Brazil: Memorandum - Infrastructure (18/04/2013)

Logistics and Industrial Customs Centers ("CLIA"): Reform of the legal regime governing dry ports (customs locations in secondary zones)

On April 4, 2013, Provisional Measure No. 612 ("PM 612") entered into effect, thus changing, among other provisions, the legal regime applicable to customs locations within Brazil's secondary zones, and in particular, the legal regime governing logistics and industrial customs centers ("CLIAs").

Customs or dutiable locations are sites under customs control where imported goods or goods dispatched for exportation (and associated services) transit or are stored for purposes of customs clearance.

For the purpose of customs control, the national territory is divided into a primary zone (consisting of ports, airports, and border customs points) and a secondary zone (the rest of the country). The terms ?CLIA? and ?dry port? thus refer to customs sites that are not located within ports, airports, or inland border transit points. 

PM 612 revokes the grant of concessions/permissions to operate dry ports in favor of a new model based upon licenses.

According to Art. 5 of PM 612, the right to operation a CLIA will be granted by license to entities incorporated in Brazil that are engaged in the service of general storage, by demonstrating their compliance with tax laws and economic, technical, and operational requirements for customs established by the Secretariat of Brazil?s Federal Revenue Service ("Federal Revenue"), as well as the requirements of the measure itself (e.g., being the owner, holder, or user of the land where the CLIA will operate; having net worth equal or superior to R$2 million; submitting an operational plan consistent with the preliminary project for the CLIA that was previously approved by the competent authorities; and the CLIA being located in a municipality or metropolitan region where a unit of the Federal Revenue is located).

Before the promulgation of PM 612, the operation of sites to movement and storage of goods in secondary zones for importation and exportation was authorized pursuant to concessions and permissions granted by the Federal Revenue pursuant to provision VI of Art 1, of Law No. 9.074 of July 7, 1995, which was revoked by the abovementioned PM 612. This means that parties who operated dry ports under the old regime were required to observe rules applicable to any party providing public services. In this regard, the operation of dry ports by private entities or individuals under the concession or permission regime had to, for example, be preceded by a public bid.

The old regime governing the operation of CLIAs was an obstacle to the wider movement and storage of goods and services, as it did not allow rapid modification of the operational capacity of locations placed in secondary zones, and prevented the relocation of CLIAs in order to meet changing demand. Additionally, because the services provided in dry ports are in the nature of public services, it was difficult to attract interested parties to bid, and there was legal uncertainty regarding extensions of the terms of contracts entered into with Federal Revenue.  

Pursuant to the new license regime, licensed operators have greater freedom to extend or exit contracts to operate CLIAs, allowing greater economic efficiency in the customs control system.

As noted, the old model was based upon revoked provision VI of Art. 1, of Law No. 9.074. Although the revoked provision deemed the operation of dry ports to be public services, the Constitution of the Federal Republic of Brazil does not expressly treat them as such. Indeed, before Law No. 9.074, the operation of customs stations and other customs terminals placed in secondary zones were deemed economic activities in the strict sense, although it was necessary to obtain an authorization granted by the Federal Revenue.

To avoid conflict between the old and new regimes for operating CLIAs, as well as to avoid harm to permitees operating dry ports upon the basis of the revoked provision, PM 612 provides that old-regime permitees may, upon request and where doing so will in no way prejudice the federal government, transfer their operations to the new regime governed by PM 612, with no interruption in activities and with no penalty for contractual termination. In the event such transfer occurs, the existing contract for operations will be terminated via the same act that grants the license for operation of the CLIA. We note, however, that the termination of such contracts does not dismiss the contracting party from outstanding contractual obligations or any penalties due for infractions occurring during the term of such contracts.

With the purpose of resolving disputes involving the term of existing concessions and permissions based on emergency contracts, injunctions, and on Provisional Measure No. 320 of August 24, 2006 (?PM 320?), the new regime will also apply to:

  • A customs venue that was previously operated pursuant to a permit or concession on the date that PM 612 entered into effect, due to judicial measure or supported by emergency contract; and
  • A customs venue that was operating, on the date PM 612 entered into effect (i.e., April 4, 2013), as a CLIA pursuant to PM 320 (transferal to the PM 612 regime will occur pursuant to Art. 16 of PM 612 or by court order).

We also note that Art. 16 of PM 612 provides that a concessionaire operating in a facility housed on federal government land may, upon 365 days prior notice, terminate its contract, such concessionaire retaining the right to operate the CLIA via a license issued by Federal Revenue until the end of the original term of the concession (in exchange, of course, for payment of rent to use federal government land). However, partial termination of such contracts is not permissible.

PM 612 prohibits the grant of licenses to operate CLIAs in municipalities covered in bid notices and concession contracts arising under revoked provision VI of Art. 1, of Law No. 9.074 during the term of the contract. However, as previously mentioned, such prohibition does not apply to prevent transfers from other locations that operate in geographic areas covered by bid notices arising under the former regime to the new regime.

It is important to mention that the limitation described above does not apply to geographic areas where the party seeking a license to operate a CLIA demonstrates, through a ?Technical and Economic Feasibility Study?, that: (i) there is demand for services that is not being met by existing resources under the old regime; (ii) the growing demand for services indicates that customs infrastructure must be strengthened quickly; or (iii) the economic growth of the region indicates a potential demand for services that cannot be met by current customs areas or infrastructure.

Finally, we must emphasize that Federal Revenue has jurisdiction over customs matters and thus establishes the procedures to be complied with by operators of customs areas (as provided by Federal Revenue Ordinance No. 3.518/2011). Although PM 612 provides that Federal Revenue may allow the operation of the CLIAs through licenses, we note that the Federal Revenue?s own ruling does not yet foresee the possibility of allowing operations pursuant to licenses. 

Thus, we recommend that potential concessionaires pay close attention to any Federal Revenue procedures that may be announced, it being possible that, in order to give effectiveness to the new provisional measure, Federal Revenue will issue implementing regulations in the future.

The promulgation of PM 612 demonstrates the government?s desire to encourage the development of infrastructure in Brazil and also to complement the reform of the ports legal regime recently witnessed by the issuance of Provisional Measure No. 595/2012. Together, these new measures will strengthen infrastructure for the movement and storage of goods within Brazil.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions