A month after having implemented it only 12% of importers have registered and less than 1% of users use it for their foreign trade operations.
To date only 4,700 users have registered their company details with the VAI electronic platform designed to handle the issue of non-tariff import permits. The importer enters their forms, makes the corresponding payments electronically, sends the information to the institution, receives a response and this allows them to access the Customs Declaration reported in an electronic permit which the user receives.
In order to curb smuggling and corruption President Perez Molina has announced that there will be interventions in five of the twelve customs offices in the country .
The customs offices will be taken over by the Executive through the Superintendency of Tax Administration (SAT), a task which will be undertaken by the Guatemalan military. The intervention will focus on Puerto Quetzal , Santo Tomas de Castilla, Aduana Central, San Marcos, and Ciudad Pedro de Alvarado.
In response to demands from the business sector, authorities are considering taking action by equipping customs offices with merchandise scanning technology and off-site controls.
S21.com.gt reports that "Because of the corruption networks operating in customs offices and affecting the low amounts of tax collection, the executive is considering intervening in these checkpoints.
The National Competitiveness Program of Guatemala has announced that the Executive will introduce a draft bill to Congress to replace existing customs regulations.
Under pressure from the Guatemalan business sector, the executive has presented a new initiative to Congress, which has already been agreed with various chambers of commerce, said Juan Carlos Pais, Presidential Commissioner for Competitiveness.
Among the changes requested by the Guatemalan private sector, are the elimination of insurance for theft of goods in transit and the current billing method.
Private sector representatives together with the Tax Authority (SAT) are working on a draft for a new law, which introduces changes to almost 80% of the current Customs Act.
"... The American Chamber of Commerce has asked for changes to the billing method prescribed in current law, which provides for the entry of the net price of the merchandise. It opposed the $250 fines for invoices that do not comply with the new format, and also severe measures such as the suspension of customs agents. It is alsoagainst criminalizing a shipment arriving which is, for example, 5 percent over weight or over value", reports Elperiodico.com. gt.
By Governmental Accord administrative customs offenses punishable by a fine, and their cumulative effects, will be exempted until September 15, 2012.
The Governmental Accord 121-2012 from the Ministry of Finance states that it has “agreed to waive, for a term expiring on June 15, 2012, up to one hundred percent (100%) of fines to any individual or legal person incurred in some of the administrative customs offenses punishable by a fine established by the National Customs Law contained in Book III of Decree No. 10-2012 of the Congress.”
After further requests for extending fine exemptions and a comprehensive reform of the Customs Act, the government has responded saying that they will evaluate such requests.
The National Council for Promotion of Exports (CONAPEX), comprising representatives of the Executive and the private sector, called for an urgent reform of the Customs Act and the granting of another 90-day extension for exemptions from fines for violating the new customs regulations.
Employers admit their need to improve transparency and fight corruption, but have requested extensive analysis and discussion of the proposal sent to Congress.
Hernán Guerra writes in the Journal by the Guatemalan Chamber of Industry:
The President, Otto Perez Molina, wants Congress to approve in record time another set of laws which, according to him and his staff, will become new weapons to be used to combat corruption, improve transparency of public expenditure and at the same time, leverage the recently approved tax reform. However, the objectives are not shared by analysts, representatives of civil society and business, with the common denominator being that the proposals require "more analysis, more discussion and participation."
The American Guatemalan Chamber of Commerce noted that the implementation of the Act without the respective regulations is confusing, taking away transparency in the system and increasing costs.
The Guatemalan Chamber of Commerce (AmCham) has requested that the Government suspend the Customs Act, which was included in the recently approved tax reform.
A two month exemption from fines resulting from the application of the new law is one of the issues being debated by government and business representatives.
The Tax Authority (SAT in Spanish), customs brokers, the business community and carriers are awaiting on Friday March 16th the president's decision to issue a decree for a two month exemption from fines resulting from violations of the newly enforced Customs Act.