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In brief

The National Executive issued Decree No. 4,622 of 9 December 2021,1 extends the validity of Decree No. 4,5252 on Optimization of Export Processes (“Decree“) for six months (i.e., until June 2022).

The purpose of the Decree is to optimize export processes by streamlining the certificates, permits and licenses required by public administration bodies and entities.


The most relevant aspects of the Decree are:

  1. Legal Regime 01

1.1 Waiver of the legal regimes for export set forth in Article 21 of Decree No. 2,647 of 30 December of 20163 (“Decree No. 2,647”), which establishes the customs tariffs of goods subject to Legal Regime No. 4 of the Ministry of Industry and National Production with the exception of those identified in Appendix I of the Decree

1.2 Tariff codes that will continue to be subject to Legal Regime 04 (Ministry of Industry and National Production permits) are:

                                                       Legal regime
Tariff codesImportExport
2914110000134
3102291000134
31029000107,134
3102900090134
381400200010,114,10
8544701000 4
8544702000124
8544703000124
8544709000124
  1. Legal Regime 14

2.1 Goods subject to Legal Regime No. 14 of the Ministry of Food, with the exception of those identified in Appendix I of the Decree, are waived from the legal regimes for export provided in Article 21 of Decree No. 2,647.

2.2 Tariff codes that will continue to be subject to Legal Regime 14 (Ministry of Food permits) are:

                                                       Legal regime
Tariff codesImportExport
04011010005,8,1214
04015010005,8,1214
07133311005,614
07133399005,614
10019900105,614
10019900905,614
10061091005,614
10064000005,614
12099100005,614
12129300005,614
15111000005,814
19023000005,1214
  1. Legal Regime 18

3.1 Goods subject to Legal Regime No. 18 of the Ministry of Fisheries and Aquaculture, with the exception of those identified in Appendix I of the Decree, are waived from the legal regimes for export provided for in Article 21 of Decree No. 2,647.

3.2 Tariff codes that will continue to be subject to Legal Regime 18 (Ministry of Fisheries and Aquaculture permits) are:

                                                       Legal regime
Tariff codesImportExport
03024300003,5,1818
03024500003,5,1818
03028100003,5,1818
03028100003,5,1818
03028100003,5,1818
03028100003,5,1818
03028100003,5,1818
03035300003,5,1818
  1. Authorization to export coffee and cocoa beans

4.1 The Decree waives the authorization for the export of cocoa beans and its by-products as well as that of coffee beans, as provided for in Chapter II, Section VI of Decree No. 2,292, which establishes Instructions on Simplification of the Procedures related to the Export of Non-Traditional Goods.4

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1 Decree No. 4,622 of 9 December 2021 (published in Official Gazette No. 42,273 on 9 December 2021).

2 Decree No. 4,525 of 9 June 2021 (published in Official Gazette No. 42,145 on 9 June 2021).

3 Decree No. 2,292, establishes Instructions on Simplification of the Procedures related to the Export of Non-Traditional Goods (published in Official Gazette No. 6,222 on 1 April 2016).

4 Decree No. 2,647 (published in Official Gazette No. 6,281 on 30 December 2016) establishes the ordering of goods in the Common Tariff Nomenclature of the MERCOSUR States Parties (NCM), which is based on the Harmonized Commodity Description and Coding System (HS) of the Customs Cooperation Council (CCA) – World Customs Organization (WCO).

Author

Manuel Marín has been with Baker McKenzie since 1998 and became partner in 2002. Prior to joining the Firm, he served as chief attorney of the tax division of Legislación Económica, and held varios management positions in the Venezuelan Customs and Tax Administration (SENIAT). Manuel has authored and co-authored various key publications and has spoken extensively in several customs and tax seminars and conferences. He has been a trade and customs professor in the advanced program for counseling and tax administration at the Universidad Metropolitana (UNIMET), and has given extension courses in the Universidad Central de Venezuela (UCV), the Universidad Católica Andres Bello (UCAB), and the Escuela Nacional de Administración y Hacienda Pública (ENAHP).

Author

Marie Roschelle Carolina Quintero Sabino is an associate in Baker McKenzie Caracas office.

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