One more change in REPETRO

Restriction on the use in the transitional stage

Regulatory Instruction RFB 1,802 / 2018 published on 03/28/2018, which brought new amendments to Normative Instruction 1,415 / 2013, in order to restrict the scope of application of the “old REPETRO” to new imports during the transition period established for the year 2018.

Annex I of IN 1.415 / 2013, which lists the goods subject to REPETRO under the “old REPETRO”, has been revoked and replaced by a much shorter list, composed only of:

• machinery, apparatus, instruments and equipment with a unitary customs value of more than US $ 25,000.00 (twenty-five thousand dollars) for exploration, evaluation, development and production of oil, natural gas and other fluid hydrocarbons (except subsea equipment, pipelines, lines and tubes);
• parts and pieces to be incorporated into the items listed above, or intended to ensure their operability;
• tools used directly in the maintenance of the machines, apparatus, instruments and equipment listed above; and
• parts and pieces of vessels or platforms already admitted to REPETRO.

Accordingly, importation under the “old REPETRO” will not be allowed, even during the transition period that extends until 31/12/2018, from:

• submarine equipment, pipelines, lines and pipes, items which, in general, are subject to the permanent modality of REPETRO-Sped;
• and of vessels and / or platforms, in general, that will already have to be imported under REPETRO-Sped throughout 2018.

As for the other items that were mentioned in the former Annex I of IN 1.415 / 2013, which are not included in the new annex (as is the case of vehicles assembled with machines, apparatus, instruments, tools and equipment intended for exploration, evaluation, development and production, and structures specially designed to support platforms and enable the production of oil in shallow water), we believe that they remain eligible for import under the “old REPETRO”, provided that (i) apparatus, instruments and equipment that remain subject to the regime, (ii) that are necessary to ensure its operability, or (iii) that can be considered as parts or parts of the vessels and / or platforms subject to the regime.

It is important to make it clear that the restrictions described above apply to new imports that wish to benefit from REPETRO, based on IN 1415/2013 (“old REPETRO”), and do not have an impact on goods that have already been imported under such a regime, which may be held under it until the deadline of 12/31/2020.

Source: Vieira Rezende