WORLD TRADE  
ORGANIZATION   
G/LIC/N/3/BRA/9 
16 September 2011 
 (11-4462) 
Committee on Import Licensing Original:   English 
  
 
AGREEMENT ON IMPORT LICENSING PROCEDURES 
 
Notification under Ar ticle 7.3 of the 
Agreement on Import Licensing Procedures 
 
BRAZIL 
 
 The following communication, dated 15 September 2011, is being circulated at the request of the Delegation of Brazil.  
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Outline of system  
 
1. As a rule, the Brazilian importation regime does not require licensing.  However, for some 
products, automatic import licensing and non-automatic import licensing are foreseen by means of the 
Integrated System of Foreign Trade (SISCOMEX).  
All import licenses shall be required through the Integrated System of Foreign Trade 
(SISCOMEX).  Such administrative procedure – which integrates the registration activities and 
monitors imports and exports – is based on a sole fl ow of computerised information so as to make the 
process efficient and fast.  
 
 The importer may require the import licensing directly from his/her institution if it is registered in SISCOMEX.  It is also possible for authorized representatives to require the import 
licensing through the system.  No specific form is necessary and it is sufficient to register the computerised operation. 
 
Purpose and coverage of licensing 
2. The products subject to automatic licensing ar e listed in the Administrative Treatment of 
SISCOMEX and can also be found on the web page  of the Ministry of Development, Industry and 
Foreign Trade (www.mdic.gov.br).  Products under the special customs regime of drawback are also 
subject to automatic licensing.  
 The products subject to non-automatic licensing ar e listed in the Administrative Treatment of 
SISCOMEX and can also be found on the web page of  MDIC.  In their majority, they are products 
which may cause damage to human, plant or animal health; products capable of causing 
environmental damage; products clas sified as weapons or made for warlike purpose; products subject 
to non-tariff quotas as established in the agreements of  the Uruguay Round; products subject to tariff 
quotas; and products subject to trade defence me asures established in accordance with the WTO 
agreements.  3. Licensing is applied to all or igins, without distinction. G/LIC/N/3/BRA/9 
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  4. The purpose of automatic licensing is to allo w, through information collected by the 
SISCOMEX, the statistic follow-up of trade flows of  drawback operations, involving legal suspension 
of taxes or some products of interest to the Foreign Trade policy. 
5. The Brazilian import licensing regime is based on the following legislation:  
 
- Decree No 660 of 25 September 1992, instituting the Integrated System of 
Foreign Trade (SISCOMEX); 
- Ministerial Act MF/MICT No 291 of 12 December 1996, on processing 
import operations within SISCOMEX;  
- Ministerial Act DECEX No 8 of 13 May 1991, on rules for imports of used 
good, as amended by: Ministerial Act MDIC No 235 of 7 December 2006; 
Ministerial Act MDIC No 77 of 19 March 2009; Ministerial Act MDIC No 92 of 30 April 2009; Ministerial Act MDIC No 171 of 1 September 2009; 
Ministerial Act MDIC No 207 of 8 December 2009; Ministerial Act MDIC No 84, of 20 April 2010; and Ministerial Act MDIC No 175, of 
17 August 2010. 
- Ministerial Act SECEX No 23 of 14 July 2011, that, in its Chapter II, 
regulates the procedures for obtaining import licenses. 
Most import licensing is statutorily required.  For most goods mentioned in the relevant 
legislative texts, legal coverage is defined within and is not subj ected to administrative discretion. 
Statutorily required licensing cannot be abolished wit hout legislative approval. Other products are left 
to administrative discretion. The list of products subj ected to licensing is available at the Ministry of 
Development, Industry and Foreign Trade's website:  www.mdic.gov.br. 
Procedures 
6.  Brazil does not maintain import quantitative rest rictions which are inconsistent with WTO 
rules. 
7.  
(a) In cases of non-automatic licensing, we reco mmend to the importer to obtain the license 
before the departure of the products.  As for the automatic license, th e requirement shall be 
made at any time before the be ginning of the customs clearance . 
(b) Periods for processing and issuing licenses are in  accordance with dispositions laid down in 
articles 2 and 3 of the Agreement on Import Licensing Procedures.  Once the requirements 
specified in legislation are fulfille d, periods tend to be shorter.  
(c) There are no limitations regarding the time of the year when requests shall be made, unless 
they are related to quantitative restricti ons under the agreements of the Uruguay Round.  G/LIC/N/3/BRA/9 
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  (d) All import licenses shall be required online, through the Integrated System of Foreign Trade 
(SISCOMEX). Each application is effected onlin e by the competent administrative authority, 
and need not to be passed on to other author ities. For most goods, the application shall be 
effected for a single competent authority, and must not be passed on to other authorities for visa, note or approval. The importer has to approach only SISCOMEX. A list of bodies in 
charge of import licensing in Brazil, as well as their scope and legal framework, is available 
at the Ministry of Development, Industry and Foreign Trade's website: www.mdic.gov.br. 
8. Requests of license may be refused if they do not  fulfil the requirements of the applicable 
legislation, as in the case of imports which may thr eat human or animal health or cause environmental 
risks.  Refusals may be, however, challenged by the importer. 
Eligibility of importers to apply for license 
9. Any person, enterprise or institution may request  import licensing.  The only requirement is 
the registration in the Integrated System of Fore ign Trade (SISCOMEX).  From the first operation on, 
the institution is automatically  registered in SISCOMEX. 
Documents and other requirements  for application for license 
10. There are no especial forms.  Necessary inform ation for requesting licensing is available 
under SISCOMEX.   
As a general rule, presentation of documents is  not required unless in specific situations 
established by the Brazilian legislation (M inisterial Act SECEX No 25/2008).  
11. There is no need for the importer to present th e import license in order to conclude the 
customs procedures.  The importer must presen t only the documents concerning the customs 
procedures. 
12. There are no fees for licensing or administ rative expenses.  The importer may request 
licensing through SISCOMEX directly from his/her in stitution once he/she is registered, or through 
institutions registered for that finality.  In case the importer prefers to use such institutions he/she will 
be subject to the conditions established by who provides the service, but never on an ad valorem  
basis.  
13. Deposits of advanced payments or guarant ees concerning the issuance of licenses are not 
necessary. 
Conditions of licensing 
14. Both automatic and non-automatic licenses valid ity expires within 90 days after their 
issuance. In case it is necessary to extend their va lidity under exceptional circumstances, the importer 
shall present to the competent bodies a request justifyi ng its/their extension before  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  observed for the issuance of licenses other 
than those related to the goals of au tomatic and non-automatic licensing.  G/LIC/N/3/BRA/9 
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  Other procedural requirements 
18. The importer is required to obtain an authori zation from the Federal Revenue of Brazil in 
order to operate within SISCOMEX. 
19. There is no relation between the licensing regi me and foreign currency exchange regime. 
 
 
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