Lens on Venezuela - Partial reform of the customs tariff regime

In Official Gazette No. 6,890 Extraordinary, dated March 6, 2025, Decree No. 5,103 of the same date was published, enacting the Partial Reform of Decree No. 4,944, dated April 24, 2024, which was published in Official Gazette No. 6,804 Extraordinary on the same date.

The Decree includes the following modifications:

  • Articles 8, 10, and 21 have been amended, which previously stated that the entity responsible for administering exemption certificates was the Ministry of Popular Power responsible for Industry. This responsibility has now been transferred to the Presidential Commission, which is now a permanent body named the “Foreign Trade Committee.”

  • Column 4 (Ad Valorem Tariff) of Article 37 has been modified, but only for the subheadings indicated in this article that pertain to the Pharmaceutical Sector. These subheadings will be subject to the Common External Tariff established in the Reform, which will be applied preferentially and immediately over the rate reflected in column 3 of the same article.

  • The nomenclature of the subheadings contained in column 2 (Description of Goods) and the Common External Tariff set forth in column 4 (Ad Valorem Tariff – Ex. CET) of Article 37, corresponding to the Pharmaceutical Sector, have been modified.

  • The nomenclature of the subheadings contained in column 2 (Description of Goods), the Common External Tariff in column 4 (Ad Valorem Tariff – Ex. CET), the Legal Import and Export Regime in columns 5 and 6, and the Physical Units in column 7 have been modified.

  • Column 5 (Legal Import Regime) of Article 37, which enacts the Customs Tariff, has been modified only for the subheadings indicated in the Reform. These subheadings will now be subject to the Legal Regime set forth in the Reform.

  • New Supplementary Notes have been added to Chapters 33, 34, 38, and 87 of Article 37, which enacts the Customs Tariff.

  • Supplementary Note 1 of Chapter 87 of Article 37, which enacts the Customs Tariff, has been modified.

  • Note 6 of Subchapter I of Chapter 98 of Article 37, which enacts the Customs Tariff, has been modified. This note concerns the importation of goods by legal entities whose economic activity pertains to the automotive sector. These entities may be eligible for exemption from the Common External Tariff specified in columns 3 or 4, as well as from Value Added Tax, in the cases provided for in the Reform. It is stated that the duration of the VAT exemption will be subject to the currently valid Decree on Customs Exemptions.

  • The issuance of Vehicle Assembly Material Certifications (MEIV) is now conditioned on authorized vehicles containing at least 50% national added value, duly validated through a joint authorization by the Foreign Trade Committee and the Ministry of Economy and Finance.

  • The requirement for Legal Regime 9, related to the “Permit from the Presidential Commission, now a permanent body named the ‘Foreign Trade Committee,'” is waived for a period of one year from the effective date of this Decree. However, this does not affect the provisions of Article 9 of the Reform. The Commission may extend this waiver.

This Decree will come into force five business days after its publication in the Official Gazette.

Nazione

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