Not everything a supplier sells can be imported into Peru. Learn to tell prohibited from restricted goods and to check permits before paying a deposit.
Goal: Tell prohibited goods from restricted goods, identify the agency that controls a product and put in order the checks to make before paying an advance.
Paying the taxes is not enough for a good to enter the country. SUNAT separates two groups. A prohibited good is one that, by legal mandate, cannot enter the national territory. A restricted good can enter, but it needs prior approval from one or more State entities before it goes under a customs regime, which is the mode under which the good enters, for example import for consumption.
Which entity authorizes depends on the product. For example, SENASA controls plants, animals and agricultural products. DIGEMID controls medicines, medical devices and cosmetics. DIGESA controls processed food and beverages. The MTC controls telecommunications equipment. SUCAMEC controls weapons, ammunition and explosives. SUNAT publishes a table of entities that issue control documents, and many permits are processed through the VUCE, the Single Window for Foreign Trade (Ventanilla Única de Comercio Exterior) of MINCETUR.
For prohibited goods, SUNAT publishes a list by national subheading (the 10-digit code of each product), with the rule behind each prohibition. It includes, among others, used clothing and footwear (Law No. 28514), products with amphibole asbestos, shark and ray, and products with colistin. The list changes when a new rule is published, so do not copy it from memory: check it every time, and also verify whether the prohibition depends on the composition of the product.
Do this check before you pay the supplier. First, identify the product's national subheading. Second, look it up in the list of prohibited goods. Third, check the table of entities to see whether any sector controls it. Fourth, ask that entity, or your customs agent, which document it requires and when, because some permits must be ready before shipment. Fifth, add the cost and time of the procedure to your calculation.
If you import without meeting the requirement, the good does not get release (levante), which is the customs authorization to take it out. It may stay in the customs warehouse, generate storage costs and, if it is prohibited, be seized. Infractions are covered in module 3 of this course. The technical quality requirements for each product are studied in the course on Quality, Technical Requirements and Agro-exports.
| Entity | Type of goods it usually controls | Examples |
|---|---|---|
| SENASA | Plants, animals and agricultural products | Fresh fruit, seeds, poultry, animal feed |
| DIGEMID | Medicines, medical devices and cosmetics | Face creams, surgical masks, clinical thermometers |
| DIGESA | Processed food and beverages | Canned goods, snacks, packaged drinks |
| MTC | Telecommunications equipment | Routers, radios, equipment with a wireless transmitter |
| SUCAMEC | Weapons, ammunition, explosives and pyrotechnics | Fireworks, ammunition |
Result: Of three products, one was dropped for being prohibited and two went ahead with prior permits. The order that avoids losses is: classify, check the lists, ask the entity, process the permit, and only then pay.
2019
SUNAT's official list of prohibited import goods cites Directorial Resolution No. 0091-2019-MINAGRI-SENASA-DIAIA of SENASA under several subheadings, from prepared animal feed to pharmaceutical products. The prohibition covers only products that contain colistin (polymyxin E) and its salts as an active ingredient. It matters because a subheading can be allowed and a specific product can still be prohibited because of what it contains.
Ask the supplier for the full composition of the product and compare it with the legal basis in the list, not just with the name of the subheading.
Source: SUNAT – Lista de mercancía de importación prohibida (PDF)
2024
Multiple Official Letter No. 00039-2024-MINAM/VMDERN/DGDB of the Ministry of the Environment appears as the legal basis for more than twenty lines of SUNAT's prohibited import list. They cover shark and ray, live, fresh, frozen, smoked, dried or salted, with their fins, fillets, meat and offal. It matters because the prohibition is not limited to the whole animal: it includes almost any commercial presentation.
If you import food of animal origin, check all the presentations (fresh, frozen, dried, smoked) and not just the one you plan to buy.
Source: SUNAT – Lista de mercancía de importación prohibida (PDF)
2014
SUNAT's list includes, based on Law No. 29662 and Supreme Decree No. 028-2014-SA, numerous subheadings with amphibole asbestos. They are not only fibers and sheets: they include amphibole asbestos brake linings and discs for motor vehicles, and paper, fabrics or gaskets made from those mixtures. It matters because an importer of spare parts could offer a prohibited product without knowing it.
If you import spare parts, construction materials or gaskets, ask for the technical data sheet and confirm that they contain no amphibole asbestos.
Source: SUNAT – Lista de mercancía de importación prohibida (PDF)
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