by Raissa Havens
Federal Police Control
Ordinance No. 240/2019 defines the chemicals subject to control by the Federal Police. All products on the lists are subject to control on transactions above 1 gram or 1 milliliter, except those in List VII. The Ministry of the State of Justice published the Ordinance on March 14, 2019 in the Official Gazette (DOU). The document entered into force on June 12th of this year and repealed Ordinance No. 1.274/2003 and Ordinance No. 256/2018.
Individuals (performing rural production or scientific research activities) or legal entities must register with the Federal Police in order to obtain different control documents, such as the Registration Certificate, Operating License Certificate (CLF) and Special Authorization (AE), the forms for which are all available electronically. Additionally they must submit control maps every month to the Federal Police providing information regarding activities practiced with chemicals in the previous month (even if there was no activity with the respective chemicals during that period). Any type of operation such as production, use, offering for sale, processing, transportation, storage and reuse must be included in the control map.
The Federal Police will grant Prior Authorization (AP) for import, export or re-export of chemicals to those who hold valid CLF or AE documents. AP is valid for a period of 90 days from the date of grant.
The requirements do not apply to the listed chemical substances when they appear in products of the following types: medicines; certain hospital and clinic health and hygiene applications (when employed in the medical-hospital activity); sanitizing products; cosmetics; hygiene products; perfumery articles, fragrances and aromas; food and drinks; pesticides; fertilizers; glues and adhesives; paints, varnishes, resins, seals and sealants; reagent kits for teaching, research and diagnostic use. Additionally, the requirements do not apply to products which have been given a private technical opinion by the Federal Police, confirming products which do not have properties for direct or indirect use in the production of drugs, given their nature, concentration, appearance and physical condition or because it is not economically feasible to separate the controlled chemical components.
The Army Controlled Product Regulation, Decree 10.030/2019, regulates the manufacture, use, trade, import, export and transport of controlled products such as firearms, ammunition, and explosives – and additionally chemical products and precursors. The Decree was published on October 1st, 2019 in the Official Gazette (DOU) by the President of the Republic. It is mandatory for individuals and legal entities to register with the Army Command to conduct manufacturing, trade, import, export, use and provision of services of these products. Prior authorization by the Army Command is required for import, which may be granted electronically, through the issuance of an International Import Certificate (CII).
The reuse or recycling of these products or their residues, after their expiration date, must obey the provisions of Law No. 12,305, of August 2, 2010.
Registration is waived for individuals who use the products as fertilizer or inputs, as well as legal entities that sell or use pyrotechnic products.
The list of products can be found in the Ordinance COLOG 118/2019, which was published through the Ministry of Defense Logistic Command. The products are listed by type and product group to which they belong, according to the classification provided for in Annex II of Decree 10.030.
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- The controls from the Federal Police in accordance with Ordinance No. 240/2019, Annex I, Lists I – VII have been added to LOLI as List ID 8080 and 8082-8087.
- The Army Controlled Product Regulation, Decree 10.030/2019 has been added to LOLI as List ID 8178.
- For the products subject to control under the Civil Police, Ordinance 3 of August 7th, 2008 has been added to LOLI as List ID 8179.
Ministry of Defense. “List of Controlled Products by the Brazilian Army” 4 October 2019. Web. (Portaria COLOG 118, only available in Portuguese): http://www.siscomex.gov.br/wp-content/uploads/2019/10/Portaria-no-118-COLOG-de-4-Out-2019-Lista-de-PCE.pdf
Ministry of Justice and Public Security. “Procedures for control and inspection of chemicals by the Federal Police.” 14 March 2019. Web. 1 September 2019 (Portaria MJSP 240/2019, only available in Portuguese): http://www.pf.gov.br/servicos-pf/produtos-quimicos/legislacao/portaria-240.pdf
Presidency of the Republic. Deputy Head of Legal Affairs. “Controlled Products Regulation” (Decreto 10.030/2019, only available in Portuguese) http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2019/decreto/D10030.htm
Logistic commander. Administrative procedures for the granting, revalidation and cancellation of Army registration for activities with controlled products. Ordinance No. 56 COLOG of June 5th, 2017. (Portaria COLOG 56, only available in Portuguese): http://www.dfpc.eb.mil.br/phocadownload/Portarian56.pdf
Brazil, Ministry of Defense, Ministry of Justice and Public Security, Chemical Control.
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