On Apr. 12, CHL Tax published requirements re sworn statement.
CHL GVT issued exempt Resolution 41 on requirement of sworn statement
The requirements are applicable to banking institutions, firms involved in sale, processing, or payment of electronic foreign currency transactions for imports.
Sworn Statement Requirements
Must generate virtual file of sworn statement per Circulars 39 of 1991 and 27 of 2007.
Sworn statement will be signed or accepted electronically by importer per Law 19.799.
If transaction in person, the firm must generate a file with the sworn declaration in accordance with the terms established in Circulars 39 and 27 of 2007.
This file must be signed by the importer or authorized representative, whose identity must be verified by the firm using the mechanisms used to sign other documents.
Furthermore, the firm must also verify that the signatory has sufficient authority.
Sworn statements/declarations must be kept for future review per Art 200 of Tax Code.
if firm selling foreign currency does not have the importer's sworn declaration, it must pay the stamp duty in accordance with Art. 10 of Legislative Decree 3.475 of 1980.
