WORLD TRADE  
ORGANIZATION  G/LIC/N/1/BRA/2 
G/LIC/N/2/BRA/2 
G/LIC/N/3/BRA/4 
21January 2005 
 (05-0255) 
Committee on Import Licensing Original: English 
  
 
AGREEMENT ON IMPORT LICENSING PROCEDURES 
 
Notification under Arti cles 1.4(a), 8.2(b), 5 and 7.3 of the
 
Agreement on Import Licensing Procedures  
 
BRAZIL 
 
 The following communication, dated 21 December 2004, is being circulated at the request of 
the Delegation of Brazil.  
_______________ 
 
 
Notification under Article 5
 
 
List of products subject to import licensing.  
 
 As a rule, import licensing is not required.  Th e list of products subject to import licensing is 
available on the webpage of the Ministry of  Development, Industry and Foreign Trade 
(www.desenvolvimento.gov.br) and also on the Inte grated Foreign Trade System (SISCOMEX).  
 
 Nonetheless, whenever import licensing is re quested, application for both automatic import 
licensing and non-automatic import licensing may be done by means of the SISCOMEX.   
Contact point for information on eligibility
 
 
 Contact must be made with the Departme nt of Foreign Trade Operations (DECEX), 
subordinated to the Foreign Trade Secretariat (SECEX ) of the Ministry of Development, Industry and 
Foreign Trade (MDIC), in the following addresses:  - Esplanada dos Ministérios, Bloco J, 8
o andar- Brasília (DF), Brazil 
- Praça Pio X, número 54, Rio de Janeiro (RJ), Brazil. 
 
 Information may also be obtained directly th rough the SISCOMEX, which is operated by the 
Foreign Trade Secretariat.  
Administrative bodies for submission of applications
 
 
 Applications must be submitted to the Departme nt of Foreign Trade Operations.  It is worth 
mentioning that since 1997, when SISCOMEX was im plemented, the importer is able to access and 
register import licenses directly from his/her enterprise, or by means of authorized banks, specialized companies, entities and firms which deal with the cited  system.  G/LIC/N/1/BRA/2 
G/LIC/N/2/BRA/2 G/LIC/N/3/BRA/4 
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 Date and name of publication where import licensing procedures are published 
 
 - Ministerial Act  SECEX No 17 of 1 Decemb er 2003, published in the Official Gazette; 
2 December 2003; 
- Ministerial Act SECEX No 04 of 16 February  2004, published in the Official Gazette; 
17 February 2004; 
- Ministerial Act SECEX No 05 of 29 April 2004, published in the Official Gazette; 3 May 2004; 
- Ministerial Act SECEX No 08 of 21 July 2004, published in the Official Gazette; 23 July 2004; 
- Ministerial Act SECEX No 09 of 27 July 2004, published in the Official Gazette; 29 July 2004; 
- Ministerial Act SECEX No 13 of 9 Septembe r 2004, published in the Official Gazette; 
13 September 2004. 
  Note: Automatic consolidation of all Mini sterial Acts related to imports - entitled 
"Consolidation of Ministerial Acts SECEX (impor tation)" - is available on the above-mentioned web 
page.   
Indication on whether the procedure is automatic or non-automatic
 
  Indication is available in the Ministerial Act SECEX No 17/2003 and on the web page of the 
Ministry of Development, Industry and Foreign Trade.  Currently, there are two modalities of 
licensing.  
Administrative purpose of automatic licensing procedures
 
 
 The information obtained by SISCOMEX is u sed for statistic monitoring, follow-up of the 
trade flows related to drawback operations, which in volve legal suspension of taxes or some products 
of interest to the Foreign Trade policy.  
Indication of the measure being implemente d through the non-automatic licensing procedure.
 
 
 According to the current legislation, whic h are mentioned in the most recent Brazilian 
notifications under articles 1.4(a) and 8.2(b), the following are examples of products whose 
importation is subject to the control of governmental bodies:  
- products which may pose risks to human, animal or plant health; 
- products which may cause environmental damage; 
- products classified as weapons or made for warlike objectives; 
- products subject to non-tariff quotas as establishe d in Agreements of the Uruguay Round and 
products subject to tariff quotas. 
 
Expected duration of the licensing procedure
 
 
 There is no expected duration for the elimina tion of the adopted measures, considering the 
importance of the goals indicated in the indent "g ", above.  As for products subject to non- tariff 
quotas, the duration of the licensing procedure is  restricted to the period established in the 
international agreement, such as the case of the Agreement on Textiles and Clothing. 
  G/LIC/N/1/BRA/2 
 G/LIC/N/2/BRA/2 
 G/LIC/N/3/BRA/4 
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 Notification under Articles 1.4(a) and 8.2(b)
 
 
 
 We make available copies of the follo wing legislation concerning import licensing 
procedures, as well as their summary:   
- Decree No 660 of 25 September 1992; 
- Ministerial Act MF/MICT No 291 of  12 December 1996; 
- Ministerial Act DECEX No 8 of  13 May 1991 (articles 22-27); 
- Ministerial Act MICT No 370 of  28 November 1994; 
- Ministerial Act SECEX No 17 of 1 December
 2003, published in the Official Gazette; 
2 December 2003; 
- Ministerial Act SECEX No 04 of 16 February  2004, published in the Official Gazette; 
17 February 2004; 
- Ministerial Act SECEX No 05 of 29 April 2004, published in the Official Gazette; 3 May 2004; 
- Ministerial Act SECEX No 08 of 21 July 2004, published in the Official Gazette; 23 July 2004; 
- Ministerial Act SECEX No 09 of 27 July 2004, published in the Official Gazette; 29 July 2004; 
- Ministerial Act SECEX No 13 of 9 Septembe r 2004, published at the Official Gazette; 
13 September 2004.  
 
Summary of the mentioned legislation:  
 
- Decree No 660 of 25 September 1992: establishes the Integrated System for Exterior Trade 
(SISCOMEX). 
- Ministerial Act MF/MICT No 291 of  12 December  1996: lists the information that shall be 
provided by the importer who uses the SISCOMEX, including cases subject to requirements for licensing. 
- Ministerial Act DECEX No 8 of  13 May 199 1 (Articles 22-27): publicizes the procedures for 
used goods.  
- Ministerial Act MICT No 370 of 28 November 1994: amends Articles 22-27of the Ministerial 
Act DECEX No 8 of 13 May 1991, simplifying the administrative procedures for the importation 
of used goods. 
- Ministerial Act SECEX No 17 of 1 December
 2003: consolidates Ministerial Acts SECEX related 
to importation. Establishes the new licensing regime. 
- Ministerial Act SECEX No 05 of 29 April 2004:  amends indent IV of the Annex “B” of 
Ministerial Act SECEX No 17 of 1 December 2003. 
- Ministerial Act SECEX No 08 of 21 July 2004: amends Annex “A” of Ministerial SECEX No 17 
of 1 December 2003.  
- Ministerial Act SECEX No 09 of 27 July 2004: am ends the list of participating countries in the 
System of Certification of the Kimberley Process. 
- Ministerial Act SECEX No 13 of 9 Septembe r 2004: establishes specific criteria for the 
importation of dried coconuts  subject to safeguard measures. 
   G/LIC/N/1/BRA/2 
G/LIC/N/2/BRA/2 G/LIC/N/3/BRA/4 
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 Notification under Article 7.3
 
 
 Reply to the questionnaire regarding Import Licensing Procedures:  
Outline of system: 
 
 1. As a rule, the Brazilian importation regime do es 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 importation licences shall be required throu gh 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 flow  of computerized 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 formular y is necessary, being sufficient to register the 
computerized operation. 
 
Purpose and coverage of licensing
 
2. Products related to the Administrative Treat ment of SISCOMEX and products under the 
special customs regime of drawback are subject to automatic licensing.  
 
 Products related to the Administrative Treatme nt of SISCOMEX are subject to non-automatic 
licensing. In their majority, they are products whic h 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 non-tariff qu otas as established in the integrating agreements 
of the Uruguay Round and products subject to tariff quotas.  
3. Licensing is applied to all origins, without distinction. 
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.  
 Non-automatic licensing aims to effectively fulfil the imposed administrative requirement, 
generally made by means of an international agre ement, such as the case of the Basel Convention and 
the Montreal Protocol, in accordance with the principles of GATT Article XX  
5. The Brazilian importation licence regime is ba sed on the following legislation: Decree No 
660 of 25 September 1992; Ministerial Act MF/MICT No 291 of  12 December 1996; Ministerial Act 
DECEX No 8 of  13 May 1991 (articles 22-27); Mini sterial Act MICT No 370 of 28 November 1994; 
Ministerial Act SECEX No 17 of 1 December
 2003, published in the Official Gazette of 
2 December 2003; Ministerial Act SECEX No 04 of  16 February 2004, published in the Official 
Gazette of  17 February 2004; Ministerial Act SECEX No 05 of 29 April 2004, published in the 
Official Gazette of 3 May 2004; Ministerial Act SECEX No 08 of 21 July 2004, published in the Official Gazette of 23 July 2004; Ministerial Ac t SECEX No 09 of 27 July 2004, published in the  G/LIC/N/1/BRA/2 
 G/LIC/N/2/BRA/2 
 G/LIC/N/3/BRA/4 
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 Official Gazette of 29 July 2004; Ministerial Ac t SECEX No 13 of 9 September 2004, published in 
the Official Gazette of  13 September 2004.   
The competent administrative authority responsible for licensing is the Department of Foreign Trade 
Operations (DECEX), which integrates  the Fore ign Trade Secretariat (SECEX) subordinated to the 
Ministry of Development, Industry and Foreign Trade (MDIC) of the Brazilian government.  Procedures
 
6.I-XI Quantitative restrictions applied by Brazil-  as well as information regarding licensing, 
quantitative limits, application term and administra tive procedures – are published in the Official 
Gazette and are in accordance with the principles of  multilateral agreements related to the trade of 
goods in WTO. On the webpage of MDIC (www.d esenvolvimento.gov.br) all Ministerial Acts are 
made available under the topic "Consolidati on of Ministerial Acts SECEX (imports)". 
 
7.(a) In cases of non-automatic licensing, we re commend to the importer to obtain the licence 
before the departure of the products. Concerni ng the automatic licence, the requirement shall 
be made at any time before the beginning of the customs clearance . 
 
(b) Periods for processing and issuing licences 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 restrictions under the agreements of the Uruguay Round, as is 
the case of the Agreement on Textiles and Cl othing and the Agreement on Safeguards. 
 (d) As already mentioned in answer number 5, above, DECEX/SECEX is the competent 
administrative authority responsible for import licensing.  Ever since the implementation of 
SISCOMEX, the importer, as a rule, does not need to present the information requested 
directly to the body.  All necessary informati on shall be introduced through the SISCOMEX, 
which access and analyze the information sent.  In cases which is required to present specific 
documentation – as established by the current le gislation – the cited documentation is sent to 
DECEX or to bodies responsible for the measure,  depending on the case.  The list of products 
subject to analysis by other governmental bodies is available on the web page of MDIC. 
 
8. Requests of licence may be refused if they do not fulfil the requirements made in the 
legislation, as in the case of imports which may thr eat human or animal health or cause environmental 
risks.  Refusals may be contested by the importer.  Eligibility of importers to apply for licence
 
9. Any person, enterprise or institution may requ est 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. 
 Documentational and other require ments for application for licence
 
10. Necessary information for requesting licensing is  available in the SISCOMEX.  They are also 
available in Annex II of Ministerial Act No 291 of 12 December 1996, of the Ministry of Finance and 
the Ministry of Development, Industry and Foreign Trade.  G/LIC/N/1/BRA/2 
G/LIC/N/2/BRA/2 G/LIC/N/3/BRA/4 
Page 6 
  
  As a general rule, presentation of  documents is not required, unless in specific situations, such 
as in the case of imports subject to restrictions  (i.e. Agreement on Textiles and Clothing - ATV), 
when the export licence issued by th e exporting member shall be presented. 
 
11. There is no need for the importer to present the import licence in order to conclude the 
customs procedures.   12. There are no fees for licensing or administ rative expenses.  The importer may request the 
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, who can never charge on an ad 
valorem  basis.  
 
13. Deposits of advanced payments concerni ng the issuance of licences are not required. 
 14. Licences validity expires within 60 days af ter their issuance. In case it is necessary to 
postpone them or a different period is required, the importer shall present to the competent bodies a request justifying the postponement  before its expiration date.  
 
15. In case of non-utilization of the licences – or partial utilization – there are no penalties. 
 16. The ownership of the issued licences shall not be transferred.  17. In both cases, there are no othe r conditions to be observed for the issuance of licences other 
than those related to the goals of au tomatic and non-automatic licensing.  
 18. In cases subject to non-automatic licensing,  information provided by the importer to 
SISCOMEX will be also analyzed by the other competent bodies which may be involved. This information may be accessed on the web page  of MDIC (www.desenvolvimento.gov.br). 
 
19. There is no relation between the licensing regi me and exchange regime of foreign currency. 
 
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