G/LIC/Q/BRA/21  
 
17 July 2017  
(17-3857) Page: 1/3 
Committee on Import Licensing  Original: English  
 
REPLIES FROM BRAZIL TO THE EUROPEAN UNIO N  
 
The following communication, dated 17 July 2017 , is being circulated at the request of the 
delegation of Brazil.  
 
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Following Brazil's request, the EU would like to subm it in writing the questions raised during the 
last meeting of the Import Licensing Committee.  
 
1. Reference is done to the notifications submitted by Brazil and circulated as document 
G/LIC/N/1/BRA/7+ G/LIC/N/1/BRA/7/corr.1 (in accordance to Art. 1.4 and 8 .2 of the ILA) and as 
document G/LIC/N/2/BRA/7 (in accordance to Art. 5 of the ILA).  
 
In the EU's understanding, the  notifications  submitted by Brazil do not refer to a specific product  
or to any specific changes in the import licensing procedures of one o r more products. The 
notifications r ather refer to the general import procedures system in place.  Therefore:  
 
- Could Brazil clarify how to read those notifications?  
 
- Could Brazil clarify what are the new import licensing schemes and/or the amendments t o 
existing import licensing procedures that have been notified?   
 
Answer:  
 
The Brazilian notification presents a general overview of import licensing in Brazil and it 
indicates, whenever necessary, the specific legislation of every agency involved. The 
website indicated in the notification  (http://www.mdic.gov.br/index.php/comercio -
exterior/importacao/tratamento -administrativo -de-importacao ) displays the lists of 
products subject to administrative procedures. We are taking into consideration the 
Secretariat remarks and Members questions to analyse different models to present the 
data, so we can make the system even more transparent.  
 
2. Ref erence is done to the annual notification submitted by Brazil in accordance with Art. 7.3 of 
the ILA and circulated as document  G/LIC/N/3/BRA/11.  
 
In the EU's view, this notification does not comply with the requirements set in the questionnaire 
and conta ined in document G/LIC/3 (annex).  
 
According to the current notification's rules, the  annual notification should give a brief presentation 
of each system  as a whole and, with respect to each import procedure system , Members should 
reply to the questions a s relevant.  
 
Brazil has limited itself to refer to its SISCOMEX without presenting a detailed description of the 
import procedures for each product.  Furthermore, it seems that the SISCOMEX online procedures 
are not yet fully operational (see reply to poin t 6.d).  
 G/LIC/Q/BRA/21  
 
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  Therefore, the EU would like to receive the following clarifications:  
 
- Could Brazil provide a complete description of the procedures in place, for each single 
product subject to import licensing requirements ? 
 
Answer:  
 
The general proceedings are included in the “Portaria SECEX nº 23/2011”, which can be 
downloaded at http://portal.siscomex.gov.br/legislacao/biblioteca -de-
arquivos/secex/portaria -no-23-de-14-de-julho -de-2011 . In order to obtain specific 
proceedings by each product, it is also important to consult the legislation of the 
concerning agency. All ordnances related to foreign trade can be downloaded at  
http://portal.siscomex.gov.br/legislacao .  
 
- Could Brazil provide the list of tariff lines clearly indicating whether an automatic or a non -
automatic  import license procedure is applicable?  
 
Answer:  
The compl ete lists of tariff lines requiring automatic or non -automatic licences  can be 
downloaded at http://www.mdic.gov.br/index.php/comercio -
exterior/importacao/tratamento -administrativo -de-importacao  
 
- According to the information available, it seems that an import licence would be necessary  
for the importation of the products corresponding to more than 5,000 tariff lines. In this 
respect:  
 
- Could Brazil clarify whether this information is correct?  
 
Answer:  
 
The information is correct. There are more than five thousand products requiring 
import licensing, as informed in the Brazilian Trade Policy Review . 
 
- Could Brazil clarify the reasons for  such extensive use of import licenses?  
 
Answer:  
 
With the expressive evolution of Brazilian foreign trade in recent decades, the 
governmental entities needed different controls in order to enforce important 
public policies in areas such as human health, food safety, environment, public 
safety and consumers` rights . This broad use of import licensing is partially due to 
the lack of proper systems and tools so each agency concerned could be properly  
informed of the necessary data on each import process. To resolve these 
occurrences, the Brazilian government is revising the procedures and building one 
system to meet the needs of all agencies related to the foreign trade. The Brazilian 
Single Window is being gradually implemented and will integrate new tools a nd all 
systems of the agencies concerned.  
 
- Could Brazil explain how this could be justified taking also into account that in its 
annual notification Brazil declares that, as a rule , the Brazilian import regime does not 
require licensing?  
 
Answer :  
 
Yes, as a rule, the Brazilian import regime does not require licensing , as stated in 
the “Portari a SECEX nº 23/2011”. Nevertheless, there are cases in which 
governmental entities require specific information, so they were grouped in the 
lists mentioned in the website  http://www.mdic.gov.br/index.php/comercio -
exterior/importacao/tratamento -administrativo -de-importacao . 
 G/LIC/Q/BRA/21  
 
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  - Could Brazil  clarify whe n the new SISCOMEX single window will be fully operational as 
regards import licenses?  
 
Answer:  
 
The new import proceeding in the Brazilian Single Window will be fully operational  by 
the end of 2018.  
 
Additionally, a s the products are not clearly defined, the EU would reiterate its concerns on the 
procedures in place for the importation of nitrocellulose  and would like to ask Brazil further 
clarifications.  
 
In particular, the EU notes that Brazil's notification includes the reference to the ministry of 
industry where a table is provided for import procedures  (http://www.mdic.gov.br/comercio -
exterior/importacao/tratamento -administrativo -de-importacao ). According to that table, it 
seems that the importation of nitrocellulose is subject to an automatic import licence.  
 
- Could Brazil c larify whether the import ation of products under NCM 3912.20 (nitratos de 
cellulose/ nitrocellulose) are subject to automa tic import licences, as stated in the 
notification, or to non -automatic import licenses, as declared during the meeting?  
 
Answer:  
 
The correct information was delivered during the meeting (non -automatic import  
licences ). The actual table which reflects the  Brazilian proceeding regarding 
nitrocellulose can be downloaded at “ www.mdic.gov.br/index.php/comercio -
exterior/importacao/tratamento -admi nistrativo -de-importacao ”. 
 
- In case non -automatic import licenses are required, does Brazil envisage amending its 
notification? Could Brazil submit detailed information on the procedures for the importation 
of these products?  
 
Answer:  
 
The Brazilian gov ernment is engaged in amending the notification. We have studies in 
advanced stages to update both this document and the notification  of quantitative 
restrictions (G/MA/QR/N/BRA/1).  
 
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