
banking certificate in foreign currency, he must present a request to
the Documentary Process Area with a copy of the document of proof that
the renewal procedure has been initiated with the bank, financial or
insurance institution (before the date of expiry).
C) RETURN OF
- Once a request is presented,
personnel in charge of the custody and control return the guarantee to
the constituent, Customs Agent or duly identified legal
representative, in the case of regularizing a system, renewal of
guarantee, payment of the debt or the issue of a favorable Resolution,
as applicable, and register the retrieval of the guarantee in the Bond
- Authorized personnel register
the return of the guarantee and select the Physical Retrieval option
in the Bond Control Module.
- If the interested party has not
retrieved the guarantee within thirty (30) working days after
presenting the request, the Head of the Area may either file the
document or send it back to the issuing institution.
- If duties or taxes that
originated the guarantee have been met according to regulations, the
Customs Intendent will authorize the removal of the guarantee from the
Public Registry by using the format for the Lifting of Guarantee
Contract, included in Annex 3 of this procedure.
The user may
exchange the initial guarantee, within its valid date, in the following
circumstances, among others:
- Change of name or company of the
entity being guaranteed.
- To present a guarantee for an
amount larger or smaller than the original.
- Change of guarantor (banking,
financial or insurance institution).
presents the original of the new guarantee to the personnel in charge
of the Area's custody and control section and who, following
verification,receives the guarantee and registers the data in the Bond
Control Module, to then return the previous guarantee.
- CUSTOMS executes the guarantee
when the a final unfavorable resolution is issued or when the legal
order to execute has been verified.
- Within the three (03) days
following payment by the execution of the guarantee, the Head of the
Area notifies the debtor with a copy of the Assessment of Duties
Payable Notice marked as paid; if the guarantee does not cover the
total of the debt, the debtor is notified of the balance
- The procedure for execution of
guarantees is as follows:
F1) LETTER OF
CREDIT OR BAILBOND POLICY
- Personnel in charge of custody
and control must coordinate with the corresponding area on the total
amount to be paid and then prepares the request document which is duly
signed by the Area Head and sent via Notary Public or the Court to the
institution that issued the guarantee within 15 calendar days
following the expiry of the guarantee.
- When the guarantees to be
executed were issued in customs jurisdictions other than the Customs
Intendency that is requesting the execution, these Intendencies can
initiate the execution directly with the institution in this locality
that rendered the guarantee as legal.
- The Customs Intendencies in the
provinces of the country which hold guarantees issued in Metropolitan
Lima, will need the National Customs Collection Intendency to carry
out the procedure and thus the provincial Customs Intendency will send
the execution orders by the speediest mode possible.
- The Banking, Financial or
Insurance institution honors the garantee by issuing a check to the
name of the National Customs Superintendency (Superintendencia Nacional de
Aduanas), drawn in local currency at the day's sale rate of exchange
as published by the Banking and Insurance Superintendency.
- Within twenty-four (24) hours
that the banker's check has been received, Customs personnel issues
the corresponding Assessment of Duties Payable and marks as paid the
debt in the collecting banks.
- If the warrant expires and the
legal basis for its execution has been verified, Customs personnel
in charge of its custody and control proceed to issue the notarized
protest within the eight (08) calendar days following its expiration
- Two (02) days after the
protest has been filed, the Area Head requests the administrator of
the General Warehouse to sell the stored goods, and attaches the
warrant and the protest writ.
- Personnel in charge of the
Warehouse submit the goods for auction by a Public Auctioneer and a
representative of the Customs Intendency that requested the
- Once the goods have been sold,
personnel in charge of the Warehouse places the monies generated at
the disposal of CUSTOMS for payment of the debt as per the
Assessment for Duties Payable, previously discounting the duties,
storage and insurance costs owed to the warehouse as well as the
auctioneer's commission and any other expenses incurred in the
F3) PLEDGE OR
- The execution of these
guarantees is the responsibility of the Coaction Executor, as per
the request of the Area Head that requested the execution and must
send the Pledge or Mortgage deed.
- The value of the good is that
presented by the beneficiary.
- The execution procedure cannot
be suspended by any action that the beneficiary may file to impede
- The Coaction Officer calls an
auction, which is to be held according to the General Procedure
"Regulations on Forced Collections" and to any norms in
the Civil Court Code that may be applicable.
- The amount obtained in the
auction is used to pay the debt through the Assessment of Duties
- Within three (03) days
following the payment of the debt, the Area Head notifies the
taxpayer of the execution, attaching a copy of Assessment of Duties
Payable marked as paid.
- The Coaction Executor
registers the lifting of the guarantee from the Public Registry once
the auction has concluded.
CERTIFICATE IN FOREIGN CURRENCY
- CUSTOMS proceeds to collect on
the certificate by requesting the procedure to the issuing bank,
requesting a check be made out to the National Customs
Superintendency (Superintendencia Nacional de Aduanas) for the
amount of the Certificate and interest incurred up to the date of
- Within twenty-four (24) hours
of receiving the banker's check, the authorized Customs personnel
issues the corresponding Assessment of Duties Payable pays the debt
in the collecting banks.
- The payment of the principal
and interest is made in local currency at the exchange rate
published by the Banking and Insurance Superintendency on the date
- If the user does not comply
with the obligations of the promissory note, CUSTOMS proceeds to
protest the note before a Notary Public within the eight (08)
calendar days followng the expiry date.
- Personnel in charge of custody
and control notifies the debtor of the Document of Determination and
Assessment of Duties Payable (unless the debt had been informed
already of the Document of Determination), and grants an
unextendable period of ten (10) days in which to pay the guaranteed
- If the period expires and the
debt has not been paid nor has an appeal been filed, the Area Head
who issued the Document of Determination or the Head of the
Documentary Process Area, whichever is applicable, sends the
documentation to the Coaction Executor to begin collection
proceedings and issue the corresponding Payment slip once the debt
- Without affecting the forced
collection, personnel in charge of custody and control process the
protest writ and original promissory note to the Public Prosecutor
of CUSTOMS for judicial collection process.
- Once the judicial collection
process is concluded, the Public Prosecutor places the amount
collected at the disposal of the Area that accepted the promissory
note, for payment of the debt via an Assessment of Duties Payable.
- The personnel in charge of the
Area that accepted the nominal guarantee initiates the execution
process via notification of the Document of Determination and the
corresponding Assessment of Duties Payable (unless the Document of
Determination has already been sent earlier), and grants an
unextendable period of ten (10) days to the debtor to pay the
- If payment of the debt has not
been made when the period expires, personnel in charge of collecting
the nominal guarantee advise the Customs Clearance Intendency,
without affecting the start of the forced collection
The Customs Intendent has the discretionary right to refuse
acceptance of other nominal guarantees from the same company, which
would thus be required to present banking or financial institution
letters of credit. Once the debt is paid, the Customs Intendent is to
lift the restriction.
The Annexes and
other procedures to be followed for Operative Customs Guarantees can be
found in Specific Procedures INRA-PE.06, published in the official gazette
El Peruano on 18.SEPT.1999.