Legal
Circular 170 DIAN
Through the External Circular 170 of 2002, the Directorate of Customs and National Taxes (DIAN), has established mandatory processes for Public Warehouses, Private Warehouses, Customs Agencies, Port Companies, Free Zone Users, among other actors in the logistics chain, regarding customer knowledge and business associates in order to prevent the crimes of Money Laundering and Terrorism Financing.
Observations to take into account at the time of filing: The documents must be fully filled out, no box must be left blank so that they are not returned, please before sending any original document to the AGENCIA DE ADUANAS ACOLCEX SAS LEVEL 2, they must be consolidated first by this means in PDF format, to upload to the system and carry out a prior review, once the documents are approved, the following will be requested:
- Authenticate the Documents that may apply.
- Send the originals to our facilities in Bogotá.
After completing these steps, CIRCULAR 170 will be sent to the SIPLA compliance employee, once they give us the approval, the client will be informed, and an internal email will be sent to the operational area
of the company, so that they begin the operation.
CURRICULUM VITAE
Why is it requested?
This document provides basic information on the general data of the organization, its legal representative and those in charge of the main foreign trade activities conducted with its clients.
How is it done?
It must come fully filled out. No box should be left blank if it does not apply to you, please fill in with N/A, the legal representative must sign the document by freehand or with a certified electronic signature (Attached format: Client resume).
CERTIFICATE OF EXISTENCE OF CHAMBER AND COMMERCE
Why is it requested?
To corroborate all the data of our business associate and to verify the legal existence and that it is registered with the respective regional entity.
How should the document be?
Certificate of existence of chamber and commerce not older than 30 days (After March 31 it must be renewed). If the value of the assets registered in the chamber of commerce differs from those reported in the company's balance sheet, please send a supporting letter on the company's letterhead, with the explanation from the person who prepares the financial reports.
SHAREHOLDER COMPOSITION CERTIFICATE
Why is it requested?
Customs agencies in Colombia must know which are the constituent parts of the company and thus determine if there is any type of risk for the development of the operation. In addition to this, it is necessary to verify that the Partners that appear in this document, with the Chamber of Commerce and verify their data in the Binding lists.
How should the document be?
This document must be from the month in which it is requested and must be signed by the Legal representative or by the accountant of the company.
PHOTOCOPY OF IDENTITY DOCUMENT REP. LEGAL(S)
Why is it requested?
It is requested to corroborate the data in all the documents in which the person is registered.
RUT – SINGLE TAX REGISTRY
Why is it requested?
It is requested to identify Natural or legal persons within the tax system, considering their economic, commercial activity and corroborate that they are the same data that are registered in the other documents.
How should the document be?
(They must be the total number of pages and be printed in the month requested).
INCOME STATEMENT
Why is it requested?
Clearly requirement of the ports to register the companies and verify if the amount of the merchandise agrees with what the client reports in this document.
ETHICAL AND COMMERCIAL AGREEMENT
Why is it requested?
It is requested to guarantee the confidentiality of the processes and operations with the Business Associate. (Attached format).
How should the document be?
There must be the names of the Legal Representatives of ACOLCEX with their identification number, and on the other hand the Name and identification number of the Legal Representative of the company with whom commercial activities are going to be conducted.
This document must include the name, signature, and identity document number of the Legal Representative of both parties, both the client and the supplier.
BUSINESS ASSOCIATE SECURITY VISIT
Why is it requested?
It is requested to corroborate data and the physical existence of our business partner and that the main activity that is registered in the Chamber of Commerce is exercised.
How should the process be?
It will be carried out according to agreement with you, this must have a photographic record of the company and it can be done in person or virtually, via Teams or WhatsApp, as is best for our business associate, since a panning and registration must be carried out photos of the facilities.
How should the document be?
The document must be signed by the person who made the Commercial Security Visit and by the person who received it.
POWER VUCE (SINGLE WINDOW FOR FOREIGN TRADE)
Why is it requested?
It is requested to associate the Customs Agency and can act before the Ministry of Foreign Trade, making registrations or licenses as appropriate, among others.
How should the document be?
Which must go on letterhead stationery (without authenticating) and signed by the Legal representative, all spaces must be filled out.
BANK REFERENCE
Why is it requested?
This document must confirm that the certification is in the name of the client, whether it is a natural or legal person, and the account number for the time of the operation or transactions that may take place.
How should the document be?
This document must be from the current month and must be generated on the Bank's letterhead.
COMMERCIAL REFERENCE
Why is it requested?
It is requested to have a perspective and commercial recommendation of the Business Associate.
How should the document be?
This document must be from the current month and be in the name of the client with whom you have commercial relations, whether natural or legal person, and must be generated on the letterhead of the company issuing it.
GENERAL MANDATE
Why is it requested?
This document is requested so that our client may authorize the Customs Agency to represent him and carry out the customs formalities necessary for compliance with the customs regime.
How should the document be?
This document must be filled out, signed by freehand or with a certified electronic signature, all pages must be in the company's letterhead and must be authenticated, this seal must be placed on all pages of the document. Before authenticating the documents or sending them physically, please send them by this means for their due review and approval. It is requested, so that our Associate does not send the original documents and lose their authentication.
ACCOUNTING FORMAT
Why is it requested?
It is requested to verify the billing data when billing directly; if the logistics operator or Freight Agency is billed, it should not be requested.
How should the document be?
It must be filled out and signed by the accountant.
FINANCIAL INFORMATION
Why is it requested?
This information is requested, to guarantee that the company does have the liquidity, to make the payment of the operation.
How should the information be?
FINANCIAL INFORMATION Which must be complete, composed as follows:
- Statement of Financial Situation and comparisons of the last 2 years.
- Comprehensive Income Statement or a Separate Income Statement.
- A Cash Flow Statement
- A Statement of Changes in Equity.
- The Notes to the Financial Statements
- Certification to the financial statements issued by the accountant of the company who prepares the financial statements.
- Opinion on the financial statements by the company's fiscal auditor if required, otherwise the opinion of the external accountant who audits them.
- Copy of the certificate of the National Board of Accountants of the accountant and tax auditor of the company if required, otherwise the certificate of the external accountant who audits them. (See the standard in this Link.)
IF YOU HAVE ISO OR BASC, OR OTHER CERTIFICATIONS, ATTACH A COPY.
COPY OF IDENTITY DOCUMENT OF THE ACCOUNTANT AND TAX AUDITOR
Why is it requested?
It is requested to verify that it is the same person who prepares and signs the financial statements.
How should the document be?
It must be a legible copy, where the identification number of the person can be identified.
OF THE PROFESSIONAL CARD OF THE ACCOUNTANT AND TAX AUDITOR
Why is it requested?
It is requested to verify that it is the same number that is recorded in the signature of the Financial Statements.
How should the document be?
It must be a legible copy, where the person's card number can be identified.
CENTRAL BOARD OF ACCOUNTANTS OF THE ACCOUNTANT AND FISCAL AUDITOR
Why is it requested?
It is requested to verify that it is active.
How should the document be?
It must be legible to be able to identify the identification number and professional card of the person and must be current.
DOCUMENTS UPLOADED ON THE PAGE
How should the documents be?
All documents must be uploaded in PDF format and in separate files, please do not zip them.
Why is it requested?
This is requested in this way, to guarantee our Business Associate, that the document will not be modified.
REQUEST FOR ORIGINAL DOCUMENTS
Once we have the complete documents and the CIRCULAR 170 approved by the compliance employee, it will be requested to send the following original documents to the company:
- CV
- Ethical agreement.
- General mandate.
- VUCE power.
- Visit Format.
- Accounting format.
- Or any other power to which there is room.
