A few days ago, dozens of passengers reported that Customs prevented the new iPhone 14 from entering Peru because they were not approved. The registered cases evidenced the retention of the equipment, but -after obtaining the certificate- they were returned. Thus, if you are about to bring merchandise into the country or send it abroad, keep in mind that some are prohibited and others have restrictions.
In this line, prohibited and restricted products have a differentiated treatment from the rest, according to their characteristics or their function, since they must comply with the requirements established in the legal regulations and procedures of our country.
Why is a commodity prohibited or restricted?
In accordance with César Alva, senior partner of the Foreign Trade area of the Muñiz studiothe objective of restricting or prohibiting the entry or exit of certain goods is to protect national security, health, the environment and morals.
“The Constitution establishes that foreign trade is free; that is, the exchange of goods and services is guaranteed, but there are also limits to that freedom that are based on health, public safety and moral issues.”, he referred to this medium.
He added that there are products that cannot be brought into the country because it is proven that they harm people’s health.. “For example, potassium bromate flour is prohibited because, according to WHO reports, it is carcinogenic”, he mentioned.
Regarding the restriction, the lawyer indicated that there are goods that are related to health and to enter the country they must go through an authorization from competent sectors.
“Customs ends up being a kind of watchmen at the door of the country. It only executes what the sectors tell it are restrictions”, he narrowed down.
What are the goods that are restricted?
Sunat He specified that some of the restricted goods are the following:
- Telecommunications apparatus.
- Animals and plants.
- Food and drinks.
- Weapons and ammunition.
- Cultural heritage.
- art pieces
- Medical equipment, among others.
“Old cars are restricted because they cannot exceed five years or a certain mileage. Also if you want to bring a freezer or air conditioning, these products must have a gas that does not harm the ozone layer and that certification must be given by the Ministry of Production.Alva pointed out.
Sunat indicated that, in addition to the corresponding customs documentation, they must have the control documents that protect their entry or exit from the country. permits and authorizations are issued by the competent sectors (State entities that by express rule have functional and technical competence to control and inspect certain merchandise).
What are the products that are prohibited from entering and leaving Peru?
According to Sunat, the objects that cannot enter the national territory and will be seized are: used clothing and footwear that is not owned by the traveler, beverages manufactured abroad with the name “pisco”, used auto parts, pyrotechnics, drugs and more.
“In the case of pisco, the prohibition applies to those drinks that have that denomination, but not to the product; that is, if you remove the pisco label and put aguardiente on it, it can enter without any problem”, referred the lawyer of the Muñiz study.
In the case of cash or negotiable financial instruments with a value greater than US$10,000 and less than US$30,000, they must present an affidavit. They cannot deposit more than US$30,000.
Along these lines, these prohibited goods are classified into two large groups:
- Prohibited Import Goods: Among them, domestic cattle (purebred breeders), frozen lamb meat, flour with potassium bromate, methamphetamine, weapons and ammunition prohibited for the customs deposit regime and many more. Here the LINK with the whole list.
- Prohibited export products: Among them, wild fauna primates for zoos, live alpacas that have obtained awards and distinctions in official events, orchids of all wild species, raw reptile skins and more. In this LINK the full listing.
What are the penalties?
César Alva maintained that the great sanction of a prohibited product, beyond a fine, is that it cannot enter or leave the country.
On the other hand, if it is a restricted merchandise, there is the possibility of obtaining an authorization from the competent entity for its entry or exit, he added.
For Sunatthe person who illegally introduces and extracts merchandise for a value greater than 4 UIT (S / 18,400), and whose import or export are prohibited or restricted in Peru, could be punished with a custodial sentence of not less than eight nor more than 12 years and with 730 to 1,460 days-fine.