. /.   WORLD TRADE  
ORGANIZATION  G/LIC/Q/BRA/14 
14 January 2010 
 (10-0140) 
Committee on Import Licensing Original:   Spanish 
  
 
BRAZIL'S NON-AUTOMATIC IMPORT LICENSING PROCEDURES 
 
Replies by BRAZIL to Mexico
 
  
 The following communication, dated 8 January 2010, is being circulated at the request of the 
delegation of Brazil.  
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Questions from Mexico to Brazil Regarding Brazil's
 
Import Licensing Requirements for Motor Vehicles  
 
1. Could Brazil explain the procedures follo wed when considering applications for 
non-automatic import lic ences for motor vehicles? 
 
REPLY:  The general import licensing procedures followed  by Brazil are set forth in Chapter I of 
Ministerial Act No. 25/2008 of the Foreign Trade Se cretariat (SECEX), which can be consulted on the 
Ministry of Development, Industry and International Commerce website 
(www.desenvolvimento.gov.br). 
 
 The Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) is 
responsible for motor vehicle imports.  Under Federal Law No. 8723/93, imported motor vehicles 
must comply with the same air pollution contro l requirements as domestically produced motor 
vehicles, in accordance with the procedures se t out in National Council for the Environment 
(CONAMA) Resolutions Nos. 18/86 and 315/2002 (which can be consulted on the Ministry of the 
Environment website at www.mma.gov.br), IBAMA Ministerial Act No. 167/1997 and 
IBAMA Normative Instruction No. 17/2002.   In order to be imported into Brazil for marke ting, motor vehicles must comply with the motor 
vehicle air pollution control programme  (PROCONVE) requirements and obtain in advance either a 
licence for the use of a vehicle or engine configuration (LVCM) or a licence for the use of a moped, 
motorcycle or other similar configuration (LCM).  
2. According to Brazil's notifications to the Committee on Import Licensing, 
non-automatic import licences are required for "products which may cause damage to human, 
plant or animal health;  products capable of ca using environmental damage;  products classified 
as weapons or made for warlike purpose;  produc ts subject to non-tariff quotas;  and products 
subject to tariff quotas".  Into which of the above categories do new motor vehicles fall and 
what is the reason for placing them in this category? 
 
REPLY:  The non-automatic import licensing procedure is related to the government's motor vehicle 
air pollution control programme.  In this respect, the key element would be the pollution potential 
associated with motor vehicles and the potential effects on human health and the environment. G/LIC/Q/BRA/14 
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3. Our exporters have told us that, when s ubmitting to the authorities the non-automatic 
import licence for new automobil es already authorized, if the slightest amendment has to be 
made in respect of the number of vehicles in the corresponding shipment, the authorities require a new application to be made without taki ng into account the fact that the vehicles are 
already at the port.  Can Brazil indicate what spec ific criteria are used to reject amendments to 
the import licence when these are solely for the purpose of making insignificant changes to it, 
for example, some variation in quantity as provi ded in Article 1 of the Agreement, and request 
the exporter to commence a new procedure in or der to obtain another import licence, even 
though it is for the same product. 
 
REPLY:  Where discrepancies are detected between th e terms of a licence and the status of the goods 
upon customs clearance in Brazil, the authorities re quest that the licence granted be rectified.  
Article 21 of SECEX Ministerial Act No. 25/2008 st ates that "the enterprise may request that a 
licence be modified, prior to the release of the goods  and irrespective of the established arrangements, 
by means of the replacement, in the SISCOMEX syst em, of the licence previously granted".  In such 
cases, the replacement licence will be subject to fu rther review by the competent body, although the  
validity of the original licence will not be affect ed.  Replacement licences for transactions which do 
not correspond to those of the original licences will not  be accepted.  This procedure is generally more 
flexible than that for obt aining the original licence. 
 
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