Rules for Processing Certificates of Origin
Resolution No. 004/2016 of July 11, 2016, issued by the Ministry of the Popular Power for Foreign Trade and International Investment (Ministerio del Poder Popular para el Comercio Exterior e Inversión Internacional - “MIPPCOEXIN”) was published in Official Gazette No. 40.949 of July 21, 2016 (the “Resolution”). Said Resolution contains the Rules for Processing Certificates of Origin at the aforesaid MIPPCOEXIN.
The purpose of the Resolution is to establish the process to be followed by the exporters interested in processing Certificates of Origin.To that end, they must access the web page www.mippcoexin.gob.ve and fill the form Declaración Jurada de Origen (“DJO”) (Sworn Statement of Origin) in order to process the digital application. The DJO is an integral part of the documents required to issue the Certificate of Origin. After said form has been completed and sent, the exporter will receive a notification via electronic mail with the corresponding application number.
The MIPPCOEXIN will carry out a preliminary verification of the information contained in the DJO. If there is any error or defect, an electronic mail will be sent to the exporter in order for the same to remedy such errors or defects. If the pertinent corrections are not made in the period of time indicated in the Resolution, the application will be annulled and a new one must be made.
The Resolution establishes that the periods of time to be applied to the technical evaluation contained in the DJO are the ones indicated in the same, which will be calculated in business days. In the event of an objection to the technical analysis, the exporter will be notified; the exporter will make the first correction and remedy the error, defect or omission. If no correction is made in the period of time indicated, an additional period of time will be allowed. If after the elapsing of the additional period of time, no answer is received, the application will be annulled and a new one must be made, except if the objection requires the intervention of third parties other than the exporter, which must be expressly informed by the exporter to the electronic mail already used for the DJO, always indicating the relevant application number.
Once the technical analysis has been made, the validated DJO will be sent to the exporter via electronic mail, indicating the relevant period of validity and the criterion of origin (legal base) met by the goods to be exported.
At the time when the exporter requests the issue of the Certificate of Origin supported by the duly validated DJO, the exporter must forward to the electronic address email@example.com the duly filled form corresponding to the country of destination of the exportation. The issue of the Certificate of Origin will be made within a period of one (1) business day as from the date of receipt of the electronic mail with the application; an answer will be sent to the interested party via electronic mail, in order for him/her to receive the original Certificate of Origin, to which end said interested party must present the original documents indicated in letters a), b), and c) of article 7 of the Resolution. In the cases of Certificates of Origin that are to be received at Regional Offices, the interested party must indicate such condition in the mail sending the application.
In the event of contingencies in the systems, the procedure may be carried out in person at the offices of MIPPCOEXIN.
The foregoing procedure will be applied only to the applications filed after the entry into force of the Resolution. The applications for “Origin Qualification” being processed at present will be governed by the procedure that was applicable before the entry into force of the Resolution, up to their final completion. The “Origin Qualifications” in force will remain in force until the date indicated in the same. The processing of the Certificates of Origin corresponding to the “Origin Qualifications” in force will be made in accordance with the procedure existing before the entry into force of the Resolution.
The Resolution became effective as from its publication in the Official Gazette.
In order to access the Resolution, please click here.
“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”