The Ministry of Economy simplified the administrative procedures related to the import of used goods comprising the transfer of production lines when approved by the Foreign Trade Secretariat (SECEX). It seeks to lower the operating costs of Brazilian companies.
Ordinance n.º 156/2021 from the Foreign Trade Secretariat (SECEX) at the Ministry of Economy simplified the administrative procedures related to the import of used goods involving the transfer (from other countries to Brazil) of production lines, production cells, or industrial facilities when linked to a project approved by SECEX. The ordinance revised specific provisions of SECEX Ordinance n.º 23/2011 (foreign trade operations), concerning the conditions for importing used goods without the need for proving the nonexistence of domestic equivalent products (article 42), specifically item “V” (transfer of production lines, production cells or industrial facilities linked to a project approved by SECEX).
The revision reduced the deadline period for SECEX to complete the analysis of transfer projects, submitted by importers of such used goods, from 30 days to 10 days. It also removed the requirement for an agreement between importers and domestic producers of equivalent goods (by revoking article 49). The new ordinance also included a new requirement, concerning a declaration of isonomy between the imported used goods and the equivalent domestically produced goods, submitted by the importer. The isonomy relates to legal and regulatory requirements on the environment, energy efficiency, and work safety.
According to the Ministry of Economy, the streamlining of procedures will reduce costs for Brazilian companies, while being in line with international procedures and the Law of Economic Freedom (Law n.º 13.874/2019). According to the ministry, 136 production lines (projects) were transferred to Brazil between 2016 and 2020, accounting for US$ 92.8 million.
The new ordinance stems from a public consultation process initiated by Ordinance n.º 47/2020, reported in the 15th edition of the Regulatory Report.
