Customs and Foreign Trade Law · Ecuador

Customs andTradelaw for importers and exporters.

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We help importers and exporters move their goods across the border with the right permits, tariff code and value. And when a dispute with customs arises, we defend your company before SENAE (Ecuadorian customs) and the courts.

01 / Why Fexlaw

In foreign trade, a detained container costs more every day it waits. That is why we prepare each shipment before it leaves and, if a problem arises, we act immediately.

ISO 37001Firm certified in an anti-bribery management system.
Great Place to WorkCertified as one of the best places to work.
0professionals, including lawyers, analysts and forensic experts.
0of our clients are corporations.
02 / Your shipment

From the contract to customs clearance.

Most customs problems start before the goods reach the port. We review every step of the operation with your company.

  1. 01

    International contract

    We review the purchase or sale terms with your supplier or customer abroad.

  2. 02

    Permits and certifications

    We identify the permits, registrations and certificates your product requires before shipment.

  3. 03

    Tariff code

    We determine the correct classification of the goods and the duties and taxes that apply.

  4. 04

    Customs value

    We review the basis of the declared value and the documents that support it.

  5. 05

    ECUAPASS declaration

    We organize the paperwork so the declaration is consistent.

  6. 06

    Clearance or appeal

    We support you through clearance and, if customs raises an objection, we prepare the response or the appeal.

03 / Services

Compliant goods, smooth operations.

We advise companies that import and export, from choosing the right customs regime to defending them in penalty proceedings and in court.

01Planning

Customs regimes and permits

We work with you to choose the customs regime that best suits your operation, and we handle operating permits, registrations and certifications.

  • Customs regimes
  • Operating permits
  • Certifications
02Planning

Classification and valuation

We determine the tariff code and review the customs valuation of your goods to avoid objections, surcharges and delays.

  • Tariff classification
  • Customs valuation
  • Foreign trade duties and taxes
03Planning

Contracts and documentation

We draft and review international contracts and organize the supporting documentation in ECUAPASS, in line with the COPCI.

  • International contracts
  • ECUAPASS
  • Risk prevention
04Disputes

Appeals before SENAE

We challenge tariff reclassifications, value adjustments and other customs decisions, and we arrange guarantees where they allow the goods to be released.

  • Administrative claims
  • Customs guarantees
  • Release of goods
05Disputes

Penalties and litigation

We defend your company in customs penalty proceedings and before the District Tax Court.

  • Penalty proceedings
  • Tax litigation
  • Appeals
06Protection

Border measures and smuggling

We request the suspension of imports that use your trademark without authorization and take action against smuggling, together with our Anti-Piracy practice.

  • Border measures
  • Detention of goods
  • Anti-smuggling actions
04 / Customs fronts

What we review in every operation.

Well-managed foreign trade protects your cash flow and your reputation. These are the areas we review with your company, in coordination with our Tax Law and Intellectual Property practices.

Featured case

SENAE decision upheld by the District Tax Court.

We filed an appeal before SENAE against the clearance of products for human consumption that lacked a sanitary registration. We obtained a favorable first-instance decision, which the District Tax Court later upheld.

Tariff code

Correct classification of the goods.

Valuation

Basis of the customs value.

Permits

Sanitary registrations and certifications.

ECUAPASS

Declarations and documentation.

Regimes

Import, export and special regimes.

Collateral

Release of goods under dispute.

Border measures

Protection of your trademark at customs.

Sanctions

Defense in penalty proceedings.

05 / Experience

Operations that define us.

Matters in which we have supported our clients, described without revealing their identity.

Liquor importerLarge-scale importfrom the United Kingdom

Correct permits, declaration and tariff code

We designed the strategy for a large-scale liquor import: sanitary permits, customs declaration and correct tariff classification of the goods.

Sanitary permitsTariff classification
Construction materials importerReleaseof the goods under a customs guarantee

Unjustified tariff reclassification

Faced with a tariff reclassification we considered unjustified, we filed an appeal before SENAE and cleared the goods under a customs guarantee, which allowed their release.

Appeal before SENAECustoms guarantee
Foreign chemical products companyDetentionand non-clearance of the goods

Border measure for unauthorized trademark use

We requested a border measure against goods that used our client's trademark without authorization; the goods were detained and not cleared through customs.

Border measuresIntellectual property

Every case is different. Results in previous matters do not guarantee a similar outcome in other cases.

06 / How we work

One team, one point of contact.

01

Initial meeting

We listen to your situation in full confidence and review the information available.

02

Assessment

We identify risks, outstanding obligations and priorities for your company.

03

Plan and budget

We propose the roadmap, timeline and team, including any other practice areas of the firm that need to be involved.

04

Execution and follow-up

A lead lawyer coordinates everything and keeps you clearly informed at every step.

07 / Recognition

Six consecutive years in Band 1.

Leaders League has ranked Fexlaw in the top band for Criminal Law and Compliance in Ecuador for six years running. Chambers and Partners and the intellectual property rankings also recognize us for our anti-piracy work.

08 / Team

The people behind of your foreign trade.

Lawyers in customs law, foreign trade and anti-piracy, backed by Fextor's investigators and forensic experts.

Wadys Tejada Flórez, Coordinator, Customs Law Practice — FexlawPractice lead
01Wadys
01 / 03Wadys
Tejada Flórez
Coordinator, Customs Law PracticeView profile →
Alicia Salgado Macías, Head of the Anti-Piracy Practice — Fexlaw
02Alicia
02 / 03Alicia
Salgado Macías
Head of the Anti-Piracy PracticeView profile →
Antonella Herrera Ojeda, Deputy Coordinator, Anti-Piracy Practice — Fexlaw
03Antonella
03 / 03Antonella
Herrera Ojeda
Deputy Coordinator, Anti-Piracy PracticeView profile →
09 / Frequently asked questions

What clients often ask us.

General answers to common questions. Every company is different: write to us so we can review your situation.

01

What should I do if customs changes the tariff code of my goods?

Review the notice and the deadlines right away. You can file an appeal before SENAE and, in certain cases, clear the goods by posting a guarantee while the dispute is resolved.

02

Why does tariff classification matter?

Because it determines the duties and taxes your goods pay and the permits or restrictions that apply to them. An incorrect classification can lead to surcharges, penalties and clearance delays.

03

Can I challenge a SENAE decision?

Yes. You can file an administrative appeal with SENAE itself and, if the decision is not in your favor, take the matter to the District Tax Court within the deadlines set by law.

04

What is a border measure?

It is a mechanism that allows the owner of a trademark or other intellectual property right to request the suspension of the clearance of goods suspected of infringing it. The intellectual property authority must ratify the measure within a maximum of three days, after which the rights holder brings the corresponding actions.

05

What is the difference between a customs violation and smuggling?

It depends on the conduct and the value of the goods: some violations are penalized through administrative proceedings, while others are crimes under the Comprehensive Organic Criminal Code (COIP). We review your case and determine the appropriate defense or action.

CONTACT

Let's talk about
your operation.

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Offices in Quito · Guayaquil · Bogotá · Lima
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