Defense products
- 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 import licensing system of the Ministry of Defense is based on Decree No. 9.607 of 12 December 2018 (http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/decreto/d9607.htm) which establishes the National Policy for Export and Import of Defense Products (Pnei-Prode).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The Ministry of Defense import licensing system applies to Defense Products, which are listed in SEPROD/SG-MD Ordinance No. 5.216 of 17 December 2021 (https://www.in.gov.br/web/dou/-/portaria-seprod/sg-md-n-5.216-de-17-de-dezembro-de-2021-369376126). As provided for in this standard, the update of the list of defense products will be carried out once a year or whenever necessary.
Q3. The system applies to goods originating in and coming from which countries?
The import licensing system of the Ministry of Defense applies to products originating in and coming from all countries without distinction. As the case may be, filters are applied based on United Nations Security Council resolutions.
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 import licensing system of the Ministry of Defense does not aim to restrict quantity or value. Pnei-Prode aims, among others, to contribute to the control of exports and imports of Defense Product (PRODE). Agents involved in PRODE export and import activities, in the exercise of their duties, shall observe, among others, the following assumptions: the imperatives of national defense; the international treaties to which the Federative Republic of Brazil is a party and the international commitments assumed by the country; the existence of embargoes applied by the United Nations Security Council; the possibility that arming may be used in acts of genocide, crimes against humanity or war crimes; the possibility that weapons may be used to facilitate human rights violations or to promote international law on armed conflict; the possibility that weapons may be employed in acts of terrorism or used by transnational organized crime; the risk that weapons will be diverted in the correctly established course of the corresponding trade operation.
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 import licensing system of the Ministry of Defense is based on the Decree No. 9.607 of 12 December 2018 (http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/decreto/d9607.htm).
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)?
The average period for granting licenses is three days.
Q7.b. Can a licence be granted immediately on request?
The licenses requests are analysed in chronological order.
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.
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?
Ministry of Defense.
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?
An application for a licence will not be refused other than failure to meet the ordinary criteria. The reasons are presented and there is possibility of appeal.
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?
The eligible importers are provided for in Decree No. 9.607 of 12 December 2018 available in http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/decreto/d9607.htm.
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?
Import license requests are processed electronically and do not require document analysis.
Q11. What documents are required upon actual importation?
The documents requested are provided for in Decree No. 9.607 of 12 December 2018 available in http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/decreto/d9607.htm.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no charge for a licensing fee or administrative charge.
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.
No deposit or advance payment requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The license is valid for 90 days until shipment and for 180 days until customs clearance.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
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?
The conditions are those laid down in the legislation.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures.