1. RÉGIMEN TRIBUTARIO ADUANERO
En materia aduanera encontramos que, si una persona importa mercaderías extranjeras o exporta mercaderías nacionales, se halla sujeta al pago de un tributo aduanero, pudiendo convertirse en sujetos pasivos del tributo el consignante o el consignatario, el despachante de aduanas, estas últimas si han actuado en el despacho de la mercadería. Los tributos aduaneros para la Importación son: el Gravamen Arancelario y los impuestos establecidos por Ley y para algunos casos se tiene el pago de la compensación y derechos antidumping, en este caso existe un régimen especial de exención al pago para algunas instituciones o para algunas mercaderías. Para la exportación se considera que está exenta de pago de impuestos aduaneros, salvando casos especiales previstos por Ley.

2. FORMALIDADES ADUANERAS
Se refiere a todos aquellos pasos y documentos que se deben cumplir y presentar de manera previa a la entrega de mercaderías ante la administración de aduanas, para el ingreso y salida de medios y unidades de transporte de uso comercial, para el despacho aduanero. En cada una de estas etapas se debe considerar que la Ley ha dispuesto con el cumplimiento previo de algunos requisitos, por ejemplo para el caso de la entrega a la Administración de Aduanas, se debe entregar en ese momento el “manifiesto internacional de carga” que es un documento esencial ya que establece las guías aéreas o cartas de porte, la calidad y cantidad de la mercadería y cuando corresponda se presentará además documentos consolidados o de soporte para mejor conocimiento de las mercaderías entregadas sea en puesto fronterizo o en zona franca.

3. REGIMENES ADUANEROS
Se consideran regímenes (actividades reguladas) de carácter general: la Importación para el consumo, la admisión de mercaderías con exoneración de impuestos (mercaderías de ayuda internacional o exoneradas según Convenio o Tratado), la reimportación de mercaderías (aquellas que se exportan y están un tiempo en libre circulación y luego retornan al país), y la Exportación Definitiva. Estos regímenes son los que se dan en forma corriente en cuanto la salida y entrada de mercaderías a un Estado.

Los regímenes especiales se refieren a las mercaderías que solo están en tránsito en el país, que están en trasbordo o que están depositadas en Aduanas, las que están admitidas temporalmente para su reexportación, para devolución del gravamen arancelario, régimen de viajeros, empresas de servicio expreso, ferias internacionales, muestras, etc., estos regímenes disponen una legislación especial que debe ser estudiada en cada caso y que, no se halla sujeta a la misma reglamentación del régimen general.

4. ILÍCITOS ADUANEROS
En esta materia importa mucho los cuidados que se deben tomar para no incurrir en ilícitos o contravenciones aduaneras, considerando que el régimen de las formalidades y la presentación de documentos es exigente y la revisión rigurosa, donde la diligencia es exigida al máximo, resultando que la mínima falla es sancionada. La contravención se considera cualquier infracción a la Ley General de Aduanas o sus reglamentos, que debe ser valorada según las Autoridades competentes de la Aduana Nacional en un proceso administrativo abierto a este efecto, donde se podrán presentar justificativos y descargos. Las sanciones por contravenciones van establecidas en multas pecuniarias o en algunos casos retiros de licencias o concesiones.

5. DELITOS ADUANEROS
Los delitos en materia aduanera están referidos a: contrabando, defraudación aduanera, usurpación de funciones aduaneras, sustracción de prenda aduanera, falsificación de documentos aduaneros, asociación delictiva aduanera, falsedad aduanera, cohecho (corrupción) activo o pasivo, tráfico de influencias. Estas conductas delictivas son sancionadas con penas privativas de libertad de hasta seis años (contrabando) y con penas pecuniarias así como el retiro de licencias. El proceso se tramita en forma breve porque se efectúa a través de audiencias donde se dicta la sentencia. Estos delitos prescriben en el plazo de cinco años.

6. RECURSOS
Contra la sentencia condenatoria procede el recurso de apelación restringida que procede por inobservancia o errónea aplicación de la Ley, lo conoce la Corte Superior del Distrito, y el sancionado tiene el plazo de quince días desde la notificación con la sentencia para hacer uso de la misma. Este recurso se tramita a la manera de un pequeño proceso con Audiencias donde se pueden recibir excepcionalmente pruebas que por motivos justificados no se hubiesen podido presentar en el juicio principal.

Si este recurso resulta desfavorable por una errónea interpretación de la Ley, entonces se tiene como último recurso el de Casación, que se sustanciará ante la Corte Suprema de Justicia, contando con ocho días para ello (que corren desde la notificación con el Auto de Vista de la Corte Superior).

7. SITUACIÓN DE LA MERCADERÍA INFRACTORA
Cuando se comete el delito de contrabando, la Ley dispone que todas las mercaderías son puestas en comiso a favor del Estado, sin importar el valor de las mismas (si no hay mercaderías se impone una multa del 200 % de su valor), comprobado el delito y si la sentencia tiene carácter firme, las mercaderías serán rematadas y el producto del remate será depositado en cuentas fiscales estando destinada al pago de los tributos aduaneros omitidos y daños al Estado. Si estas mercaderías son insuficientes entonces se podrá seguir una acción por daños y perjuicios en contra del patrimonio del contrabandista o contraventor.

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  96. When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you can remove people from that service? Cheers!

  97. When I initially left a comment I seem to have clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get 4 emails with the same comment. Perhaps there is a way you are able to remove me from that service? Kudos!

  98. When I originally left a comment I appear to have clicked on the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the exact same comment. Perhaps there is an easy method you can remove me from that service? Many thanks!

  99. When I initially commented I clicked the -Notify me when new comments are added- checkbox and now every time a remark is added I get four emails with the same comment. Is there any manner you can remove me from that service? Thanks!

  100. When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you can remove people from that service? Cheers!

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