WORLD TRADE
ORGANIZATIONG/LIC/N/3/BRA/1
11 May 1998
(98-1863)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1
Notification under Article 7.3 of the
Agreement on Import Licensing Procedures
BRAZIL
The following notification, dated 24 April 1998, 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 a
computerized 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 published by the Department of Foreign Trade Operations of the Foreign Trade
Secretariat of the Ministry of Industry, Trade and Tourism (MICT).  In general terms, these imports
include products which may cause harm to health, products which may cause environmental damageand products classified as being weapons or for purposes of war.
3. The licensing system applies, without distinctions, to all origins.
                                                     
1See document G/LIC/3, Annex, for the Questionnaire.G/LIC/N/3/BRA/1
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4. The purpose of the licensing system is to permit statistical studies and analysis, and is also
used as a tool for monitoring trade flows, for estimating deficits and superavits.  The licensing is also
an important management instrument to obtain information for the implementation of trade policies.
5. The laws that govern licensing procedures are Decree No. 660, dated 25 September 1992,
Interministerial Order No. 291 of the Ministry of Finance and the Ministry of Industry, Trade and
Tourism, dated 12 December 1996, Order No. 21 of the Foreign Trade Secretariat of MICT, dated12 December 1996, 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 and to quantitative limits, term of application and administrative procedures, are published in
the Brazilian Official Gazette ("Diario Oficial").
7. (a) In the case of automatic licensing, the information is given in the SISCOMEX, at the
beginning of the customs procedure, along with the data necessary for customs
clearance of the merchandise.  In the case of non-automatic licensing, the request has
to 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 organ responsible for import licensing.  With the coming into effect ofthe import module of SISCOMEX, the importer does not need to present its request at
the DECEX offices.  It suffices to insert the data into the system, which is accessed
and commented on by DECEX.  In the case of operations involving special
procedures (narcotics, radioactive material, weapons, etc.), other government bodies
examine the requests through SISCOMEX.  Products subject to prior examination,and the government agencies responsible for granting approval, are listed in the
public communiqués that are periodically published by DECEX.
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, in imports of products which may cause harm to health
or cause environmental damage, or in situations in which the importer, or its industrial establishment,
are not duly authorized to import.
The applicants will be informed of the reasons for any refusal.  Applicants have the right to
appeal, and 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/1
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Documentational and other requirements for application for licence
10. The information to be inserted into 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 has already been explained in the answer to question 1, there
is no sample form.
As a general rule, it is not necessary to present any documents, except in the case of specific
situations, such as textile imports restricted by the transitional safeguard, 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 documents related to customs clearance, which are
listed in Article 13 of 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, through banks, through bill-broker societies or
firms/individuals which deal with customs clearance.  If the importer chooses to have recourse to
independent/private service providers outside his establishment, he may be subject to charges, but
these are not related to the licensing services which are the responsibility of the government.
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
through the SISCOMEX.
15. There is no penalty for non-utilization of a licence or a portion of a licence.
16. Licences are not transferable between importers.17. In both cases there are no other conditions attached to the issue 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 theSISCOMEX will be analyzed by these agencies.
19. There is no relation between import licensing and the foreign exchange system.
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