NEW LAW BANS THE EXPORT OF PRODUCTS CONSIDERED ESSENTIAL TO COMBAT THE CORONAVIRUS PANDEMIC
updated on Apr 24 at 05:48 pm
Law No. 13,993, enacted today (April 24, 2020), prohibits the exports of health and medical products that are considered essential to combat the coronavirus pandemic in Brazil. In particular, exports of the individual protection equipment (such as gloves, aprons, goggles, medical masks, etc), mechanical ventilators and circuits, hospital beds and multi-parameter monitors. The restriction at issue will last while the Public Health Emergency due to Covid-19 persists.
Import and export measures in Brazil in the scope of COVID-19
updated on Mar 27 at 02:50 pm
Brazil has published some relevant trade-related measures in order to ensure the supply of products related to the fight against COVID-19.
Resolution GECEX No. 17/2020 and 22/2020, published on March 18th and March 26th, respectively, granted a temporary reduction of the import tax (to 0%) for a series of products related to combat of the epidemic in Brazil. The list of products subject to such reduction includes, amongst others: alcohol and alcohol gel 70%, disinfectants, masks, gloves and other personnel protective equipment, and some hospital equipment. The tariff codes (Mercosur Common Nomenclature – NCM, based on the Harmonized System) of the products subject to the reduction can be found in the annexes of these resolutions.
In order to complement the import measure above, the Brazilian Customs Authorities issued Normative Instructions 1,927/2020 and 1,929/2020. These Normative Instructions allow the delivery of imported products necessary to the combat of COVID-19 (including inputs and capital goods) to the importer before the completion of customs clearance. They also established that the import declaration related to these products shall have priority during customs clearance. These measures are also temporary and shall remain in force during the national public health emergency.
Finally, Resolution CAMEX No. 23/2020 suspended the antidumping duties applied on the imports of syringes and vacuum blood collection tubes from certain origins.
Regarding exports, Ordinance SECEX No. 16/2020, published on March 19th, established the Special Export License For Products Related to the Combat of COVID-19, to be granted by the Subsecretary of Foreign Trade Operations. The exporter is responsible for fulfilling the form of the export documents at Siscomex/Single Window (system where all import and export operations are registered), in order to obtain the Export License.
Furthermore, RDC 352/2020, issued by the National Health Surveillance Agency (ANVISA) issued, on March 20th, 2020, establishes the need for prior authorization upon exportation of chloroquine, hydroxychloroquine and products subject to health inspection destined to the combat of COVID-19.
The list of NCMs subject to these export licenses/authorizations can be found at Notícia Siscomex Exportação No. 008/2020, 009/2020, 010/2020, 011/2020 and 012/2020.
Besides the measures above, the National Congress is currently analyzing a proposal to forbid the exports of medical and hospital products necessary to fight the epidemic. The proposal was approved by the Chamber of Deputies and shall be analyzed by the Senate.
The measures above aim to facilitate the imports and provide a greater control upon exports of the products necessary to the fight against COVID-19, so as to avoid a potential shortage of these products in Brazil.