Requirements for Custom Duties Exemption
Before the items to be donated are imported in to Brazil the following procedures must take place:
The importation of donated goods is subject to the Non Automatic Importation License – LI (Licença de Importação Não-Automática) and it has to be registered in the Foreign Trade Integrated System – SISCOMEX (Sistema Integrado de Comércio Exterior).
As long as the legal requirements are met, the importation of used goods might be authorized as donations when directly made by (the United States; Federal District; Municipalities; entities of public nature; educational, scientific and technological institutions and non-profit institutions or organizations) to fulfill exclusively their needs, without payment or commercial purposes.
Immediately after the registration of the Non Automatic Importation License within the SISCOMEX the importing party must file the pro forma invoice with the Departamento de Operações de Comércio Exterior – DECEX (Department of Operations for Foreign Trade) of Secretaria de Comércio Exterior – SECEX (Secretariat of the Foreign Trade) of Ministério do Desenvolvimento Indústria e Comércio Exterior – MDIC (Ministry of Development, Industry and Commerce). The pro forma invoice must state the commercial value of the imported items and a declaration that the items are for donation purpose only and that no payment are due. In the case that the shipment and/or insurance cost are of the responsibility of a Brazilian importer, or if the beneficiary is responsible for reimbursing the cost of shipment, this information must also be stated on the pro forma invoice and also on the LI form under the additional information item.
The customs clearance of the donated items will take place upon the registration of the Simplified Importation Declaration – DSI (Declaração Simplificada de Importação) at SISCOMEX. That is also when the interested party should request the tax exemption for the donated items.
The interested party must present to the Customs Authority proper documentation attesting the compatibility in nature, quality and quantity of the donated items with the activities developed by the beneficiary. This documentation should be issue by one of the following agencies:
In the cases that the value of the imported items exceed US$ 1,000.00 (one thousand US dollars), the interested party must also prepare a donation letter or equivalent document, issued by the exporting party, translated (if not in Portuguese) with the authentication of the Chamber of Commerce or of a Brazilian Consulate.
The donation must be formalized through a letter (must be typed):