On March 29, 2021, Provisional Measure No. 1,040 was published, promising to reduce bureaucracy and modernize the business environment in Brazil, including simplifying the process of opening companies, facilitating operations in foreign trade, and expanding their powers through general shareholder meetings.
Among the articles that discuss the regulations, Article 7 puts an end to price controls through import licensing, while prohibiting the bodies and entities of the direct and indirect Federal Public Administration from establishing the limits previously imposed, with regard to the values of goods or even related services practiced in imports or exports, as well as making it impossible to deny authorization in view of the values in the operations practiced.
Furthermore, Article 8 grants the Single Window for Foreign Trade the status by law, mandating the electronic processing of transactions, which will allow the taxpayer greater legal certainty, in accordance with the provisions of the Constitution in its article 5°.
The aforementioned article stipulates that an electronic platform will be made available to customs agents to enable the submission of documents, data, or information to federal government agencies and entities as a condition for import or export, thus facilitating access for these agents, who will be able to carry out all essential procedures via the internet.
Article 36 of the provisional measure also provides regulations for the investigation of non-preferential origin, with penalties following its conclusion. It stipulates that the origin determined by the Federal Revenue Service for Foreign Trade and International Affairs of the Ministry of Economy, upon completion of the verification of non-preferential origin, will be applied to all imports of identical goods from the same exporter or producer.
Specifically, non-preferential rules of origin refer to the set of laws, regulations, and administrative determinations of general application, used by countries that intend to determine the country of origin of goods, provided they are not related to contractual or autonomous trade regimes that provide for the granting of tariff preferences, encompassing all rules of origin used in non-preferential trade policy instruments, such as antidumping and countervailing duties, among others.
Article 33 also revokes the requirement that goods transported on ships flying the Brazilian flag be eligible for tax incentives.
The provisional measure published seeks to boost Brazil's ranking. Doing Business, According to the World Bank, which assesses the ease of doing business in 190 countries, Brazil is currently ranked 124th, behind other countries with smaller economies, such as Belgium and Armenia.
Article by Rebeca Ayres, Lawyer, graduated in Law in 2017 by the Bahian Faculty of Law. Brazilian Bar Association (OAB/BA) No. 57,313; Brazilian Bar Association (OAB/SC) No. 52,845-A
Specialist in Customs Law and Foreign Trade from the University of Vale do Itajaí-SC (Univali).
Member of the Customs, Maritime and Port Law Committee of the OAB/SC (Brazilian Bar Association, Santa Catarina chapter).
Member of the Customs, Maritime and Port Law Committee of the OAB/SP (Brazilian Bar Association, São Paulo chapter).
