By Luis Carlos Ramírez – Managing Partner
- Colombia has banned the importation of goods produced wholly or partially through forced labor, even when such labor occurs in earlier stages of the supply chain. The measure may result in customs inspections, seizure, and forfeiture.
- Following the United States’ adoption of an additional 12.5% tariff under Section 301, the new regime specifically addresses one of the main concerns raised by that country, although it does not automatically eliminate that tariff.
- Importers and companies with international supply chains must now strengthen their traceability and due diligence systems. Knowing the immediate supplier may not be enough: the origin of inputs, audits, certifications, traceability, and remediation mechanisms may become fundamental elements for managing customs risk.
What did Colombia do?
The government issued Decree 1444 of September 28, 2026, which prohibits the entry into the national customs territory of goods that have been wholly or partially extracted, produced, manufactured, or processed through forced or compulsory labor.
The scope of the prohibition is particularly significant. It is not limited to the final manufacturer or exporter but encompasses the various stages of the supply chain, including extraction, cultivation, harvesting, manufacturing, assembly, processing, and finishing.
Goods that violate the prohibition are classified as goods prohibited from importation and are subject to the controls and consequences provided for by the customs regime, including seizure and forfeiture.
The Context: U.S. Trade Pressure
The issuance of the Executive Order must also be understood within the context of a broader shift in international trade policy regarding forced labor.
In March 2026, the Office of the United States Trade Representative (USTR) launched investigations under Section 301 of the Trade Act of 1974 against 60 economies, including Colombia, for failing to impose and effectively enforce bans on the importation of goods produced through forced labor.
In June, the USTR specifically concluded that Colombia did not have such a ban in place and determined that this situation was unreasonable and affected U.S. trade. Subsequently, the United States imposed additional tariffs of 10% or 12.5% on the economies under investigation, depending, among other factors, on whether they had such bans in place or had committed to adopting and effectively enforcing them.
Colombia was subject to the additional 12.5% tariff on products covered by the U.S. measure.
Decree 1444 substantially modifies the regulatory framework that the USTR had evaluated. However, its issuance does not automatically eliminate the U.S. tariff. The modification or suspension of that measure will require action by the United States and will likely depend not only on the formal existence of the ban but also on its effective implementation.
How will the new ban work?
The system divides responsibilities among three authorities.
The DIAN will have primary responsibility for customs control. It will be able to conduct audits and investigations, request information, gather and evaluate evidence, and, when appropriate, take measures to seize and confiscate goods.
The Ministry of Labor, when requested by the customs authority, will make a technical determination as to whether certain acts constitute forced labor under ILO Convention No. 29. That determination does not in itself establish that a specific good is linked to those acts: the assessment of the transaction and customs decisions are the responsibility of the DIAN.
The Ministry of Commerce, Industry, and Tourism will participate in the coordination of trade policy, the exchange of information, and the identification of risk factors.
Risk Lists: A Tool That Companies Should Monitor Closely
The Ministry of Commerce, with technical support from the Ministry of Labor, will establish indicative risk lists that may identify goods, sectors, producers, exporters, entities, or supply chains for which there is objective, verifiable, and sufficient information regarding the risk of forced labor.
These lists may be used to guide customs risk management and select transactions subject to scrutiny.
However, the mere fact that an investigation is underway will not, on its own, be sufficient to justify inclusion on the list. The Decree requires objective criteria and mechanisms for review, correction, and updating, as well as guarantees of transparency, the right to a hearing, and the right to challenge the decision.
Its implementation will therefore be one of the upcoming regulatory developments that companies should monitor.
What changes for Colombian importers?
The main change is that labor compliance in the international supply chain now has a direct customs dimension.
Authorities may consider information from foreign governments, international organizations, administrative or judicial decisions, customs systems, labor and business organizations, civil society, affected communities, and other reliable public sources.
Therefore, companies should be prepared to reasonably demonstrate:
- the origin and traceability of goods and inputs;
- the identification and evaluation of suppliers;
- due diligence processes;
- available audits and certifications;
- contractual clauses related to forced labor;
- correction or remediation mechanisms for identified risks.
Documentation takes on particular importance because the Decree expressly recognizes the possibility of providing evidence regarding traceability, audits, certifications, due diligence, and corrective measures within the corresponding procedures.
And what does this mean for Colombian exporters?
Although the Decree directly regulates imports into Colombia, its effects may also be significant for exporters.
The adoption and, above all, the effective implementation of the regime could become an important element in discussions with the United States regarding the additional 12.5% tariff.
Furthermore, the international trend is broader. The United States, the European Union, and other economies are progressively incorporating requirements related to labor rights, sustainability, and traceability into their trade policies.
For Colombian exporters integrated into global supply chains, anticipating these standards can serve as both a compliance tool and a competitive advantage.
CID-Pro Recommendations for Businesses
CID-Pro recommends not waiting for the first request from the DIAN. Importers and companies operating in international supply chains should conduct a proactive exposure assessment.
The first step is to map the supply chain, identifying not only direct suppliers but also—depending on the level of risk—critical inputs, countries, regions, and relevant production processes.
The second step is to establish a documented due diligence protocol that is proportionate to the risk associated with each operation and supplier.
The third step is to review contracts, supplier declarations, certifications, audits, and traceability mechanisms, ensuring they allow for the collection and retention of the necessary evidence in the event of an audit.
Finally, it will be essential to monitor the risk lists and regulations issued by the DIAN, the Ministry of Commerce (MinComercio), and the Ministry of Labor (MinTrabajo), as well as developments in the talks between Colombia and the United States.
CID-Pro Can Support Your Company
At CID-Pro Consulting, we support importers, exporters, producers, and trade associations on matters related to trade policy, customs, trade defense, and trade compliance.
In light of the new Decree 1444, we can assist companies in assessing risk exposure, designing due diligence protocols, reviewing supply chains and suppliers, organizing traceability evidence, monitoring risk lists and regulations, and providing technical representation before Colombian authorities.
The prohibition of forced labor is no longer merely a matter of human rights and corporate sustainability. It is also becoming a rule governing market access and international customs compliance.
For companies participating in global supply chains, preparing in advance will be considerably less costly than reacting once goods are already subject to scrutiny.
At CID-Pro Consulting, we assist companies, trade associations, and investors in assessing tariff impacts, conducting regulatory risk analyses, developing public policy strategies, and making decisions in changing environments (Policy Strategy). We also support organizations in identifying regulatory risks (Risk Management) and in structuring corporate strategies to navigate increasingly complex economic and commercial environments (Corporate and Business).
