Decree No. 38 of the Foreign Trade Secretariat (SECEX) was published on May 19th in the Official Gazette. It changed provisions about special procedure of non-preferential origin verification.

Non-preferential origin verification is promoted by Department of International Negotiations (DEINT), which selects through a risk analysis the import licenses that will be subject to the special procedure

DEINT will consider the following elements: (i) record of the Brazilian imports of the product based on the import license, (ii) record of Brazilian imports of the product concerning the production company as well the exporting company, (iii) record of operations performed by the importer, (iv) record of exports which were performed by origin and (v) claims filled before to SECEX.

If the declared origin is not verified, the import licenses will be denied. This measure will be extended to all imports of the same producer until compliance with origin rules is proven.

DEINT will be able to perform this non preferential origin verification of the product for other producers from the same investigated origin.

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.