Machinery, equipment, appliances and instruments, as well as spares, accessories, raw materials and intermediate products, intended for scientific and technological research
- 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.
CNPQ uses SISCOMEX to analyse import licenses that do not have restrictions on value, weight or size of imported items. Ninety per cent of imports for research, in this regime, are directed to the green channel (facilitated customs procedure). SISCOMEX is used in cases of simplified licenses, valid for import of materials of a maximum value of US$ 10,000.00, including freight. The service Importa Fácil Ciência dos Correios has a weight restriction (maximum 30kg). The post must be made by the official postal service of the country of origin of the goods.
Imports that make use of the exemptions of Laws No. 8.010 of 1990 and No. 8.032 of 1990, are exempt from the payment of import taxes, Industrialized Products Tax and the Additional to Freight for Renewal of the Merchant Navy Imports.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Imports of machinery, equipment, appliances and instruments, as well as their spares, accessories, raw materials and intermediate products, intended for scientific and technological research. Thus, CNPQ can consent an import license of any product that is intended for scientific and technological research, provided that it meets the requirements in accordance with prior accreditation of institutions, companies or natural persons.
Q3. The system applies to goods originating in and coming from which countries?
Any country.
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?
The consent of the Import License consists of analysing the registered import licenses in order to authorize the continuity of import procedures by Law No. 8.010 of 1990, or Law No. 8.032 of 1990.
Among other aspects, the import licensing aims to attest to the customs authority and other licensing agencies the following legal aspects:
(a) the destination of goods to be imported in scientific and technological research programs, pursuant to Article 1 of Law No. 8.010/1990 and Article 186-E of Decree No. 6.759/2009;
(b) the importer accreditation, pursuant to No. 2 of Article 1 of Law No. 8.010/1990 and Article 186‑E of Decree No. 6.759/2009;
(c) the distribution and control of the import annual quota, pursuant to terms of No. 2 of Article 1 of Law No. 8.010/1990 and Article 186-F of Decree No. 6.759/2009;
(d) verification if the goods to be imported are those authorized by CNPQ when analysing the research, development and innovation project presented by the company.
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?
The following laws and regulations are observed:
Law No. 8.010 of 1990, may register import licenses, researchers, Scientific, Technological and Innovation Institutions – ICT and non-profit entities, active in the promotion, coordination or execution of scientific and technological research programs, innovation or teaching and duly accredited with CNPQ. Teaching entities should prove to be active in scientific, technological and innovation research.
Normative Resolution No.041 of 2018 of the National Council for Scientific and Technological Development – CNPQ and other regulations on the subject.
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)?
Q7.b. Can a licence be granted immediately on request?
There is a period of up to 60 days to consent an import license, but LI's are analysed daily and can be granted immediately.
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 regarding the period of the year, but the consent of Import Licenses is conditioned to the value of the global quota granted annually to CNPQ by the Ministry of Economy, and should observe the prior accreditation of the importer, pursuant to No.2 of Article 1 of Law No. 8.010/1990 and Article 186-E of Decree No. 6.759/2009;
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?
CNPQ may give consent to the license, however, depending on the type of goods to be imported, the licensing may also be subject to the consent of other agencies such as ANVISA, CNEN, IBAMA, MAPA/VIGIAGRO, Federal Police and others.
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?
CNPQ will observe the following aspects:
- Accreditation of the importer. When the importer is different from the institution executing the research, the executing institution or the coordinator of the research must be accredited at CNPQ;
- Items that are being imported and their compatibility with the referred Research Project; and
- Availability of import quota, granted annually to CNPQ by the Ministry of Finance.
In case of non-compliance with the criteria, CNPQ may reject the license or request a requirement of some documentation or additional information. The reasons for rejection are duly justified and importers may adjust the license to the requirements requested.
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?
CNPQ may appraise Import Licenses, complying with the criteria of Law No.8.010/1990 and they can be registered by researchers, Scientific, Technological and Innovation Institutions – ICT and non-profit entities, active in the promotion, coordination or execution of scientific and technological research programs, innovation or teaching and duly accredited with CNPQ. Teaching entities should prove to be active in scientific, technological and innovation research.
Companies can also benefit from Law No. 8.032/1990, provided that they:
(a) are duly accredited by CNPQ;
(b) are exclusively for use in the execution of research, development and innovation projects;
(c) have their research projects analysed and qualified by CNPQ, for the acquisition of goods abroad. In addition, the similarity examination will be necessary.
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?
In possession of a Proforma Invoice, the importer makes the electronic import registration in the SISCOMEX. To do so, the importer needs to select one of the Import Arrangements (normal arrangements or simplified arrangements) provided for by the legislation. The Import Regime determines, among others, the set of documents that must be provided, as well as the procedures for the goods supervision.
Q11. What documents are required upon actual importation?
Import accreditation for the researcher acknowledgment and the requesting institution (valid), Proforma Invoice, commercial invoice, packing list, airway bill of lading (House Air Waybill and/or Master airway bill), Mantra statement (Manifest of Transit), dispatch slip.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Administrative charge: SISCOMEX utilization rate (R$ 214.00 on average); storage (variable), international freight (variable), national freight (variable) and insurance (variable). It should be noted that CNPQ does not require any type of payment and that the items described refer to charges for import procedures.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Import licenses have a period of 90 days of validity and may be extended for the same period at the request of those who register it in the system. Importers must observe the effective date of accreditation with CNPQ, if the accreditation is close to maturity, adjustment of the term of validity of the given license may be given.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, if the importer does not use the deferred license, he or she must cancel himself or herself.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
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?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importers must be previously accredited pursuant to No. 2 of Article 1 of Law No. 8.010/1990 and Article 186-E of Decree No. 6.759/2009.