How to Export to Brazil - Sprint Lazio

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INCOTERMS Brazil – Ministry of External Relations Incoterms are terms used to define the conditions of purchase and sale established between exporters and importers, and which take into account cost sharing and responsibilities in a foreign trade operation. There are 13 different terms, namely: EXW, FCA, FAS, FOB, CFR, CIF, CPT, CIP, DAF, DES, DEQ, DDU and DDP. In Brazil, the most commonly used ones in operations by sea are FOB, CIF and CFR. In air and land operations, the ones most utilized are FCA, CPT and CIP. DAF is used in border operations, especially with Mercosur countries and Bolivia. It must be noted that the use of Incoterms is not mandatory. If the terms are adopted in the negotiation, however, they acquire contract status. It is also worth noting that Brazil does not accept, for tax purposes, the DDP condition because the foreign exporter cannot legally assume the responsibility of the import-related taxes. Therefore, when an import is being expedited, Siscomex does not allow this condition in the sale. Both in the course of the expedition and thereafter, the importer is accountable for all the taxes, fines and moratorium charges the operation may be subject to. III.4.3. Import licensing The administrative system for Brazilian imports is regulated by SECEX Ordinance no. 35, dated 24 November 2006, and comprises the following modalities: a) Imports Relieved of Licensing; b) Imports Subject to Automatic Licensing; and c) Imports Subject to Non-Automatic Licensing. As a general rule, Brazilian imports are relieved of licensing, and the importer - or his legal representative - must only perform the registration of the Import Declaration (DI) in Siscomex in order to initiate procedures for Customs Clearance at the local unit of the Federal Revenue and Customs Administration (SRF). Apart from the exceptions provided for by law, the DI may only be registered once the goods have arrived in Brazil. Imports subject to licensing are those in which the law requires prior authorization from specific Public Administration agencies in Brazil to import certain goods or when specific conditions have to be met. In such cases, the importer must draw up an Import License (LI) at Siscomex, providing information on the pertinent commercial, financial, currency exchange and fiscal nature of the intended operation. The LI must How to export to Brazil 47
Brazil – Ministry of External Relations be registered in advance, in compliance with the law, and it must be noted that the shipping of the goods abroad can only take place once the licensing is authorized, except for the cases provided for by law. The maximum period for the processing of the LI is 10 business days in the case of Automatic Licensing and 60 calendar days in the case of Non-Automatic Licensing, counted from the date of registration in Siscomex. As a rule, both licenses are valid for 60 days for the purposes of the shipment of the goods abroad. The list of products/operations subject to licensing may be found in the “Administrative Procedures “ module in Siscomex Import. In addition, the MDIC website (http://www.desenvolvimento.gov.br) provides the list of products subject to licensing, in terms of their fiscal classification in the Mercosur Common Nomenclature (NCM). Once the LI is registered in Siscomex, it is tagged with the label “for analysis” (“para análise” ), which means that it is available to be allocated by the responsible authorizing agency. After being allocated, the LI assumes the under analysis (“em análise”) status, indicating that it is already being examined by the agency. The demands that the authorizing agency may pose are registered at Siscomex to inform the importer of the appropriate action to be taken. While such requirements are not met, the LI will keep the “pending” (“em exigência”) status. Once the analysis is concluded, the authorizing agency records its decision in the system as “Granted” (“Deferido”) or “Denied” (“Indeferido”). If the LI is subject to concession by more than one agency, the importer must wait for the authorization of all the agencies involved. Thereafter, the goods may be shipped abroad and, upon their arrival in Brazil, the Import Declaration (DI) will be drawn up. When drawing up the DI, the importer must inform the number of the Import License that was granted in the section4 that is subject to Licensing, so that Siscomex can link the LI to the DI. In this way, while registering the DI in the system, the data already entered when drawing up the LI will be automatically transferred to the respective section in the DI (see section III.5.5). Due to the prior concessions required for some products, it is important that the exporter find out from the importer what procedures are required for licensing, prior to the shipment of the merchandise. In this regard, it is important that the exporter knows the different prior concessions that are required to Import, which will be addressed in the next section. Although the importer is responsible for meeting the Brazilian regulations, it is necessary that the exporter promptly provide all the required information, especially technical details about the product which will define not only its accurate classification but also what the prior requirements of the authorizing agencies are. In some cases, the physical inspection of the merchandise in the country of origin and the issuance of the corresponding certificate will be necessary. 4 The Import Declaration contains general information, such as the importer, the transport used, the cargo, the means of payment; while in this section, called in portuguese “adição”, more specific information is granted, such as the supplier, the customs value, Incoterms applicable to the operation, taxes and exchange. 48 How to export to Brazil
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