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Import and export of own vehicles

Understanding how the process of import and export of own vehicles works is a topic of great relevance given the Brazilian reality. The Brazilian motor vehicle market is one of the largest in the world, and there is considerable demand on the issue of import and export.

So, in this article, we’ll be able to explain the main doubts about the process of importing and exporting our vehicles, from the perspective of private international law.

And if you want to talk to our team of specialists, click here to access our service area, and request yours.

Author: Lucas Velozo de Mello Marchiori

Import and export of own vehicles: who can import vehicles in Brazil?

Starting with the issue of imports, one of the most relevant aspects is knowing who can import vehicles in Brazil. This possibility will vary according to the condition of the vehicles.

In the case of new vehicles, both individuals and legal entities can import them. Thus, companies in Brazil and Brazilian citizens can import new vehicles without major legal restrictions. To do this, the individual or legal entity must register with Radar/Siscomex.

The import of vehicles by individuals is only permitted for their own use. Therefore, the law prohibits the importation of vehicles by individuals for commercialization purposes in Brazil.

Used vehicles are restricted to individuals. Therefore, it is necessary to prove that the vehicles are for collection purposes. Therefore, the import of used imported vehicles encounters greater difficulty.

The importer must be a member of a club, affiliated with the Brazilian Federation of Vintage Vehicles (FBVA). This federation analyzes whether vehicles meet the requirements to qualify as collectibles.

This brings us to an important question about the types of vehicles imported in Brazil.

What types of vehicles can be imported?

The possibility of importing vehicles comes with some restrictions that need to be observed.

As already mentioned in the previous topic, new vehicles can be imported by both individuals and legal entities. A new vehicle has zero mileage, regardless of its year of manufacture. Furthermore, the vehicle must never be licensed or registered in its country of origin.

In turn, used vehicles must be imported by an individual. These vehicles must be identified as a collector’s item, being at least 30 years old.

It’s significant to note that the vehicle is manufactured in 30 years, not the model. Thus, a 1994 model vehicle, manufactured in 1993, would already be able to be imported in 2023.

SECEX Ordinance No. 249, of July 4, 2023, establishes the list of vehicles permitted for import into Brazil:

  • Tractors;
  • Motor vehicles for transporting ten or more people, including the driver;
  • Passenger cars and other motor vehicles mainly designed for the transport of people (except those heading 8702), including mixed-use vehicles (Station Wagons) and racing cars;
  • Motor vehicles for the transport of goods;
  • Motor vehicles for special uses (e.g., auto-rescue vehicles, crane trucks, fire-fighting vehicles, concrete mixer trucks, sweeping vehicles, spreading vehicles, workshop vehicles, radiological vehicles), except those designed primarily for the transport of people or goods;
  • Motorcycles (including mopeds) and others equipped with an auxiliary engine, even with a sidecar; sidecars;
  • Motor vehicles without lifting devices, of the type used in factories, warehouses, ports, or airports, for transporting goods over short distances; tractor cars of the type used in railway stations; its parts;
  • Trailers and semi-trailers, for any vehicles; other non-self-propelled vehicles; its parts.

As we can see, this is a very extensive list, capable of covering different types of vehicles.

Brazil’s vehicle export market

Although the process of importing vehicles has greater demand and demand in Brazil, it is also possible to export vehicles manufactured here. Therefore, many foreign investors are looking to buy Brazilian vehicles.

The internet has favored this type of market. In this way, the search for vintage vehicles today is much easier and more accessible for buyers from all over the world.

It’s recommended to act as an individual in import cases. This occurs because Normative Instruction 1.984/20 places some impediments that could generate conflicts with the Federal Revenue if the import does not occur through a company.

Therefore, if you intend to export a vehicle, the most recommended option is to set up your own company or carry out the operation through a trading company.

How does the process of export of own vehicles work?

To export used vehicles, it is also necessary to be qualified in Radar/Siscomex, as well as when importing. This registration is a requirement of the Federal Revenue of Brazil for all companies and individuals who wish to import or export.

After qualifying, you must make a reservation, also known as a Booking. This process consists of loading the vehicle into a shipping container. It is necessary to demonstrate the real intention of transporting the vehicle to the destination country.

After making the reservation, it’s essential to issue the Export Invoice. This is an essential document provided for by Brazilian legislation, which allows the vehicle to be transported to the boarding terminal. To do so, the exporter must be authorized by the State Treasury Department.

At this point, the exporter arranges for the issuance of shipping documentation. This documentation involves:

  • Commercial invoice: an international document that represents the completion of the commercial operation. It is essential for customs clearance in the country of destination of the vehicle;
  • Packing List: document related to the logistics process, establishing a list of shipped products and their characteristics;
  • Draft Bill of Lading: this is a document that represents the exporter’s obligation to the carrier;
  • Single Export Declaration: is a document that represents the data contained in the Export NF, and the data provided by the operator.

With the issuance of this documentation, export will occur, complying with international standards.

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A Koetz Advocacia convida advogados autores para colaborar em nosso site, para discutir assuntos internacionais e migratórios.

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