Art. 59 section III: legal basis of the MVE

Article 59 of the Customs Law

Article 59 of the Customs Law establishes the obligations every importer must meet to operate in foreign trade. It is an extensive article with multiple sections, but section III directly establishes the MVE.

What section III says exactly

Section III of Article 59 states that importers are obligated to deliver to the customs broker a value declaration, under oath, stating the transaction value of goods and the elements that comprise it, including additions and deductions.

Rule 1.5.1 of the RGCE 2025 operationalizes this obligation by establishing that the value declaration shall be filed electronically via Format E2 through VUCEM, signed with the importer's e.firma.

Why the importer and not the customs broker

The law is clear: the obligation to declare value falls on the importer. The importer knows the sale conditions, payments made to the supplier, agreed royalties and provided assistance. The customs broker may prepare information, but legal responsibility belongs to the importer.

Section V: mandatory electronic file

Since January 1, 2026, the reformed section V of Article 59 requires importers to maintain an electronic file with: invoices, payment receipts, transport documents, contracts and all documents related to the goods' value.

Penalties for non-compliance

Failing to file the MVE or filing with incorrect information can generate: fines under Art. 185 section VII of the Customs Law, importer registry cancellation, precautionary embargo via PAMA, and in cases of intentional undervaluation, criminal prosecution for technical smuggling.