Venezuela: Decree partially amends the Customs Tariff

In brief

On 6 March 2025, the National Executive issued through the Official Gazette No. 6,890 dated 6 March 2025 ("Gazette"), Decree No. 5,103 ("Decree").1 The Decree partially amends the Customs Tariff issued on 24 April 20242 based on the Harmonized Commodity Description and Coding System developed by the World Customs Organization and includes its VII Amendment Recommendation ("Tariff"). The Decree became effective five business days after its publication in the Gazette (i.e., 13 March 2025). The Gazette brings important modifications in customs and tax matters that affect the import and export regimes of goods. In addition to the reform of the Tariff, the Gazette informs about news regarding customs exemptions and customs control through the creation of a Foreign Trade Committee ("Committee"). The Committee will be directed by a permanent presidential commission formed by several public entities and this will primarily promote the implementation of policies for the advancement of nontraditional exports and international trade in general.


Contents

In detail

  1. The Committee is established under a new legal regime included in Article 21 numeral 9 of the Tariff, which requires the Committee's permission for the importation of certain goods. It should be noted that this Committee is not a novelty, as it was created in February 2020, and its main functions are to formulate and implement the foreign trade policy, promote exports, increase the productive capacity, among others (Official Gazette No. 41,815 of 5 February 2020). An important function of the Committee is to process and evaluate the requests for the Certificate of No National Production or Insufficient National Production, which implies greater efficiency in its issuance, set rates and payments for services rendered by the customs administration, increase or decrease customs duties, among other functions that were previously attributed to the National Executive.
  2. The possibility of applying a different rate to the Common External Tariff (AEC), even equal to 0% ad valorem, for the import of capital goods and IT and telecommunication goods, is included. For this purpose, the Certificate of Exoneration issued by the Committee must be obtained. The enforceability of Legal Regime No. 9 is waived for a period of one year from the entry into force of the Decree. It is important to point out that the value-added tax exoneration is eliminated for the definitive entry into the country of capital goods and IT and telecommunications goods.
  3. The nomenclature of certain subheadings, the legal regime and the Ad Valorem Tariff that applies to extra-zone goods ("Ad Valorem Ex AEC Tariff") are modified to certain subheadings of Article 37 of the Tariff, corresponding to the pharmaceutical sector, assigning them a tariff between 0% and 40%, in such a way that the AEC can be applied to the pharmaceutical economic item in a preferential and automatic way, representing an incentive to the pharmaceutical sector for the manufacture of finished products in the country. The Ad Valorem Ex AEC Tariff is reduced for 328 tariff subheadings, of which 261 correspond to the pharmaceutical sector. The Ad Valorem Ex AEC Tariff is also increased for 231 tariff subheadings. To consult the subheadings, click here.
  4. A new Complementary Note is included in Chapters 33, 34 and 38 of Article 37 of the Tariff, which requires compliance with the "Sanitary Regulations for the Registration and Control of Cleaning, Disinfection, Maintenance and Air Fresheners Products for Domestic and Industrial Use" for the nationalization of preparations for perfuming or deodorizing premises, non-cosmetic soaps and detergents, bleaches, stain removers, cleaners, dishwashers, fabric softeners, prewashing products, waxes, polishes and disinfectants.
  5. The Complementary Notes of Chapter 87 of Article 37 of the Tariff regarding the importation of vehicles, chassis with engine and body, year of manufacture and other import requirements for vehicles were modified and updated.
  6. The issuance of Qualifications of Imported Assembly Material for Vehicles is conditioned to the fact that the vehicles authorized in such qualifications contain at least 50% of national added value, duly authorized through a joint authorization with the People's Ministry of Economy and Finance.
  7. The Decree is effective as of the fifth business day of its publication in the Gazette.

We remain at your disposal if you require further details or explanations on the general aspects highlighted in this report, and for any related consultation.

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Click here to read the Spanish version.


1 Official Gazette No. 6,890 of 6 March 2025.

2 Official Gazette No. 6,804 of 25 April 2024.

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