Decree No. 629/2017
On August 10, 2017, Decree No. 629/2017 was published in the Official Gazette creating the "Regime for the importation of used goods for the hydrocarbon industry." The regime regulates the importation of used goods for consumption destined to the hydrocarbon industry, with the objective of incorporating new technologies and management modalities that contribute to the development and promotion of this industry.
This regime is created by the Government within the framework of adopting policies that tend to promote productive investments, increase productivity, competitiveness and the generation of employment.
Some considerations of this regime:
(A) Beneficiaries: the persons that can adopt the regime are (i) entities registered in the Register of Petroleum Companies ("Registry") and (ii) persons that provide services directly related to the hydrocarbons activity for some companies registered in the Register.
(B) Antiquity: the used goods cannot have more than ten (10) years counted from the moment of the manufacture.
(C) Certificate: the benefit will be formalized through the issuance of a certificate in favor of the interested party that must be filed before the General Directorate of Customs when it is make official that the destined of the good is for consumption. The certificate will be subject to prior consultation of the Undersecretariat of Industry of the Ministry of Industry and Services of the Ministry of Production, that must issue its opinion within ten (10) working days as of the receipt of the proceedings. The certificate will be in force for 120 administrative business days from the moment of its issuance.
(D) Opposition / Local production capacity: local suppliers may submit an affidavit accompanied by supporting documentation, stating that a good of similar characteristics has been produced locally in the 5 years prior to the consultation. If the consultation is positive, the interested party must commit to purchase new local goods of an amount equal to or greater than a percentage of the total value of the imported used goods that the interested party acquired under the regimen, depending on the antiquity, as detailed in Annex I Of the Decree. Additionally, the interested party must constitute a guarantee before the Ministry of Industry and Services of the Ministry of Production for an amount equivalent to the value of the commitments. If the goods are not purchased within the specified period, the guarantee will be executed. In the case of goods listed in Annex I (c), they will not require any commitment to purchase new goods of national origin.
(e) Authority: the authority for the application of this decree is the Undersecretariat of Foreign Trade of the Secretary of Commerce and the Undersecretariat of Industry of the Secretary of Industry and Services, both of the Ministry of Production. The authority to grant the certificate is the Undersecretariat of Foreign Trade of the Secretary of Commerce.
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