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Customs Law: Ordinance establishes the dollar exchange rate for registration in the Siscomex Radar

Recently, Coana Ordinance Nº. 115 of 2023 was published, setting the average dollar exchange rate at R$ 4.6638 for the calculation of the financial capacity estimate of taxpayers who, in 2023, submit administrative proceedings for habilitation/revision of estimates under the Registration and Tracking System of Customs Operators (RADAR).

To provide a brief context, RADAR aims to unify information from all participants in foreign trade to monitor their behavior, identify the origin of applied resources, prevent fraudulent activities, and identify those responsible for any customs and tax legislation violations.

Habilitation under RADAR must be obtained before commencing operations and is necessary for users to access the SISCOMEX environment, a system that integrates registration, monitoring, and control activities at each stage of these operations. To request habilitation, the declarant must follow the guidelines and conditions set forth in Normative Instruction No. 1,984/2020 and Coana Ordinance No. 72/2020.

These regulations provide for the classification of declarants into categories, directly depending on their operational and financial capacity, limiting the volume of possible imports. The currently provided categories are:

  • Express: intended for publicly traded corporations with shares traded on stock exchanges or over-the-counter markets and public companies or mixed-capital companies, with no value limits for imports and exports;
  • Limited up to US$ 50,000: financial capacity estimated at an amount equal to or less than US$ 50,000, allowing semiannual imports with a customs value up to the mentioned limit and unlimited exports;
  • Limited up to US$ 150,000: financial capacity estimated at an amount greater than US$ 50,000 and equal to or less than US$ 150,000, allowing semiannual imports with a customs value up to the mentioned limit and unlimited exports;
  • Unlimited: financial capacity estimated at an amount greater than US$ 150,000, with no limits on imports and exports.

If the operator believes they have a financial capacity exceeding the current classification, i.e., capacity exceeding US$ 50,000 or US$ 150,000, they can request an automatic revision of their estimate via the Habilita System available on the Single Portal of SISCOMEX or by submitting documents electronically through the E-CAC environment.

The revision via the Habilita System is based on tax payment information available in the Brazilian Federal Revenue database and may result in a higher or, depending on the context, lower financial capacity.

In the case of a revision via electronic process, the request must be accompanied by proof of financial and operational capacity, with the required documents specified in Coana Ordinance No. 72/2020, varying depending on possible justifications provided in the same regulation, such as current account balance, investments, tax payments, and tax exemptions.

For conversion and verification of financial capacity exceeding the limits, the declarant must use the average dollar exchange rate, which for requests submitted in 2023 is set at R$ 4.6638, as provided in the aforementioned Coana Ordinance No. 115/2023.

Therefore, for the year 2023, the minimum values to be proven as financial capacity for classification into higher categories are:

  • Limited up to US$ 150,000: R$ 234,000
  • Unlimited: R$ 701,000
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