Since July 27, 2023, Brazil has had the new Normative Instruction RFB No. 2154/2023, which provides for the update of the Brazilian Authorized Economic Operator (AEO) Program, a strategic instrument that promotes "greater alignment with the guidelines of the World Customs Organization," according to the Federal Authority.
These provisions aim to provide greater security, agility and predictability in foreign trade flows, thus encouraging the accession of new actors in the international movement of goods.
What are the changes?
The changes include the harmonization of national standards, provisions and principles of international agreements - with emphasis on the Revised Kyoto Convention - and the operation of the OAS Program through the OAS System available at Pucomex. In addition, the incorporation of the institute will allow participants to adapt their controls and procedures to comply with the criteria of the OAS Program before the conclusion of the certification analysis, even during the certification process, which will reduce the number of challenges and result in greater savings for both the participants and the Federal Revenue Service. It also improves the procedure for excluding certified operators in the event of noncompliance with the criteria of the OAS Program, providing legal security to the processes.
There are two major changes in the inclusion of participants. On the one hand, the new Brazilian regulation has incorporated the Maritime Agency into the AEO Program as of August 1, 2024; however, it has not materialized the presence of Professional Customs Agents.
The voices of the dispatchers
The representative body of Professional Customs Agents in São Paulo (SINDASP) commented that it would be a good public-private practice for the Federal Revenue Service to engage in dialogue with the organizations that participated in the Public Consultation.
Security is the central concern in customs operations, and the Professional Customs Agent works intensively in the verification and compliance of the certainty requirements demanded by the customs authorities. In this sense, the trade association considers that its inclusion in the process is essential to guarantee the conformity of foreign trade operations with the current rules and regulations, allowing security and protection to be effectively exercised in international trade.
"It is no coincidence that the organization is today one of the main agents that contributes with proposals and support in the dissemination of the transformations that Brazilian foreign trade is undergoing," he commented. Elson Isayama, President of SINDASP.
For the representative, the new rule has generated unrest among customs service assistants in Brazil, "always praised by the Federal Revenue itself at the events in which it participates." In fact, - he said - after such publication, the security of the logistics chain is questioned, since the intervention of the Professional Customs Agent is vital in international trade.
SINDASP also considered that the reincorporation of the Professional into the new legislation of the AEO Program is in line with the recommendations of the WCO, which recognizes the importance of a close partnership between the public and private sectors. "A high security guarantee cannot be offered in the logistics chain without this important link in the process," commented Isayama.
Brazil is the only signatory of nine Mutual Recognition Agreements (MRAs) - which include 16 countries, including the United States - that does not introduce Professional Customs Agents, placing them outside the Brazilian AEO Program. "This contradicts the guidelines of the WCO SAFE Framework and the adaptations required to the American CTPAT Program that the new customs legislation intends to follow," he said.
And he listed the signed agreements:
- ARM Brazil – Uruguay
- ARM Brazil – China
- Mercosur ARM (Brazil, Argentina, Uruguay, Paraguay and Bolivia)
- ARM Brazil – Bolivia
- ARM Brazil – Peru
- ARM Brazil – Mexico
- ARM Brazil – Colombia
- Regional ARM (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Guatemala, Paraguay, Peru, Dominican Republic, Uruguay)
- ARM Brazil – United States (US)
Another of the actions pointed out by SINDASP refers to the Public Consultation. During the past month of May, the Federal Revenue Service carried out a Public Consultation to update the regulations that establish the OAS Program: Normative Instruction RFB 1985/2020 and Portaria COANA 77/2020.
The process included more than 700 contributions related to the article related to which are the eligible participants, and SINDASP was the only organization that presented a structured proposal with 104 points for the return of the Professional Customs Agent. The union entity made a clarification in this regard: "CBP (US Customs) has the practice of responding to each of the requests when the Public Consultation is held, but in the case of Brazil, the RFB has not responded to the proposed demands either."
The importance of the Professional Customs Agent has also been highlighted by SINDASP. The following considerations should be mentioned:
«To stay up to date on the latest threats and illicit practices in the customs field, the Professional Customs Agent can assist companies in implementing appropriate security measures to mitigate these risks. Their experience and knowledge allow a broad view of customs operations, contributing to the detection and prevention of suspicious activities, which strengthens the security of international trade. These contributions are significant to the success of the SAFE Framework.
«In addition, the Professional Customs Agent has specialized knowledge of customs regulations and procedures, making him a valuable resource for companies that want to import or export goods efficiently. He is familiar with national and international legislation related to foreign trade, as well as trade agreements and treaties between countries. This experience allows the Professional Customs Agent to help companies in the interpretation of regulations, in the correct classification of goods and in the calculation of taxes and customs fees, avoiding delays and minimizing the costs associated with foreign trade operations.
«In addition to security-related responsibilities, the Professional Customs Broker also acts as a communication link between businesses and customs authorities, facilitating the exchange of information and documentation necessary for customs clearance. He or she guides clients on documentary requirements, assists in the preparation of customs records, and ensures that all necessary documents are correct and complete. This efficient and accurate communication contributes to the efficiency of customs operations and the facilitation of international trade, one of the core objectives of the SAFE Framework.
«The Professional Customs Agent also helps to identify risks and vulnerabilities in foreign trade operations, strengthening the security of international trade.»
Call for reinstatement
«Considering the fundamental role played by the Professional Customs Agent in the security and facilitation of international trade, its "The reinstatement of a new OEA regulation is totally coherent and justified," said the head of the corporation that oversees the intervention of the dispatchers in the foreign trade of the most populated city in Brazil.
The new regulations came into force on August 1, 2023, except for the new certification criteria, for which there will be a one-year transition period. In view of this, the Union of Professional Customs Agents in São Paulo anticipated that - in line with the previous request - it will submit a document to the General Coordination of Customs Administration (COANA) questioning the process.
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