Basic information
Outline of the system
As a rule, the Brazilian import regime does not require licensing. For some products, non-automatic import licensing are managed through the Foreign Trade Integrated System (SISCOMEX). All import licenses must be required through Portal Siscomex. The administrative procedures are electronic-based, so as to make the process more efficient and faster.
Product coverage
Products subject to non-automatic licensing are listed in the Administrative Treatment of SISCOMEX (http://portal.siscomex.gov.br/informativos/bens-sujeitos-a-tratamento-ad...) and can also be found on the web page of MDIC. In their majority, they are products which may cause damage to human, plant or animal health; products capable of causing environmental damage; products classified as weapons or made for warlike purpose; products subject to tariff quotas; and products subject to trade remedy measures established in accordance with the WTO agreements.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-automatic import licensing in Brazil is used to monitor products that may pose risks to human, animal, or plant health, or that may cause environmental damage. Weapons and other products that could be used for military purposes are also subject to non-automatic import licenses due to safety and security reasons. Non-automatic licenses are also used for products subject to tariff quotas, in accordance with WTO agreements.
The following operations are subject to non-automatic import licensing: imports processed under the Manaus Free Trade Zone and other free trade areas special regimes; imports subject to licensing by Brazil's National Council on Scientific and Technological Development; used goods imports, subject to the exceptions set out in paragraphs 2 and 3 of Article 43 of Portaria SECEX No.23/2011; imports originated in countries with restrictions contained in Resolutions by the United Nations; importation of goods for replacement, as regulated by Portaria MF No.150, July 26 1982; operations that may indicate fraud; goods subject to trade remedy measures and goods identical to those subject to trade remedy measures, when originated from producers or countries not subject to those measures.
Products under restriction as to the quantity or value of imports
Questions for products under restriction as to the quantity or value of imports
Brazil does not maintain import quantitative restrictions.
The system applies to products originating from which country?
Licensing is applied to all origins, without distinction.
Expected duration of licensing procedure
There is no deadline for the duration of the adopted measures, considering the importance of the goals indicated in item (g), above.
Legal requirements
Is the licensing statutorily required?
The Brazilian import licensing regime is based on the following legislation:
- Decreto nº 660, of 25 September 1992, altered by Decreto nº 8.229, of 22 April 2014, instituting Brazil's Foreign Trade Integrated System (SISCOMEX);
- Decreto nº 2.413, of 4 December 1997, altered by Decreto nº 5.473, of 21 June 2005, establishes the authority of the National Nuclear Energy Commission over the extraction, production, import and export of minerals and lithium ores and derivatives,
- Portaria Interministerial MF/MICT nº 291, of 12 December 1996, on processing import operations within SISCOMEX;
- Portaria DECEX nº 8, of 13 May 1991, on importation of used goods;
- Portaria SECEX nº 39, of 11 November 2011, which provides for special verification procedures on non-preferential origin;
- Portaria SECEX nº 23, of 14 July 2011, consolidating regulations on foreign trade operations;
Most import licensing is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
For most goods mentioned in the relevant legislative texts, legal coverage is defined within and is not subject to administrative discretion. The inclusion or exclusion of specific products may be left to administrative discretion, according to the related legal text.
Is it possible for the government to abolish the system without legislative approval?
Statutorily required licensing cannot be abolished without legislative approval. The full list of products subject to licensing is available at the Ministry of Industry, Foreign Trade and Services website: http://www.mdic.gov.br/comercio-exterior/importacao/tratamento-administr....
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Registration in SISCOMEX.
What persons or firms are eligible to apply for a licence?
Any person, enterprise or institution may request import licensing. The only requirement is the registration in SISCOMEX.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
The focal point for information on import licensing is the Department for Foreign Trade Competitiveness (DECOE), a unit pertaining to Brazil’s Foreign Trade Secretariat (SECEX), under the Ministry of Industry, Foreign Trade and Services (MDIC). Enquiries should be addressed to the Coordinator-General of Rules for Trade Facilitation and Foreign Trade Competitiveness.
Address
Information may also be obtained through the SISCOMEX website or at the following address:
Secretaria de Comércio Exterior (SECEX)
Address: EQN 102/103, Lote 1, Asa Norte
CEP: 70722-400
Brasília, DF, Brasil
Telephone
Fax
E-mail address
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Applications are submitted through SISCOMEX to the Department of Foreign Trade Operations (DECEX), a unit of Brazil’s Foreign Trade Secretariat (SECEX), which is the main office for managing import licenses. Depending on the product, the following governmental bodies may take part in the licensing procedures:
ANCINE – National Cinema Agency; ANEEL – National Electric Energy Agency; ANP – National Petroleum Agency; ANVISA – National Health Surveillance Agency; CNEN – Brazilian Nuclear Energy Commission; CNPq – National Council for Scientific and Technological Development; DFPC – Board of Controlled Products (Brazilian Army); DNPM – National Department of Mineral Production; DPF - Department of Federal Police; EBCT – Brazilian Mail and Telegraph Company; IBAMA – Brazilian Institute of Environment and Natural Renewable Resources; INMETRO – National Institute of Metrology, Standardization and Industrial Quality; MAPA – Ministry of Agriculture, Livestock and Supply; MCTI – Ministry of Science, Technology and Innovation; SUFRAMA – Manaus Free Trade Zone Superintendence.
Documentation requirements
What information is required in applications?
Information on documents and other requirements for application for license is available on the SISCOMEX website.
What documents is the importer required to supply with the application?
As a rule, presentation of documents is not required unless in specific situations established by the Brazilian legislation.
Window of submission of an application
How far in advance of importation must application for a licence be made?
In cases of non-automatic licensing, importers are advised to obtain the license before the departure of the products.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
According to the new single window initiative, all import licenses shall be required online, through SISCOMEX. A list of bodies in charge of import licensing in Brazil, as well as their scope and legal framework, is available at the Ministry Industry, Foreign Trade and Services' website: http://www.mdic.gov.br/comercio-exterior/importacao/tratamento-administr....
Issuing the license
Can a licence be granted immediately on request?
Terms and deadlines for processing and issuing licenses are in accordance with provisions laid down in Articles 2 and 3 of the Agreement on Import Licensing Procedures.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Once the new single window is fully operational, the application will be effected online by the competent administrative authority, and will not need to be passed on to other authorities.
Must the applications be passed on to other organs for visa, note or approval?
For most goods, the application shall be effected towards a single competent authority, and the applicant needs not to be passed on to other authorities for visa, note or approval. The importer has to approach only SISCOMEX.
Are there any other conditions attached to the issue of a licence?
In both cases, there are no other conditions to be observed for the issuance of licenses other than those related to the goals of non-automatic licensing.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There are no fees for licensing or administrative expenses. The importer may request licensing through SISCOMEX directly from its institution, once registered, or through institutions registered for that end.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Deposits of advance payments or guarantees concerning the issuance of licenses are not necessary.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Requests of license may be refused if they do not fulfil the requirements of the applicable legislation, as in the case of imports which may threaten human or animal health or cause environmental risks.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
Refusals may be, however, challenged by the applicant.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
According to the new single window initiative, all import licenses shall be required online, through SISCOMEX. A list of bodies in charge of import licensing in Brazil, as well as their scope and legal framework, is available at the Ministry Industry, Foreign Trade and Services' website: http://www.mdic.gov.br/comercio-exterior/importacao/tratamento-administr....
What documents are required upon actual importation?
There is no need for the importer to present the import license in order to conclude the customs procedures. The importer must present only the documents concerning the customs procedures.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importer is required to obtain an authorization from the Federal Revenue of Brazil (Receita Federal do Brasil) in order to operate within SISCOMEX.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Validity for non-automatic licenses expires within 90 days after their issuance. In case it is necessary to extend their validity under exceptional circumstances, the importer shall present to the competent bodies a request justifying its/their extension before its expiration date.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
In case of non-utilisation of the licenses, or partial utilisation, there are no penalties.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The ownership of the issued licenses shall not be transferred.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There is no relation between the licensing regime and foreign currency exchange regime.
Is a licence required as a condition to obtaining foreign exchange?
There is no relation between the licensing regime and foreign currency exchange regime.
Is foreign exchange always available to cover licences issued?
There is no relation between the licensing regime and foreign currency exchange regime.
What formalities must be fulfilled for obtaining the foreign exchange?
There is no relation between the licensing regime and foreign currency exchange regime.