The Council of the European Union on November 28, 2022, definitively approved the Corporate Sustainability Reporting Directive (hereinafter the “CSRD” or the “Directive”), already adopted at first reading on 10 November 2022 by the European Parliament1.
The CSRD is the cornerstone of the European Green Deal and the Sustainable Finance Agenda and part of a wider EU policy to commit companies to respect human rights and reduce their impact on the planet.
The Directive introduces more detailed reporting requirements on companies’ impact on the environment, human rights and social standards, extending the scope of application of the Non-Financial Reporting Directive (Directive 2014/95/EU, hereinafter the “NFRD”).
The CSRD, which will enter into force before the end of 2022, is the pivot of the European Union’s action on sustainable finance, aimed at pursuing the climate objectives of the Paris Agreements and the 2030 Agenda.
Through the CSRD, investors and consumers on the market will be allowed to benefit from better access to comparable, relevant and reliable information relating to sustainability with a consequent reduction of investment risks by companies that intend to direct financial flows to companies characterized by a greater degree of sustainability.
CRSD introduces relevant changes to the annual reporting process, and it will force companies to rethink their reporting. The sustainability declaration will be equated to the financial one and must be treated with the same degree of rigor. Companies will be subject to independent audits and certifications to ensure that the data provided is reliable.
In the Official Gazette No. 6,890 Extraordinary, dated March 6, 2025, Decree No. 5,104 of the same date (Customs Exemptions Decree - the “Decree”) was published, issued by the Presidency of the Republic. This Decree establishes import tax and value-added tax exemptions for the goods and sectors specified therein.
The exemptions established by the Decree are as follows:
A 90% exemption from Import Tax and a 90% exemption from Value-Added Tax is granted for the definitive importation of new or used tangible personal property classified under the tariff codes listed in Appendix I of the Decree. These imports must be carried out by agencies and entities of the National Public Administration or by natural or legal persons using their own resources. (Art. 3). This tax benefit applies automatically. Import Tax and Value-Added Tax are exempted for the definitive importation of tangible personal property classified under the tariff codes listed in Appendix II of the Decree, provided that the imports are carried out exclusively by the Ministry of Popular Power for Electric Energy or its affiliated agencies and entities. (Art. 4) Import Tax and Value-Added Tax are exempted for the definitive importation of tangible personal property classified under the tariff codes listed in Appendix III of the Decree, provided that the imports are carried out exclusively by the Ministry of Popular Power for Water Services or its affiliated agencies and entities. (Art. 5) Import Tax and Value-Added Tax are exempted for the definitive importation of tangible personal property classified under the tariff codes listed in Appendix IV of the Decree, provided that the imports are carried out exclusively by the Ministry of Popular Power for Ecological Mining Development or its affiliated agencies and entities, as well as those carried out exclusively by the Venezuelan Corporation of Guayana (CVG) or its affiliated companies. (Art. 6)The Decree states that, in order to benefit from the exemptions established in Chapter II (On Exemptions), beneficiaries must comply with the common requirements specified in Chapter III when registering their declaration. (Art. 7)
The exemption benefit provided in the Decree will apply as of the date of registration of the respective Customs Declaration for importation. (Art. 15)
Failure to comply with any of the conditions by the beneficiaries will result in the loss of the exemption benefit established in the Decree. In such cases, the imported goods subject to the benefit will be considered taxable, without prejudice to any applicable penalties. (Art. 16)
Likewise, the exemption benefit will be revoked for those who: (i) fail to comply with the periodic evaluation requirements established in Articles 13 and 14 of the Decree and the parameters set by SENIAT; (ii) fail to comply with the obligations established in the Constituent Decree enacting the Organic Tax Code and other tax regulations, as well as in the Organic Customs Law; (iii) fall under any of the cases specified in Article 177 of the Organic Customs Law. (Art. 17)
Without prejudice to the provisions of the Decree, the National Executive may issue the Certificate of No National Production (CNP) or the Certificate of Insufficient National Production (CPNI) in accordance with the Law on Value-Added Tax, even if the goods for which the certificate is issued are classified under one of the tariff codes contained in Appendix I of the Decree. (Art. 18)
The Minister responsible for economy, finance, and foreign trade may, by resolution, add or remove tariff codes from the Appendices of the Decree, as well as create or eliminate Appendices. (Art. 19)
The exemption benefits established in the Decree will apply from its effective date until June 30, 2025. (Art. 22)
Decree No. 5,071 of December 27, 2024, published in Official Gazette No. 6,869 Extraordinary of the same date, is repealed. (Art. 23)
The Decree came into effect five (5) business days after its publication in the Official Gazette.
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