WORLD TRADE
ORGANIZATIONG/LIC/N/3/BRA/3
25 September 2003
(03-5082)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
Notification under Article 7.3 of the
Agreement on Import Licensing Procedures
BRAZIL
The following notification, dated 23 September 2003, has been received from the Permanent
Mission of Brazil.
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Outline of system
1. Brazilian imports are subject to licensing through the Integrated Foreign Trade System
(SISCOMEX).  This is the administrative system that integrates the activities of registration and
monitoring of the import and export operations, based on a single information data flow on acomputerized basis.
The importer may request the import licensing directly from his/her establishment or through
other means of access, such as the banking system, bill-broker societies and firms/individuals which
deal with customs clearance.  No specific forms n eed to be presented.  The computerized registry of
the operation is sufficient.
Purpose and coverage of licensing
2. Licensing can be automatic or non-automatic.  As a rule, licensing is automatic, and should be
formulated when customs procedures are initiated.  Non-automatic licensing must be obtained before
or after shipment of goods from abroad, but always before customs clearance.
The goods and operations subject to non-automatic licensing are listed in public
communiqués issued by the Department of Foreign Trade Operations (DECEX) of the Foreign Trade
Secretariat (SECEX) of the Ministry of Devel opment, Industry and Foreign Trade (MDIC).  In
general terms, these imports include, among others, products which may harm health, products which
may cause environmental damage and products classified as being weapons or for purposes of war.
3. The licensing system applies, without distinctions, to all origins.
4. The purpose of the licensing system is to permit statistical studies and analysis, which are also
used as a tool for monitoring trade flows and for estimating deficits and surpluses.  Moreover,licensing is an important management instrument to obtain information for the implementation of
trade policies.G/LIC/N/3/BRA/3
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5. The laws that govern licensing procedures are the Decree No. 660, dated 25 September 1992,
the Interministerial Order No. 291 of the Ministry of Finance and the Ministry of Industry, Trade and
Tourism, dated 12 December 1996, the Order Nos. 21, 3 and 12 of the Foreign Trade Secretariat of
MDIC, dated 12 December 1996, 14 May 1998 and 15 December 1999, respectively, and public
communiqués issued by DECEX.
The administrative authority responsible for licensing is DECEX/SECEX, which has the
competence to determine the import regime for all products and operations.
Procedures
6.I-XI Quantitative restrictions to be applied by Brazil, as well as all pertinent information related to
licences, quantitative limits, term of application a nd administrative procedures, are published in the
Brazilian Official Gazette ("Diario Oficial") ad are in accordance with the precepts of the various
multilateral treaties related to trade in goods of the WTO.
7. (a) In the case of automatic licensing, the information is provided in the SISCOMEX, at
the beginning of the customs procedures, along with the data necessary for customs
clearance of the merchandise.  In the case of non-automatic licensing, the request
must be made before or after shipment of goods abroad, but always before the
beginning of customs clearance.
(b) In the case of automatic licensing, the licence is granted immediately.
(c) There are no limitations as to the period of the year during which application for
licence and/or importation may be made.
(d) As already mentioned in the answer to question 5, the DECEX/SECEX is the
administrative authority responsible for import licensing.  With the coming into effectof the import module of SISCOMEX, the importer does not need to present his/her
request at the DECEX offices.  All he/she has to do is insert the data into the system,
which is assessed and commented on by DECEX.  In the case of operations involving
special procedures (narcotics, radioactive material, weapons, etc.), other government
bodies have to examine the requests, which is also done through the SISCOMEX.
Products subject to prior examination and the government agencies responsible for
granting approval are listed in the public communiqués which are periodically issued
by DECEX, and in the SISCOMEX Data Base.
8. Applications for licences may be refused if they do not meet the requirements contained in the
legislation.  That can be the case, for example, of imports which may cause harm to human health,
cause environmental damage or in situations in which the importer, or his/her industrial establishment,
is not duly authorized to import.
The applicants will be informed of the reasons for any refusal.  Applicants have the right to
appeal before the licensing authority.  In this case, their request for reconsideration should contain the
justification for the request and any documents they deem necessary.
Eligibility of importers to apply for licence
9. All persons, firms and institutions are eligible to apply for licences.G/LIC/N/3/BRA/3
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Documentational and other requirements for application for licence
10. The information provided to SISCOMEX by the importer is listed in Annex II to
Interministerial Order No. 291 of the Ministry of Finance and the Ministry of Industry, Trade and
Tourism, dated 12 December 1996.  As explained in the answer to question 1, there is no sample
form.
As a general rule, it is not necessary to present any documentation, except in certain specific
situations, as imports subject to restrictions (t extiles, according to the Agreement on Textiles and
Clothing), when the export licence issued by the exporting Member has to be presented.
11. The importer does not need to present the import licence for customs procedures.  At the time
of customs clearance, the importer must present the documents concerning such a process, which are
listed in Article 13 of the Normative Instruction No. 69 of the Federal Revenue Secretariat, dated
10 December 1996 (i.e. commercial invoices).
12. There are no licensing fees or administrative charges.  The importer may request licensing in
the SISCOMEX directly from his firm or through banks, bill-broker societies or firms/individuals
which deal with customs clearance.  If the importer decides to request the licence outside his/her firm,
he/she will be subject to the conditions determined by the chosen service provider, which may include
charges not related to the licensing services.
13. There are no deposit or advance payment requirements associated with the issue of licences.
Conditions of licensing
14. The period of validity of a licence is 60 days.  The validity can be extended by request of the
importer through the SISCOMEX.
15. There is no penalty for non-utilization or partial utilization of a licence.16. Licences are not transferable between importers.
17. In both cases there are no other conditions related to the issuing of a licence.
Other procedural requirements
18. In the case of imports subject to the authorization of other government agencies (the Ministry
of the Army, the National Commission for Nuclear En ergy, the Brazilian Institute of the Environment
and Natural Renewable Resources, among others), the information provided by the importer in the
SISCOMEX will also be analyzed by these agencies.
19. There is no relation between import licensing and the foreign exchange system.
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