On 27 October 2026, the DIAN, through its Buenaventura Sectional Directorate, executed precautionary measures on merchandise stored in the port terminals of Buenaventura, Colombia’s principal Pacific port. The operation, authorized under Article 590 of the Tax Statute (Decree 1165 of 2019) and Resolution 000087 of 2026, targeted goods with a declared customs value exceeding COP 14.782 billion (approximately USD 3.5 million). The measures affect containers suspected of undervaluation, misclassification, and irregular origin documentation, particularly in the textile, footwear, and automotive parts sectors. The DIAN has initiated formal customs verification procedures (procesos de verificación aduanera) which may result in re-liquidation of duties, fines up to 100% of the omitted tax, and potential criminal referral for customs fraud under Law 1453 of 2011.
Key Takeaways
- Valuation and Classification Focus: The enforcement action underscores DIAN’s intensified scrutiny on transfer pricing and tariff classification in high-risk sectors. Importers must ensure transaction values comply with WTO Valuation Agreement methodologies and maintain contemporaneous documentation.
- Precautionary Measure Scope: The measure immobilizes the goods but does not transfer ownership. Affected importers have 10 business days to request lifting of the measure by providing guarantees (bank guarantee or insurance policy) covering 150% of the potential tax liability.
- Supply Chain Disruption Risk: Companies with cargo in Buenaventura should immediately audit their pending declarations for similar risk profiles. Proactive voluntary correction (autocorrección) under Article 580-1 of the Tax Statute may mitigate penalties before DIAN initiates verification.
Disclaimer: This article is compiled and summarized by the AI based on publicly available information and is for general information purposes only. It does not constitute any form of formal tax advice, legal opinion, or basis for performance. Please consult a qualified professional tax advisor or legal counsel for tax advice.
Source: Read Official Announcement