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Manuel E. Marín Palavicini

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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).

The Ministry of Economy, Finance and Foreign Trade issued Resolution No. 001-20231 whereby it adds 64 tariff codes to Appendix I of the Decree No. 4,757 of 29 December 2022, establishing exemptions from the payment of value-added tax and import charges on imports of several goods.

The National Executive issued the Decree No. 4,766 on 9 January 2023, which extends the waivers of Legal Regimes for export until 9 June 2023. Said waivers were established on 9 June 2021 by the Decree No. 4,5252 regarding Optimization of Export Processes, which was extended until June 2022. The Decree established its validity as of 9 December 2022, having a retroactive effect.

The National Executive issued Decree No. 4,757 on 29 December 2022 which establishes exemptions from payment of VAT and customs duties for imports of various goods in Chapter II of the Decree. The Decree entered into force on 29 December 2022 and will apply the exemption benefits until 30 June 2023.

The Ministry of People’s Power of Economy, Finance and Foreign Trade issued Resolution No. 017-2022 on 30 August 2022 (“Resolution”), whereby tariff codes were removed from and added to Appendix I of Decree No. 4,683 of 1 May 2022 (“Decree”). The Decree established the exemption from the payment of value-added tax (VAT), customs duties and customs service fees for imports of certain goods and economic sectors until 31 December 2022.
The Resolution entered into force on 12 September 2022 (i.e., five business days following its publication in the Official Gazette of the Bolivarian Republic of Venezuela).

On 28 August 2022, Decree No. 4,7281 which partially reforms the MERCOSUR Common Nomenclature (NCM), went into effect in Venezuela. The Decree establishes a new sub-chapter in Chapter 98 of the NCM, “Imported Industrial Material for Productive Development”, which assigns a 0% ad valorem tariff to imports of authorized merchandise and exempts them from value-added tax. The duration of the exemption will be subject to the validity of the tax benefits established in the Decree of Customs Exemptions in accordance with Article 75 of the Organic Tax Code.

The National Executive issued Decree No. 4,683 on 1 May 2022 (“Decree”), which establishes exemptions from the payment of value-added tax, customs duties and customs service tariff for imports of various goods and merchandise in certain economic sectors.
The Decree entered into force on 1 May 2022 and will apply the exemption benefits until 31 December 2022.

Decree No. 4,630 of 14 January 20221 extends until 31 March 2022 the effect of all the exemptions of Decree No. 4,552 of 6 August 2021, which established exemptions from the payment of VAT, customs duties and customs service fees for certain categories of imported merchandise and economic sectors. We understand that the requirements to enjoy the benefits established in the Decree remain unchanged.