G/LIC/N/ 3/BRA/11  
 
31 August 2016 
(16-4603) Page: 1/3 
Committee on Import Licensing  Original: English  
 
AGREEMENT ON IMPORT LICENSING PROCEDURES  
NOTIFICATION UNDER A RTICLE 7.3 OF THE  
AGREEMENT ON IMPORT LICENSING PROCEDURES  
BRAZIL 
The following communication, dated 23 August  2016, is being circulated at the request of the 
Delegation of Brazil.  
 
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Outline of system  
1.  As a rule, the Brazilian import regime does not require licensing. For some products, automatic 
import licensing and non -automatic import licensing are managed through the Foreign Trade 
Integrated System (SISCOMEX). All import li censes must be required through Portal Siscomex. 
The administrative procedures are electronic -based, so as to make the process more efficient and 
faster.  
 
Purpose and coverage of licensing  
2.  The products subject to automatic licensing are listed in SISCO MEX and can also be found on 
the web page of the Ministry of Industry, Foreign Trade and Services – MDIC 
(http://www.mdic.gov.br/comercio -exterior/im portacao/tratamento -administrativo -de-
importacao ). Products under the special customs regime of duty drawback are also subject to 
automatic licensing. Products subject to non -automatic licensing are listed in the Administrative 
Treatment of SISCOMEX ( http://portal.siscomex.gov.br/informativos/bens -sujeitos -a-tratamento -
administrativo ) and can also be found on the web page of MDIC. In their majority, they ar e 
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 measur es established in accordance 
with the WTO agreements.  
 
3.  Licensing is applied to all origins, without distinction.  
 
4.  The purpose of automatic licensing is mainly to collect statistics.  
 
5.  The Brazilian import licensing regime is based on the followi ng 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;  G/LIC/N/3/BRA/11  
 
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  -  Portaria SECEX nº 23, of 14 July 2011, consolidating regulations on foreign trade operations;  
 
All rules, as well as their updates and amendments, are available online at the SISCOMEX website 
(http://www.portalsiscomex.gov.br/legislacao ). 
 
Most import licensing is statutorily required. For most goods mentioned in the relevant legislative 
texts, legal coverage is defined within and is not subject to administrative discretion. Statutorily 
required licensing cannot be abolished without legislative approval. The inclusion or exclusion of 
specific products may be left to administrative discretion, according to the related legal text. 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/comerci o-exterior/importacao/tratamento -
administrativo -de-importacao . 
  
 
Procedures  
6.  Brazil does not maintain import quantitative restrictions.  
 
7.  
(a)  In cases of non -automatic licensing, importers are advised to obtain the license before the 
departure of the products. As for the automatic license, the requirement shall be made at 
any time before the beginning of the customs clearance.  
 
(b)  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.  
 
(c)  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 le gal framework, is available at the Ministry Industry, Foreign Trade and Services' 
website: http://www.mdic.gov.br/comercio -exterior/importacao/tratam ento-administrativo -
de-importacao . 
 
(d)  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. 
For most goods, the applic ation shall be effected towards a single compet ent 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.  
 
8.  Requests of license may be refused if they do not fu lfil the requirements of the applicable 
legislation, as in the case of imports which may threaten human or animal health or cause 
environmental risks. Refusals may be, however, challenged by the applicant.  
 
Eligibility of importers to apply for license  
9.  Any person, enterprise or institution may request import licensing. The only requirement is the 
registration in SISCOMEX.  
 
Documents and other requirements for application for license  
10.  Information on documents and other requirements for application fo r license is available on 
the SISCOMEX website. As a rule, presentation of documents is not required unless in specific 
situations established by the Brazilian legislation (Portaria SECEX nº 23, of 2011).  
 
11.  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.  
 
12.  There are no fees for licensing or administrative expenses. The importer may request 
licensing through SIS COMEX directly from its institution, once registered, or through institutions 
registered for that end.  
 G/LIC/N/3/BRA/11  
 
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  13.  Deposits of advance payments or guarantees concerning the issuance of licenses are not 
necessary.  
 
Conditions of licensing  
14.  Validity for both a utomatic and 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 b efore its 
expiration date.  
 
15.  In case of non -utilisation of the licenses, or partial utilisation, there are no penalties.  
 
16.  The ownership of the issued licenses shall not be transferred.  
 
17.  In both cases, there are no other conditions to be obser ved for the issuance of licenses other 
than those related to the goals of automatic and non -automatic licensing.  
 
Other procedural requirements  
18.  The importer is required to obtain an authorization from the Federal Revenue of Brazil 
(Receita Federal do Brasil) in order to operate within SISCOMEX.  
 
19.  There is no relation between the licensing regime and foreign currency exchange regime.  
 
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