OBLIGATION OF FREIGHT FORWARDERS TO ISSUE ID CARDS TO THEIR STAFF

DIAN, National Registry of Cargo Dispatch RNDC

The Importance of Credentialing in International Freight Agencies: A Regulatory Analysis in Colombia

In the dynamic world of international trade, International Freight Forwarding Agencies play a crucial role as intermediaries between exporters, importers, and customs authorities. To ensure smooth and transparent operations, Colombian regulations establish clear guidelines on issuing ID cards to the staff working in these entities. This essay aims to analyze in detail the regulatory aspects related to staff ID card issuance in freight forwarder, referencing Resolution 046 of 2019 and DIAN’s official letter 9349 of 2018.

Article 69 of Resolution 046 of 2019 establishes the obligation for freight forwarders to issue ID cards to all personnel conducting transactions with customs authorities on their behalf and representation. This measure aims to ensure full identification of individuals interacting with DIAN, guaranteeing transparency and traceability of customs operations.

YOU CAN ALSO READ THE AUTHORIZATION OF PORTS AND SPECIAL PORT FREE TRADE ZONES BY THE NATIONAL DIRECTORATE OF TAXES AND CUSTOMS (DIAN)

Restrictions and Differentiations in Personnel Hiring in IFAs: Analysis of DIAN’s OFFICIAL LETTER 9349 of 2018

However, the situation becomes more complex when considering DIAN’s official letter 9349 of 2018, which clarifies that the engagement of individuals through service contracts to act on behalf of the freigt forwarders is not allowed. This restriction is based on the definition of an independent contractor established in the Substantive Labor Code, where such a person is identified as someone who neither represents nor acts as an intermediary for the hiring party, assuming all risks of the activity they carry out with their own means and under their own responsibility.

It is important to distinguish between subcontracted personnel and independent contractors in the context of freight forwarders. While both types of collaborators may support logistical operations, only subcontracted personnel can be issued ID cards by the freight forwarder to conduct customs transactions.

YOU CAN ALSO READ PRE-DECLARATIONS OF IMPORT IN COLOMBIA

Key Differences Between Subcontracted Personnel and Independent Contractors in IFAs: A Regulatory Analysis

Subcontracted personnel work under the supervision and responsibility of the freight forwarder, acting as support for the release of goods at the port. It is crucial to note that, despite their supporting role, the final responsibility for customs transactions lies with the freight forwarder, not the subcontracted personnel.

On the other hand, independent contractors operate with greater autonomy, assuming all risks of their activity and not establishing a labor relationship with the freight forwarder. Consequently, such individuals cannot be issued ID cards by the agency nor conduct customs transactions on its behalf.

Resolution 046 of 2016 specifies the specific requirements that the ID cards of subcontracted freight forwarder personnel must meet.

In conclusion, compliance with the regulations regarding staff ID card issuance in freight forwarders is essential to ensure the transparency and legality of customs operations. freight forwarders must clearly differentiate between subcontracted personnel and independent contractors, issuing ID cards only to subcontracted personnel who meet the requirements established by DIAN.

If you have any questions and require specialized advice, remember that at GRILLO CORREA CONSULTORÍAS S.A.S., we are ready to assist you virtually and in real-time to achieve the objectives and recognition that you and your company deserve.

Download the regulation available on the web here: [https://www.dian.gov.co/normatividad/Normatividad/Resoluci%C3%B3n%20000046%20de%2026-07 2019.pdf](https://www.dian.gov.co/normatividad/Normatividad/Resoluci%C3%B3n%20000046%20de%2026-07-2019.pdf)