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Administrative Formalities for Importation of Finished Products, Consumable Supplies, Raw Material

Presidential Decree No. 928 was published in Official Gazette No. 40,397 of April 23, 2014. The purpose of said Decree is to expedite the administrative formalities and operating procedures required under the current legislation in order to import the finished products, consumable supplies, and raw material indicated in the Decree. The Decree establishes the list of goods that are considered to be a priority for national supply and, therefore, the expediting mechanisms established in the Decree will be applied to the formalities for the importation and inward customs clearance of the same. The goods indicated in the Decree belong to the following lines of business: (i) food; (ii) consumable supplies for priority food products; (iii) ground freight transportation, ground transportation for agricultural purposes or for public service; (iv) home cleaning and personal care products; (v) medicines; (vi) medical surgical material; (vii) disposable medical clothing; (viii) radio frequency electrosurgical apparatuses, electrosurgical units; (ix) knee and intraocular prostheses; (x) contraceptive methods; (xi) in vitro diagnostic medical devices; (xii) products for disinfection of surgical areas, biological detergents for instrument cleaning; (xiii) odontological consumable supplies; (xiv) raw material and consumable supplies and (xv) accessory consumable supplies of the chain of health consumable supplies. Likewise, the expediting and simplifying mechanisms established in the Decree will be applied to the products, subproducts, raw material and consumable supplies required in the productive processes or subprocesses of the aforesaid items. The obtainment of the Import Licenses, No National Production Certificates (Certificados de No Producción Nacional - “CNP”) and Insufficient Production Certificates (Certificados de Insuficiencia de Producción - “CIP”) from the competent agencies and entities, as well as the Authorizations for Acquisition of Foreign Currency (Autorizaciones de Adquisición de Divisas - “AAD”) processed at the National Center of Foreign Trade (Centro Nacional de Comercio Exterior - “CENCOEX”), will not be subject to the filing of clearance certificates in the case of import transactions of the essential products, subproducts, raw material, and consumable supplies established in the Decree. The importers must continue to pay the relevant contributions in order to obtain the clearance certificates, which may be required on a subsequent date. The Import Licenses, CNP, and CIP granted after October 1, 2013, for the items established in the Decree, that have expired pursuant to Decree No. 430, published in Official Gazette No. 40,268 of October 9, 2013 or that have an expiration date before December 31, 2014 will remain in effect until December 31, 2014.  For purposes of the Decree, the CNP and CIP granted by the Ministry of the Popular Power for Industries that are being used for purposes of imports made under the multi-shipment method may continue to be used, even if they are expired, until reaching the total amounts authorized.  The certificates or documents related to persons’ and animals’ health protection, control, and prevention required for importing the goods and merchandise mentioned in the Decree will be processed and issued by the competent authorities in a period of time not exceeding seven (7) business days after verification of the requirements established. The labor clearance certificates in force may be used for the administrative formalities and processes related to the products, subproducts, consumable supplies, and raw material indicated in the Decree, regardless of the agency or entity requiring it.

 

The Decree will remain in force from April 23, 2014 to December 31, 2014.

 

In order to access the Decree, please click here.

 

 

“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”