Printed and developed cinematic films
- Document symbol
- G/LIC/N/3/BRA/12
- Original language
- English
- Published on
- 21/09/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The National Film Agency has competence related to the consent of Import Licenses of cinematographic films for entry into Brazil through Customs.
The request for consent is made by means of an Import License (LI) or Simplified Import License (LSI), which are documents that combine information regarding the goods and the operation. To obtain consent, the importer, or his legal representative, formulates an LSI or LI in the SISCOMEX and transmits it to the Central Base in the SERPRO network, where these licenses receive specific numbering and are available to ANCINE, examining and issuing the opinion on import.
Due to the digitalization of the Brazilian exhibition park (movie theatres), import license applications for cinematographic films have had an exacerbated decline in the last years, reaching only one request in 2021. The trend is that the import of this type of good no longer occurs.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The release of these licenses by ANCINE takes place in the SISCOMEX acting in two codes of the Common Nomenclature of Mercosur (NCM), namely: NCMs 37061000 and 37069000- Printed and developed cinematic films that contain sound recording or contain sound recording only.
Q3. The system applies to goods originating in and coming from which countries?
ANCINE's consent applies to cinematic films from any country in the world.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
There is no restriction on quantity or on the value of the imported goods. The sole purpose of ANCINE's consent to the import of films is to comply with a legal determination or administrative decision.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Provisional Measure No. 2228/-1 of 6 September 2009.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
There is no minimum time limit for the application of licenses for the import of cinematic films, i.e. the importer may obtain an Import License at any time, even if the goods have already arrived at Customs.
Q7.b. Can a licence be granted immediately on request?
Yes, provided LI is formulated via the SISCOMEX.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There is no limitation on the period of the year for the importation of cinematic films.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Import Licenses for cinematic films are analysed and released only by ANCINE.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
To date no license application has been refused or made by ANCINE in order to comply with additional requirements.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Anyone is eligible. Regarding ANCINE's competencies, there is no requirement to pay registration fees. The payment of the corresponding taxes and fees is due to the Federal Revenue and not to ANCINE and is calculated based on the physical support and not on the content of the imported material. There is also no list of authorized importers.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
By ANCINE, there is no specific or complementary form to be filled out, the applicant only needs to fill in the import license in the information contained in the SISCOMEX. The required information is those in the system mentioned previously.
Q11. What documents are required upon actual importation?
As far as ANCINE's competencies are concerned, there is no list of documents required for actual import.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
In relation to ANCINE, no fee or charge is due. The payment of the corresponding taxes and fees is due to the Federal Revenue and not to ANCINE and is calculated based on the physical support and not on the content of the imported material.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
ANCINE does not require a deposit or payment of advance fees and charges for the import of cinematic films.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The expiration date of a cinematic film import license is up to 90 days, with no provision for extension. There is the possibility of restriction of boarding, however, until now, all requests submitted to ANCINE have been granted "no restriction of boarding".
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
With regard to ANCINE's competencies, there are no penalties for the non-use of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licenses are not transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
With regard to ANCINE's competencies, there are no conditions associated with issuing a license.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There is no need for additional administrative procedures with ANCINE to obtain the import license of cinematic films. Only the license requirement in the SISCOMEX.