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Objection Document to Seizure and a Reconsideration Appeal

  • By Siacomex
  • 28 March, 2024
  • 27 Views

Technical Analysis of DIAN Concept Number 100208192-390 of 2022

Differences between the Objection Document to Seizure and a Reconsideration Appeal

DIAN Concept Number 100208192-390 of 2022 clarifies the differences between the objection document to seizure and the reconsideration appeal, two procedures used in the Colombian customs context to challenge decisions related to the seizure and confiscation of goods.

Objection Document to Seizure

  1. Timing of Submission:
    • This document is submitted once the seizure act of the goods has been notified.
  2. Purpose:
    • To present objections regarding the seizure, recognition, and valuation of the goods.
  3. Content:
    • Objections to the seizure.
    • Evidence demonstrating the legality of the introduction or stay of the goods.
    • Request for additional pertinent and necessary evidence.
  4. Objective:
    • To ensure that goods are not improperly retained by providing evidence that proves their legality.

Reconsideration Appeal

  1. Timing of Submission:
    • This appeal is submitted once the administrative act deciding on the confiscation of seized goods has been notified.
  2. Purpose:
    • To formally challenge the administrative act ordering the confiscation of the goods.
  3. Content:
    • Legal and factual arguments questioning the confiscation decision.
    • Presentation of additional evidence if necessary.
  4. Objective:
    • To obtain the revocation or modification of the confiscation decision through an administrative procedure.

Key Differences

  • Timing of Submission:
    • The objection document is submitted after the seizure act, while the reconsideration appeal is submitted after the administrative act deciding on the confiscation.
  • Purpose and Content:
    • The objection document focuses on challenging the seizure and proving the legality of the goods, while the reconsideration appeal challenges the confiscation decision with legal arguments.

DIAN Concept Number 100208192-390 of 2022 provides clarity on two distinct but complementary procedures in the customs process. The objection document focuses on the initial seizure stage, while the reconsideration appeal is used to challenge the final confiscation decision, thus ensuring multiple opportunities for stakeholders to defend their rights.

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