REFORM OF THE CUSTOMS TARIFF DATED JUNE 30, 2025
On June 30, 2025, Decree No. 5,147 was published in the extraordinary Official Gazette No. 6,918, which establishes an important reform of the Customs Tariff that affects various economic sectors. Broadly speaking, the following aspects were modified:
I. Import benefits regime for Capital Goods (BK), Information and Telecommunications (BIT):
– The Venezuelan Foreign Trade Committee (COMEX) is given the power to disqualify products classified as BK and BIT from enjoying benefits and to deny requests for exemption, in cases where the collection is affected as an effect of granting the benefit.
– In order to issue the certificate, the COMEX will evaluate: i) non-production or insufficient production, ii) that the good is classified as BK or BIT, iii) that the use corresponds to the development of the country; and iv) that the goods are adjusted to the economic activity of the company.
– The possibility of requesting the reduction of the Ad Valorem Tariff, up to 0%, for goods classified as BK and BIT in the Customs Tariff, is maintained, after obtaining the certificate issued by the Foreign Trade Committee “COMEX”, not extended to VAT.
II. Tariff rates: New Ad Valorem Tariffs are implemented through the application of Exceptions to the Common External Tariff (Ex. AEC), which -for the most part- tend to rise.
III. Legal Regime No. 9 “Permit of the Foreign Trade Committee”: It is incorporated into certain products, and its application is dispensed with at the time of importation for 30 days, counted from the entry into force of the Decree.
IV. National subheadings: New national subheadings are incorporated in heading 3004, corresponding to medicated medicines dosed or packaged for retail sale.
V. Cleaning and cleaning products: Preparations for perfuming or deodorizing of premises of heading 3307, non-cosmetic soaps and detergents, bleaches, stain removers, cleaners, dishwashers, fabric softeners, laundry products, waxes and polishes of heading 3401, 3402 and 3405, and disinfectants of heading 3808, must comply with special sanitary standards at the time of nationalization, when such products are packaged for retail sale.
VI. Automotive sector:
– The possibility of obtaining VAT exemption on the importation of goods included in headings 9801 to 9807 of Subchapter I “Parts, parts and components for the assembly of motor vehicles, motorcycles, tractors, tractors, tractors, trailers and semi-trailers” of Chapter 98 on “Goods subject to special tariff treatment of the customs tariff” is eliminated.
– Heading 9808 of the Subchapter I “Vehicles, chassis, bodies, trailers and semi trailers, fully assembled “CBU (COMPLETELY BUILT UP)”, of the type included in headings 87.01, 87.02, 87.03, 87.04, 87.05, 87.06, 87.07, 87.09 and 87.16” were deleted.”, and therefore the import is taxed with the Import Tax and VAT.
VII. Legal Regime No. 11 “Permit of the Ministry of People’s Power for Hydrocarbons”: It is provided that Legal Regime 11 will be processed through COMEX and the respective import or export permit will be issued, with the prior approval of the Ministry of People’s Power of Hydrocarbons, as well as the Technical Secretariat of COMEX.
VIII. SENCAMER: The application of the requirement of the SENCAMER Certificate (RL No. 20) to certain products of heading 3209 referring to “paints and varnishes” is suspended for a period of 180 days from the entry into force of the Decree in question.
IX. Validity: It entered into force 5 days after its publication in the Official Gazette.
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