Gabriela de Ávila Machado
Lawyer at Marcos Martins Advogados
On July 27, the Ministry of Economy (SECEX/ME) published Secex Ordinance 44, which amends SECEX Ordinance 23/2011 and regulates the “granting, use and termination of the special drawback customs regime”. This special regime grants the beneficiary a tax benefit (suspension, exemption or refund of taxes) with regard to raw materials used in the production of goods destined for export.
The new rule aims to reduce bureaucracy and simplify processes, as provided for in Decree 10.139/2019 and in accordance with the Economic Freedom Act. The new conditions were the subject of a public consultation and, according to the Ministry of Economy, make drawback more accessible, “transparent and capable of conveying greater legal certainty to Brazilian exporters”.
The main changes are:
- Oscillations in the indexes will not be considered non-compliance with the drawback regime, as long as certain conditions set out in the Ordinance are respected;
- Separation of rules for the different drawback regimes;
- Updating of Secex export regulations, among others.
