Member States on the feasibility and scope of options to establish common international standards for the
▼ Figure 5: PNEI PRODE process182
import, export and transfer of goods used for capital punishment, torture or other cruel, inhuman or degrading
treatment or punishment.
Preliminary Negotiations
In addition to its recent engagement with and support for international initiatives aimed at strengthening trade
import of law enforcement equipment151. In 2018, the Brazilian government published Decree No. 9607/2018,
which established a new National Policy for the Export and Import of Defence Products - Política Nacional
Company
controls, Brazil has also taken steps to significantly reform its domestic regulations governing the export and
2 year deadline
de Exportação e Importação de Produtos de Defesa (PNEIPRODE)152. According to the Decree, the new
Request for
preliminary
negotiations
Export Request
Request
export
license
Receive
authorisation
for preliminary
negotiations
Registration Of Export
2 year deadline
Receive
authorisation
export
Submit
export
registration
(RE)
policy, which replaces PNENEM, is intended to ‘control exports and imports of defence products, promote exports
conventional arms and their diversion’153.
Article 4, of the policy, defines a ‘product of defence’, as “any good, service, work or information, including
weapons, ammunition, transportation and communications, uniforms and individual and collective use of
materials used in the final activities of defence, with the exception of administrative use”. In practical terms,
this means that the list covers conventional weapons and military equipment as well as certain types of law
Foreign Ministry
of these products, develop the defence industrial base in Brazil and prevent and eliminate illicit trafficking in
Receive
preliminary
request
Assess
request
Authorise
negotiations
Receive export
license request
Receive and
analyse
documentation
Issue opinion
enforcement and security equipment, including, ‘Firearms (less than .50 or 12 GA or 12.7 mm)’, ‘incapacitating
categories of equipment controlled by the regulation are provided in a list of defence products - Lista de
Produtos de Defesa (LiPRODE) published by Secretaria de Produtos de Defesa (SEPROD).
Under the rules of PNEIPRODE, the export of products included on the list are controlled in two stages. Firstly,
companies are required to apply for authorization to enter into ‘preliminary negotiations’ (NegPrel) with foreign
buyers155. These authorisations are valid for a period of two years from the date of issuance and may be
Ministry of Defence
electric weapons’ and ‘less lethal ammunition launchers equal to or greater than 40mm’154. Details of all
Analyse and
process request
Authorise
Export
withdrawn at any time if the government determines that circumstances have changed156. Once a sale has been
agreed, companies will then be permitted to apply for an export license (PEx).
Within the framework of PNEIPRODE, the Ministry of Foreign Affairs is responsible for receiving and authorizing
preliminary export negotiation requests for defence products, forwarding prior notification to the United Nations
Security Council, when necessary, and identifying opportunities to promote Brazilian companies and products157.
international import certificates, and analyzing the fulfilment of commitments assumed159. Finally, the Ministry of
Defence is also responsible for defining and updating the LIPRODE160 and establishing administrative sanctions
and penalties to be applied in the case of non-compliance with the regulation by exporters or importers161.
The Ministry is also responsible for advising the Ministry of Defence concerning the appropriateness of particular
When considering requests for preliminary negotiations and export licenses, the policy states that the Ministries
transfers from the point of view of Brazil’s foreign relations.
of Defence and Foreign Affairs should take into consideration a broad range of criteria. These include the
Ultimate responsibility for deciding whether or not to grant export licenses lies with the Ministry of Defence158.
According to the policy, the Ministry is responsible for assessing exports and imports of controlled goods from
the perspective of ‘national defence and security, the preservation or transfer of indigenous technology and
the promotion of the Defence Industrial Base’. Additional responsibilities of the Ministry of Defence under the
policy include, “defining the parameters, standards and models to be adopted with regard to end-user and
56
existence of embargoes applied by the United Nations Security Council; the possibility that armaments may
be used in acts of genocide, crimes against humanity or war crimes; the possibility of weapons being used
to facilitate violations of human rights or international humanitarian law; and the risk that the weapons will
be diverted. Furthermore, according to the text of the decree, all exports to private organizations abroad will
only be allowed when they ‘offer guarantees considered legal and satisfactory by the Brazilian Government
regarding the purpose of the import’162. At a minimum, these must include an end-user certificate (CUF)163 and
57
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents