Basic information
Outline of the system
The products covered by Decree No. 7621/2017 require prior authorization. Licences are approved in all cases where the established requirements are met, and are consistent with Article 2 of the Agreement on Import Licensing Procedures of the World Trade Organization.
Product coverage
Import licensing for "touring class" ("T") protective helmets intended for drivers and passengers of two wheel, three wheel or four wheel motorcycles without cabs in Tariff Subheading 6506.10.00 of the Mercosur Common Nomenclature (NCM) – Safety headgear, is an automatic procedure.
Nature of licensing
Automatic
If Automatic, administrative purpose
Its purpose is quality control, registration and collection of statistical data.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The procedure is not intended to limit either the quantity or the value of imports.
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
The system applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
The duration of the procedure, which is not established in the Resolution, is indefinite and subject to possible subsequent review.
Legal requirements
Is the licensing statutorily required?
Decree No. 7.621/2017 creating the register of manufacturers and importers of "touring class" ("T") protective helmets intended for drivers and passengers of two wheel, three wheel or four wheel motorcycles without cabs, and establishing the mandatory certification, the prior import licensing regime and the marking and labelling of such helmets.
Yes, it is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation itself establishes the products subject to licensing.
Is it possible for the government to abolish the system without legislative approval?
The Executive has the power to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
All importers are eligible to apply for licences as long as they are registered as such in the register of importers of the National Customs Directorate and the register of importers of "touring class" ("T") protective helmets, overseen by the Ministry of Industry and Trade's Under Secretariat of State for Trade.
What persons or firms are eligible to apply for a licence?
All persons and enterprises are entitled to register.
Is there a registration fee?
A fee will be charged for importer registration.
Is there a published list of authorized importers?
There is no published list of authorized importers, although the information is available at the request of the interested parties.
Contact point for information on eligibility
Ministry/Authority
Ministerio de Industria y Comercio, MIC (Ministry of Industry and Trade), Dirección General de Comercio Interior (Directorate-General of Domestic Trade)
Address
Mcal. López e/ Dr Weiss, 1er piso
Telephone
(+) 591 21 616 3207
Fax
(+) 591 21 616 3066
Contact officer
Victor Monges
Submission of an application
Administrative body(ies) for submission of an application
Ministerio de Industria y Comercio, MIC (Ministry of Industry and Trade), Dirección General de Comercio Interior (Directorate-General of Domestic Trade)
Documentation requirements
What information is required in applications?
The information required in import licence applications is indicated on the respective application form.
What documents is the importer required to supply with the application?
The documents to be submitted are pending regulation by the Ministry of Industry and Trade.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications for licences may be submitted on any working day prior to the date of import clearance.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations.
Issuing the license
Can a licence be granted immediately on request?
If, for various reasons, the product has not arrived within the time stipulated and an application has been submitted, then yes, an extension can be granted, provided a request is made.
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?
Consideration is effected by a single administrative organ, the Ministry of Industry and Trade.
Must the applications be passed on to other organs for visa, note or approval?
Consideration is effected by a single administrative organ, the Ministry of Industry and Trade.
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Pending regulation.
What is the amount of the fee or charge?
Pending regulation.
Is there any deposit or advance payment required associated with the issue of licences?
Pending regulation.
Amount or rate?
Pending regulation.
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?
There are no reasons for refusal other than those that derive from failure to comply with the requirements and in all cases the interested party is notified so that the errors observed can be rectified.
Are the reasons for any refusal given to applicants?
In all cases the interested party is notified so that the errors observed can be rectified.
Have applicants a right of appeal in the event of refusal to issue a licence?
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?
What documents are required upon actual importation?
In all cases, in addition to the import licence, the documents needed for import clearance will be required.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licences for "touring class" ("T") protective helmets will be valid for 30 days from the date of issue. The possibility of extension is pending regulation.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are non transferrable and are issued only to the holders themselves or to authorized persons or agents duly accredited as such.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There are no restrictions on access to foreign exchange.
Is a licence required as a condition to obtaining foreign exchange?
There are no restrictions on access to foreign exchange.
Is foreign exchange always available to cover licences issued?
There are no restrictions on access to foreign exchange.
What formalities must be fulfilled for obtaining the foreign exchange?
There are no restrictions on access to foreign exchange.
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
No restrictions are applied as to the quantity or value of imports of "touring class" ("T") protective helmets from other countries.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
Not applicable.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
Licences are allocated to all importers registered with the National Customs Directorate and in the register of manufacturers and importers of "touring class" ("T") protective helmets of the Ministry of Industry and Trade.
Digital certificates are issued and must be presented together with the rest of the documentation required for inward customs clearance.
Not applicable.
They are not made known, although the information is available at the request of the interested parties.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Not applicable.
What are the minimum and maximum lengths of time for processing applications?
Automatic licences are issued within the time limits stipulated in the Agreement.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
The period of validity for import licences is 30 days from the date they are granted.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Consideration is effected by a single administrative organ, the Ministry of Industry and Trade.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
The criterion of chronological order of submission of applications is used for processing all import licences. There are no limits on the quantity of licences per importer.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Not applicable.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Not applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.