WORLD TRADE  
ORGANIZATION  G/LIC/Q/BRA/15 
27 April 2010 
 (10-2231) 
Committee on Import Licensing Original:   English 
  
 
BRAZIL'S NON-AUTOMATIC IMPORT LICENSING PROCEDURES 
 
Replies by BRAZIL to CHINA
 
  
 The following communication, dated 26 April 2010, is being circulated at the request of the 
delegation of Brazil.  
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Replies to questions posed by Chin a in document G/LIC/Q/BRA/5/Add.1
 
  
 
1. Please explain in detail the criteria used to determine which goods require non-
automatic import licenses. 
 
ANSWER: As a rule, the Brazilian importation regi me does not require licensing.  However, for 
some products, automatic import licensing and non-au tomatic import licensing are foreseen by means 
of the Integrated System of Foreign Trade (S ISCOMEX). The products subject to non-automatic 
licensing are listed in the Administrative Treatment of SISCOMEX. In principle, 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 defense measures established in accordance with the WTO 
agreements.  
Each Governmental body in charge of licensing in  Brazil adopts specific criteria – also based on 
specific legislation - to dete rmine which goods require licensi ng. Depending on the product, the 
following Governmental bodies may be in charge of the licensing:  ANCINE- National Cinema Agency; 
ANEEL – National Electric Energy Agency; 
ANP – National Petroleum Agency; ANVISA – National Health Surveillance Agency;  CNEN – Brazilian Nuclear Energy Commission; DECEX – Department of Foreign Trade Operations; 
DFPC – Brazilian Army; 
DNPM – National Department of Mineral Production; DPF – Department of Federal Police; EBCT – Brazilian Mail and Telegraph Company; IBAMA – Brazilian Institute of Environm ent and Natural Renewable Resources; 
INMETRO-National Institute of Metrology,  Standardization a nd Industrial Quality 
MAPA – Ministry of Agriculture, Livestock and Supply; 
MCT – Ministry of Science and Technology. G/LIC/Q/BRA/15 
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2. For each criteria used by Brazil to determine the goods that require non-automatic 
import licenses, please list the provision(s) of the WTO Agreements with which Brazil considers the criteria to be compatible with an explanation of such compatibility. 
 ANSWER: Brazil´s non-automatic licensing system complies with the provisions of Articles 1 
and 3 of the Agreement on Import Licensing Procedures.  
3. In document G/LIC/Q/BRA/11, Brazil states that "toys are subject to non-automatic 
import licensing procedures because there are t echnical regulations that they must comply 
with." Article 3.2 of the Agreement on Impo rt Licensing Procedures provides that 'Non-
automatic licensing shall correspond in scope an d duration to the measure they are used to 
implement, and shall be no more administrati vely burdensome than absolutely necessary to 
administer the measure.'  
- Please provide information on the specific me asure that the non-automatic licensing scheme 
with respect to toys is used to implement. 
 
ANSWER: The objective of the non-automatic licensi ng of toys is to ensure demonstration that 
they comply with safety requirements for the protecti on of their users (children). The product safety is 
attested by certificates of conformity issued by reliable organizations (accredited bodies), which 
indicate that the required testing has been  performed by an accredited laboratory. 
 
- Please explain how the non-auto matic licensing regime for toys is 'no more administratively 
burdensome than absolutely necessa ry' to administer this measure. 
 ANSWER: The certification requirement attesting th e product (toys) safety lies at the core of the 
licensing regime, and the certification shall be c onfirmed before the product enters the national 
territory. In that regard, the non-automatic licensing is an efficient scheme to  check the existence of 
the certificate of conformity and that the products are safe.  
- Please list the information that must be provide d in an application for a non-automatic import 
license. Please also list any additional or di fferent information required with respect to toys. 
 
ANSWER: The information to be provided in an  application for a non-automatic import license is 
established in the Ministerial Act MF/MICT No 291 of  12 December 1996, which has been notified to 
the Committee. The item VI of Annex B of the Ministerial Act SECEX No 25 of 27 November 2008 
– also notified to the Committee – presents specific provisions for toys: i)indication, in the field 
´complementary information´ of the licensing form, of the number of the certification contract, signed 
by the importer and the certification body accredited by INMETRO; ii)submission of the Certificate of Conformity regarding the shipment of toys  being imported, confirming the certification and 
realization of the tests in accordance with INMETRO legislation.  - Please explain in detail the procedures followed by Brazil in considering applications for non-
automatic import licenses. Please also explain any additional or different procedures with 
respect to toys. 
 
ANSWER: The Ministerial Act SECEX No 25 of  27 November 2008 contains general rules 
applied to non-automatic import licensing procedures and specific provisions for toys (in the 
paragraph 4 of its Article 11, and in the item VI of its Annex B). The item VI of Annex B of the 
Ministerial Act SECEX No 25 reads: “The approval of import license applications for shipment of 
toys depends on compliance with the following requir ements, in addition with those related in the 
Title 1 of this Ministerial Act: a)to indicate, in the field ´complementary information´ of the licensing  G/LIC/Q/BRA/15 
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  form, the number of the certification contract, signed by the importer and the certification body 
accredited by INMETRO; and b)to submit the Certifi cate of Conformity regarding the shipment of 
toys being imported, confirming the certification and realization of the tests in accordance with INMETRO legislation; b.1)the Certificate of C onformity is valid to one only import license 
application”. This Certificate of Conformity sha ll be issued by an accredite d body in accordance with 
the conformity assessment procedure established in the Technical Regulation for Toys Safety 
(Ministerial Act Inmetro No 321 of 29 October 2009,  notified to the Committee on Technical Barriers 
to Trade (G/TBT/N/BRA/339Add.1)).  
- If there are any additional / different information requirements or procedures for toys, please 
explain how this is consistent with Brazil's ob ligations under Article 1.3 of the Agreement that 
import licensing procedures must be 'neutral in  application' and 'administered in a fair and 
equitable manner'." 
 
ANSWER: The requirement of compulsory certifi cation of toys, which aims at ensuring the 
product safety for their users, equally applies to  both Brazilian producers and foreign producers 
wishing to export to Brazil. In that regard, the licensing requirement - attesting that the product has 
been certified in accordance with the conformity asse ssment procedure that meets those safety needs - 
is consistent with Brazil´s obliga tions and is neutral in application with regard to foreign producers 
wishing to export to Brazil.”  
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