CUSTOMS EXEMPTIONS IN FORCE UNTIL DECEMBER 31, 2026
On December 31, 2025, Decree No. 5,197 was published in Official Gazette No. 6,952 (Extraordinary), establishing general customs exemptions effective until December 31, 2026.
I. EXEMPTION SCHEMES
1. By Operation of Law (Pleno Derecho)
- A 90% exemption from Import Tax and a 90% exemption from Value Added Tax (VAT) on imports by the public and private sectors, pertaining to 1,351 tariff codes for various products included in Appendix I.
- This exemption is granted by the law. However, a permit from the Foreign Trade Committee “COMEX” (Legal Regime 9) is now required to carry out the nationalization (customs clearance) of the products listed in the Appendix I. This requirement will be enforceable 45 continuous days after the entry into force of this Exemption Decree.
2. Exemption from Import Tax and VAT applicable to imports carried out by the Ministry of People’s Power for Electric Energy or its attached bodies and entities, whose tariff codes are contained in Appendix II (548 tariff codes).
3. Exemption from Import Tax and VAT applicable to imports carried out by the Ministry of People’s Power for Water Management or its attached bodies and entities, whose tariff codes are included in Appendix III (292 tariff codes).
4. Exemption from Import Tax and VAT applicable to imports carried out by the Ministry of People’s Power for Ecological Mining Development or its attached bodies and entities; as well as those carried out exclusively by the Venezuelan Guayana Corporation (CVG) or its attached companies, whose tariff codes are included in Appendix IV (318 tariff codes).
5. Exemption applicable to certain products imported by the Socialist Cement Corporation (CSC) and its attached companies (5 tariff codes).
2. Mandatory Requirements: Upon filing the customs declaration (DUA), beneficiaries must present the following to the Customs Authority:
- A descriptive list of the goods.
- A commercial invoice issued in the name of the beneficiary acquiring the goods.
- Applicable legal regimes for the type of product as established by the Customs Tariff (i.e., permits, registries, certificates, or licenses).
- In the case of products listed in Appendix I, the COMEX permit (Legal Regime 9) is required.
In accordance with the Organic Customs Law (LOA), the benefit must be applied as of the registration date of the import DUA.
7. Forfeiture of Benefit: Beneficiaries who do not comply with the conditions set forth in the Decree shall lose the benefit. Consequently, the imports will be considered taxable, without prejudice to the penalties applicable in accordance with the Organic Tax Code (COT) and the Organic Customs Law (LOA).
Likewise, the benefit will be forfeited by those who fail to comply with periodic evaluations according to the parameters of SENIAT (Integrated Management of Customs and Tax Administration), and in general, those who fail to comply with the obligations established in the COT and the LOA, specifically Article 177 regarding “Infractions committed in connection with the declaration of goods at customs.”
8. Inclusion and Exclusion of Tariff Codes: The Ministry of People’s Power for Economy and Finance (MPPEF) may, by means of a Resolution, include or exclude products, as well as create new Appendices to the Decree, in accordance with the guidelines of the National Executive.
9. Validity: This Decree shall remain in effect for one (1) year, starting from its date of publication in the Official Gazette.
Contacts:
LEĜA Abogados
infolaw@lega.law
+58 (212) 277.22.00
www.lega.law
Yelitza Suárez
ysuarez@lega.law
+58 (0212) 277 2263
Luzmely Rey
lrey@lega.law
+58 (0212) 277 2245
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