Brazil — Export Controls

Brazil's export control regime for sensitive goods is established by Law No. 9112 of 10 October 1995 (Lei No. 9.112/95). Article 1 states that the law governs exports of "sensitive goods" (bens sensíveis) and services directly related to such goods. Sensitive goods are defined under Article 1, paragraph 1 as:

• goods with military applications (bens de aplicação bélica);
• dual-use goods (bens de uso duplo); and
• goods for use in nuclear, chemical, and biological sectors.

Article 2 directs that controlled items be compiled in Lists of Sensitive Goods (Listas de Bens Sensíveis), published in the Federal Government Gazette (Diário Oficial da União). Article 3 establishes the licensing procedures, specifying that exports of sensitive goods and related services require prior authorization from the competent federal entities.

Interministerial Commission on Controlling Exports of Sensitive Goods (Comissão Interministerial de Controle de Exportação de Bens Sensíveis) is established under Article 4, placed within the Office of the President. A subsequent amendment under Medida Provisória No. 2.229-43 (2001) transferred coordination to the Ministry of Science and Technology (now the Ministry of Science, Technology, and Innovation, or MCTI). Article 5 specifies that the Commission is composed of representatives from federal bodies involved in the export control process and assigns it three main functions:

1. proposing regulations, criteria, procedures, and control mechanisms for export of sensitive goods;
2. drafting, updating, and publishing the Lists of Sensitive Goods; and
3. applying administrative penalties under Article 6.

Article 5, paragraph 1 directs the Commission to observe (i) the interests of foreign policy, national defense, technological capacity, and foreign trade, and (ii) international treaties and commitments to which Brazil is a party.

Article 8 designates the Ministry of Defense as the supervisory authority for all licensing procedures concerning exports of defense goods. Article 3 grants the competent federal entities discretion to extend export controls to other goods or services not explicitly listed, provided they are deemed to contribute to the development, production, or use of weapons of mass destruction (nuclear, chemical, or biological) or their delivery systems.

Penalties for violations of Law 9112 and its implementing regulations are set out in Article 6:

• written warning (for minor infractions);
• fines ranging from 10 to 200% of the value of the exported goods;
• suspension of export authorization;
• confiscation of the goods; and
• permanent revocation of the exporter's accreditation to engage in foreign trade (for recidivists).

Article 6, paragraph 1 states that warnings apply for infractions of minor relevance that do not justify a more severe penalty. Penalties under Article 6(II)–(V) may be applied cumulatively, and Article 6, paragraph 3 requires a concluded administrative proceeding with due process before penalties are imposed.

For general (non-sensitive) exports, the principal administrative regulation is SECEX Ordinance No. 23 of 14 July 2011, which consolidates procedures for foreign trade operations. According to the U.S. Bureau of Industry and Security, Brazil participates in the Missile Technology Control Regime and the Nuclear Suppliers Group, and implements controls for items subject to the Chemical Weapons Convention, scheduled chemicals, and certain biological items and munitions on national control lists. Day-to-day dual-use export licensing is administered by MCTI; munitions licensing is handled by the Ministry of Defense; and broader trade licensing and export clearance processes operate through SISCOMEX, Brazil's automated foreign-trade platform.

Source: Lei No. 9.112, de 10 de Outubro de 1995 Source: Brazil Export Control Information, Bureau of Industry and Security, U.S. Department of Commerce

Brazil maintains four separate Lists of Sensitive Goods (Listas de Bens Sensíveis) for the nuclear, chemical, biological, and missile areas. These are developed and published by the Interministerial Commission on Controlling Exports of Sensitive Goods (CIBES) under Law No. 9.112/1995, Article 2 and Article 5. The lists are aligned with Brazil's obligations under international nonproliferation treaties and regimes, including the Nuclear Suppliers Group (NSG), Chemical Weapons Convention (CWC), Australia Group, and Missile Technology Control Regime (MTCR).

Legislative framework and list publication:

• Article 2 of Law 9.112/1995 assigns CIBES the authority to draft and update the Sensitive Goods Lists, publishing them in the Diário Oficial da União.
• Article 5, paragraph 1, requires international alignment where Brazil is a treaty party.

Sector breakdown and most recent list updates:

• Nuclear: List last formally updated by CIBES Resolution No. 23/2014, implementing NSG controls, published by MCTI Ordinance No. 1405/2014.
• Chemical: Controlled chemicals updated by CIBES Resolution No. 29/2020 (CWC), and dual-use production equipment by CIBES Resolution No. 30/2020.
• Biological: List of biological goods controlled by CIBES Resolution No. 13/2010, based on the Australia Group.
• Missile: Missile-related goods covered by CIBES Resolution No. 37/2021, implementing MTCR, and further amended by CIBES Resolutions 40/2025 and 41/2025 (NCM codes and Portal Único requirements).

NCM code linkage and recent regulatory change:

• From April 2025, CIBES Resolutions No. 40 and 41 require that certain goods and NCM codes are registered through the LPCO module of the Single Foreign Trade Portal (Portal Único de Comércio Exterior) as a condition for export.
• Material change (May 2026): With effect from May 2026, CIBES Resolution No. 44 of 4 May 2026 further amends the system: it now requires that licenses (LPCO) for exports of sensitive goods include prior registration in SISCOMEX before shipment, fixes license validity periods, permits multi-declaration use within a defined volume or value, and strengthens auditing and quantity/value control procedures. These new requirements directly impact procedural compliance for all four control areas. Exporters must ensure strict adherence to these updated procedures from May 2026 onward.

Enforcement and update mechanism:

• CIBES, coordinated by the Ministry of Science, Technology, and Innovation (MCTI), continues to maintain, update, and align control lists and related procedures pursuant to Law 9.112/1995 and its resolutions.

Summary: Brazil continues to maintain and regularly update four sectoral lists of sensitive goods, enforcing international alignment. As of May 2026, the additional procedural requirements of CIBES Resolution No. 44 are in force and must be observed for all registrations, licenses, and audits.

Source: Lei No. 9.112, de 10 de Outubro de 1995 Source: CIBES Resolution No. 23 of 18 November 2014, published by MCTI Ordinance No. 1405 of 29 December 2014 Source: CIBES Resolution No. 29 of 14 October 2020 Source: CIBES Resolution No. 13 of 10 March 2010 Source: CIBES Resolution No. 37 of 14 December 2021 Source: CIBES Resolution No. 40 of 28 April 2025 Source: CIBES Resolution No. 41 of 28 April 2025 Source: CIBES Resolution No. 44 of 4 May 2026 Source: Brazil Sensitive Goods Control page, MCTI

Prior authorization and recent regulatory overhaul. Export of sensitive goods in Brazil is governed by Law No. 9.112/1995, which requires prior authorization from the competent federal authority for all items on the four CIBES control lists (nuclear, chemical, biological, and missile sectors) and related services. Export licensing procedure for these items is coordinated by the Ministry of Science, Technology, and Innovation (MCTI) through the Coordenação-Geral de Bens Sensíveis (CGBS) acting as CIBES Secretariat.

Regulatory overhaul (2025–2026):

• Decree No. 12.431 of April 11, 2025 repealed the prior regulatory Decree 1.861/1996, introducing a new legal foundation and harmonizing export controls for sensitive goods and related procedures with international standards. Practitioners must now reference Decree 12.431/2025 in lieu of the repealed regime.
• CIBES Resolução No. 40 of April 30, 2025 and subsequent CIBES Resolução No. 44 of May 4, 2026 have materially changed procedural requirements. All exports of tangible sensitive goods (across all four control areas) must register an LPCO (Licenças, Permissões, Certificados e Outros Documentos) in the Portal Único de Comércio Exterior (SISCOMEX) as a precondition for customs clearance. The Resolutions specify:
• Preregistration in SISCOMEX is mandatory before shipment.
• Fixed validity periods for licenses, with multi-use license options subject to volume/value constraints.
• Enhanced auditing and CNPJ/entity linkage for accountability.
• Immediate effect for most goods as of May 2026.
• MCTI Portaria No. 9.047 of March 19, 2025 establishes detailed procedural steps, documentation standards, and sector-specific requirements for LPCO applications for items on the CIBES lists.
• Siscomex Exportação Bulletin No. 011/2025 (effective July 26, 2025) introduces an explicit LPCO requirement for NCM 93069090 and carve-out for clear defense-related articles. Practitioners must confirm item categorization and be aware of sectoral splits in procedure between defense and dual-use regimes.

Sectoral export directives. Each CIBES sector (nuclear, chemical, biological, missile) continues to implement its own export directives (set by sectoral Resoluções), which are updated to conform to the new regulatory and LPCO/Portal Único requirements as amended in late 2025–2026. Exporters must consult both the general regime and the relevant area-specific directive in preparing any license application.

Decision authority, timelines, and escalation. Decision authority rests with the CGBS/MCTI, which may escalate complex or sensitive matters to the full CIBES or, ultimately, the President. CIBES Resolução No. 43 (2025) establishes uniform 30-day review deadlines (extendible by 30 days) for interagency consultation in export authorization processes.

Validity and compliance. License validity periods are now fixed under CIBES Res. 44/2026 (typically two years, but shorter for certain materials). Multi-declaration use is now explicitly authorized as long as value/volume thresholds are observed, and all original application documentation must be maintained for compliance checks.

Material update: This section is fully updated as of June 2026 to incorporate the repeal of Decree 1.861/1996, the entry into force of Decree 12.431/2025, the effective dates and requirements of CIBES Resoluções Nos. 40/2025, 43/2025, and 44/2026, current MCTI Portaria for LPCO mechanics, and the July 2025 Siscomex bulletin introducing new NCM-specific coverage.

Statutory grant of discretionary authority. Article 3 of Law No. 9112/1995 grants the competent federal entities (entidades federais competentes) discretionary power to extend export controls to goods and services that are not listed on the four published Sensitive Goods Lists (nuclear, chemical, biological, and missile) when such goods or services are deemed to contribute to the development, production, or use of weapons of mass destruction or their delivery systems.

Article 3 provides that "as entidades federais competentes poderão estender o controle de exportação a outros bens ou serviços não relacionados, desde que considerem que possam contribuir para o desenvolvimento, produção ou uso de armas nucleares, químicas ou biológicas ou de seus vetores" — the competent federal entities may extend export control to other goods or services not listed, provided they deem that such goods or services may contribute to the development, production, or use of nuclear, chemical, or biological weapons or their delivery systems. The statute does not define "contribute" or specify what circumstances trigger the catch-all control, nor does it enumerate categories of goods or end-uses that are presumptively covered. The determination is left to the discretion of the competent authorities.

Responsible authorities. Article 8 of Law 9112 designates the Ministry of Defense as the supervisory authority (autoridade supervisora) for all licensing procedures concerning exports of defense goods (bens de natureza militar). For dual-use goods in the nuclear, chemical, biological, and missile areas, the Ministry of Science, Technology, and Innovation (MCTI), acting through the Coordenação-Geral de Bens Sensíveis (CGBS), administers the licensing process under the authority delegated by the Interministerial Commission on Controlling Exports of Sensitive Goods (CIBES). Article 3 itself does not specify which agency exercises catch-all authority for a given unlisted item; the designation depends on whether the good in question is characterized as a defense article (Ministry of Defense jurisdiction) or a dual-use item (MCTI jurisdiction).

No published catch-all list or triggering criteria. Law 9112 does not require CIBES or the competent federal authorities to publish a list of countries, entities, or end-uses that automatically invoke catch-all licensing, nor does it establish public notification procedures for exporters. The statute is silent on the evidentiary standard ("deemed to contribute") and on the procedures by which an exporter is informed that a proposed export of an unlisted good requires authorization under Article 3. In practice, exporters of unlisted goods may become subject to catch-all controls through inquiry by MCTI or the Ministry of Defense during pre-export due diligence, during review of an export declaration filed in SISCOMEX, or upon receipt of intelligence or information from an international partner government; however, these operational details are not prescribed by Law 9112 itself.

Licensing procedure for unlisted goods subject to catch-all. Article 3 requires "prior authorization" (autorização prévia) from the competent federal entities for goods subject to catch-all controls, but it does not specify the documentation, timeline, or review process for such authorizations. The statute does not cross-reference the detailed licensing procedures set forth in the area-specific CIBES resolutions (Resolutions No. 28, 32, 36, and 39, as amended), which govern exports of listed sensitive goods. Absent published implementing regulations specific to catch-all licensing, it is unclear whether the same documentary requirements (end-use certificates, commercial contracts, preliminary negotiation authorizations) apply to unlisted goods, or whether MCTI and the Ministry of Defense exercise full discretion to tailor the authorization process to the particular transaction. As of June 2026, CIBES has not published a general directive on catch-all controls analogous to the sectoral directives for listed goods.

Intersection with international commitments. Article 5, paragraph 1 of Law 9112 directs CIBES to observe (i) the interests of foreign policy, national defense, technological capacity, and foreign trade, and (ii) the international treaties and commitments to which Brazil is a party, when drafting regulations and exercising its licensing authority. Brazil is a party to the Treaty on the Non-Proliferation of Nuclear Weapons, the Chemical Weapons Convention (promulgated by Decree No. 2977 of 1 March 1999), and the Biological Weapons Convention, and is a member of the Nuclear Suppliers Group and the Missile Technology Control Regime. United Nations Security Council Resolution 1540 (2004) obligates all states to establish and enforce effective export controls to prevent the proliferation of nuclear, chemical, and biological weapons and their means of delivery, including by controlling related materials. The catch-all provision in Article 3 implements this obligation for Brazil, enabling the competent authorities to control unlisted goods that may support WMD programs even when those goods do not meet the technical parameters of the published control lists.

Penalties. Article 6 of Law 9112 provides that export of sensitive goods or directly related services "in violation of this Law and its implementing regulations" (em violação ao disposto nesta Lei e em suas normas reguladoras) subjects the violator to administrative penalties including written warning (for minor infractions), fines of 10 to 200% of the value of the exported goods, suspension of export authorization, confiscation of the goods, and permanent revocation of the exporter's accreditation to engage in foreign trade (for recidivists). Article 6, paragraph 3 requires that penalties be imposed only after a concluded administrative proceeding with due process (depois de concluda a apuração de responsabilidades em processo administrativo no qual se assegure amplo direito de defesa). The statute does not create a separate penalty regime for catch-all violations; a violation of a catch-all licensing requirement imposed under Article 3 is subject to the same penalty structure as a violation involving listed goods.

Source: Lei No. 9.112, de 10 de Outubro de 1995

Brazil operates two parallel export-control regimes: while the Ministry of Science, Technology, and Innovation (MCTI) administers dual-use controls under Law No. 9112/1995 for nuclear, chemical, biological, and missile goods, the Ministry of Defense (Ministério da Defesa) separately administers export and import licensing for defense products (Produtos de Defesa, "Prode"). Article 8 of Law 9112 designates the Ministry of Defense as the supervisory authority over all licensing procedures concerning exports of goods of military nature (bens de natureza militar).

Legal Framework and LIPRODE Update: The central regulatory basis is Decreto No. 9.607 of 12 December 2018, which establishes the Política Nacional de Exportação e Importação de Produtos de Defesa (PNEI-PRODE, National Policy on Export and Import of Defense Products). Article 1 establishes the policy framework, and Article 4 defines key implementing bodies. Of particular importance, Article 4, item XI, establishes the Lista de Produtos de Defesa (LIPRODE) as the comprehensive list of defense products subject to this regime. LIPRODE encompasses firearms, munitions, critical parts, and selected technologies, organized by category and Mercosur Common Nomenclature (NCM) tariff codes.

Material Change — New LIPRODE in Force (December 2024): The most recent LIPRODE list is now governed by Portaria SEPROD/SG-MD No. 5.657 of 11 December 2024, which was published in the Diário Oficial da União on 16 December 2024 and entered into force immediately upon publication. This Portaria revokes the prior Portaria SEPROD/SG-MD No. 6.081/2022 and brings an updated, reorganized product list and assignments of control levels. Exporters must now reference the 2024 LIPRODE list, and all authorizations (export or import) for defense products must use the designations from the updated list. Failure to comply with these updated provisions exposes exporters to administrative penalties as outlined in Decreto 9607/2018 and associated Ministry of Defense regulations.

Licensing and Procedure: Analysis and authorization of exports and imports for all LIPRODE-listed items are handled by the Secretaria de Produtos de Defesa (SEPROD) within the Ministry of Defense. Depending on the assigned control level in the updated LIPRODE, some products require only a direct export license request, while others continue to require a preliminary negotiation phase with the Ministry of Foreign Affairs and compliance with end-use and end-user certification procedures.

Exporters’ obligations and overlap with CIBES: Exporters of goods that are subject to both CIBES (for dual-use or WMD-related applications) and LIPRODE are required to obtain concurrent authorizations. The new Portaria clarifies item categorization and supporting documentation standards but does not eliminate this dual jurisdiction. Temporary export procedures, Siscade (exporter cataloguing), and re-export controls remain unchanged in the 2024 update pending further Ministry of Defense publication.

This section is reaffirmed as of June 2026 with a repaired, primary-authority direct source URL for Portaria SEPROD/SG-MD No. 5.657/2024, as published by the Ministério da Defesa.

Source: Decreto No. 9.607, de 12 de Dezembro de 2018 Source: Portaria SEPROD/SG-MD No. 5.657, de 11 de Dezembro de 2024 (official legal acts listing, Ministério da Defesa) Source: Lei No. 9.112, de 10 de Outubro de 1995, Art. 8

Transit, re-export, and brokering concepts. Transit refers to the passage of controlled goods through Brazil's customs territory en route to a final destination in another country. Re-export describes the export of goods that have previously entered Brazil, possibly with or without substantive alteration. Brokering encompasses arranging or facilitating the transfer of controlled goods, technology, or services between two third countries, often by a Brazilian national or legal entity. Many export control jurisdictions impose controls on one or all of these transaction types to prevent circumvention of licensing requirements and to fulfill international obligations (such as U.N. Security Council Resolution 1540).

Brazilian statute: silence and inferred scope. Law No. 9.112/1995 (Lei dos Bens Sensíveis) is the foundational statute for the export of sensitive goods (bens sensíveis), dual-use goods, and defense articles. Reviewing Articles 1–8, including the powers granted to the Interministerial Commission on Controlling Exports of Sensitive Goods (CIBES) and the Ministry of Defense's defense export regime (LIPRODE), reveals that Brazilian primary legislation does not expressly address the control of transit, re-export, or brokering of listed sensitive goods and technologies as of June 2026. Law 9.112/1995 mandates licensing for direct "exports" (exportação) of listed and unlisted sensitive goods, but neither the statute nor major CIBES resolutions define or regulate transit shipments, re-exports departing from Brazil, or brokering by Brazilian persons of foreign-to-foreign transfers.

International undertakings; regulatory gap. While Brazil is a party to nonproliferation treaties (e.g., the Chemical Weapons Convention, MTCR, NSG) and is obliged under UNSC Res. 1540 to maintain effective export controls including over transit, re-export, and brokering, there are no dedicated published provisions (as of June 2026) in Law 9.112/1995, Decreto No. 9607/2018 (LIPRODE), or major CIBES resolutions that set out explicit procedures, notification triggers, or licensing standards for these transaction types. Regulatory guidance from the Secretaria de Produtos de Defesa (SEPROD) and the Ministry of Science, Technology, and Innovation (MCTI) focuses on direct exports from the national territory, leaving the application of controls to cases of transit, re-export, or brokering either unaddressed or possibly subject to discretionary extension via the catch-all controls of Article 3 for WMD-related end-uses.

Practical risk. In practice, the absence of published regulatory guidance means transit shipments passing through Brazilian territory, as well as re-export or brokering activities by Brazilian persons acting abroad, are not subject to systematic licensing or notification by default. However, should authorities determine that a particular shipment or transaction could be contributing to WMD proliferation or is otherwise subject to Brazil's international undertakings, a discretionary case-by-case extension of controls under Article 3 may occur.

No dedicated brokering license or transit authorization. As of June 2026, Brazil does not operate a specific brokering license, transit authorization, or formal re-export permitting system for sensitive goods under current published law and regulation.

Unable to confirm as of 2026-06-15.

Source: Lei No. 9.112, de 10 de Outubro de 1995 Source: Decreto No. 9.607, de 12 de Dezembro de 2018

Exporter obligations — updates as of May 2026 (CIBES Resolução nº 44/2026)

As of May 2026, Brazilian exporter recordkeeping and compliance obligations for sensitive goods are subject to new requirements instituted by CIBES Resolução nº 44, de 4 de maio de 2026. These changes amend and supplement the longstanding framework of Lei No. 9.112/1995 and prior CIBES resolutions—specifically Res. 40/2025 and 41/2025. The new rules apply to all sectors governed by CIBES (nuclear, chemical, biological, missile) and must be strictly observed for licenses granted from May 2026 onward.

Key Changes under CIBES Resolução nº 44/2026

• LPCO Preregistration: Exporters must obtain prior registration of the relevant Licença, Permissão, Certificado ou Outro Documento (LPCO) in SISCOMEX for each export operation before goods may be shipped. This requirement formalizes preregistration as a legal precondition, regardless of prior practice.
• Validity and Multi-use Licensing: Export licenses now have fixed validity periods: typically 2 years for durable goods and 180 days for chemicals, as per the new resolution. The LPCO may cover multiple export declarations within specified volume or value limits.
• Enhanced Auditing and Recordkeeping: The new rules strengthen controls on auditing. Exporters must maintain full documentation for all LPCO-covered transactions (including technical descriptions, commercial contracts, end-use certificates, and supporting forms) for the duration of the license’s validity and as required for administrative checks. Submission of these documents remains mandatory for each license application and upon demand in compliance reviews.
• CNPJ Linkage: The export license and all supporting documentation must be linked to a single CNPJ (company tax registration), further formalizing accountability.
• Penalties for noncompliance: Failure to comply exposes exporters to penalty proceedings under Article 6 of Lei 9.112/1995, including fines, suspension, and revocation of export authorizations. All sanctions require completed administrative proceedings with due process as per Article 6, §3.

No express ICP/self-audit requirement: There remains—despite these updates—no express legal requirement for exporters to implement an internal compliance program (ICP), self-audit regimen, or automatically conduct trainings. Recordkeeping, however, is now both a procedural and audit obligation per Resolução nº 44/2026.

These updated obligations apply to LPCO license applications, supporting transactions, and compliance documentation for all goods listed on the published CIBES sensitive-goods lists, effective May 2026.

Source: Lei No. 9.112, de 10 de Outubro de 1995 Source: CIBES Resolução nº 44, de 4 de maio de 2026

Army-controlled products (Produtos Controlados pelo Exército – PCE) include firearms, ammunition, explosives, dual-use goods of strategic military application, and select defense technologies. Export of PCE is regulated under Lei nº 10.826/2003 (Estatuto do Desarmamento), with the operational licensing process set by Decreto nº 9.847/2019 (arts. 43–44), requiring prior authorization from the Comando do Exército (Brazilian Army Command) for all international movements, whether permanent or temporary.

Statutory requirement and Army licensing authority Exporters must obtain an Army export license before any customs action—customs clearance by Receita Federal cannot proceed without this approval. The competent authority is the Army’s Directorate of Controlled Products (DFPC). The exporter applies through SISCOMEX, following details established in Portaria nº 1.729/2019 (not fully available in the public domain—cited via summary in relevant consultation documents) and subsequent Army act.

LPCO registration and supporting documents Current regulations and practice require the exporter to register the export operation in the LPCO (Licenças, Permissões, Certificados e Outros Documentos) module of SISCOMEX. The exporter typically must submit:

• Army technical classification report (RETEx), confirming the good is a PCE and its export code;
• contract or commercial invoice;
• foreign buyer's import license or end-user certificate, when requested;
• proof of compliance with tax and registration requirements.

The exact supporting documents required in SISCOMEX may depend on the specific product and are set by Army ordinance.

Review process and possible proposed updates DFPC reviews the application, assesses the destination country, end use, and security risks. The color-band review system (verde/amarela/vermelha—green/yellow/red)—specifying different levels of documentary and inspection requirements—is under review and subject to proposed revision in Consulta Pública nº 01/2025, not yet law as of June 2026. Aspects such as required background checks or pre-export on-site inspections may enter into force only following adoption of an updated ordinance; practitioners should monitor Army and Receita Federal communications for changes.

Export without Army LPCO authorization is prohibited and may result in seizure, denial of customs clearance, fines, and criminal liability under arts. 17–18 of Lei 10.826/2003, with penalties escalating for more severe infractions.

Source: Decreto nº 9.847, de 25 de junho de 2019, arts. 43–44 Source: Consulta Pública nº 01/2025 sobre revisão da Portaria nº 1.729/2019 Source: Lei nº 10.826/2003 (Estatuto do Desarmamento)

End-use and end-user screening — statutory duties Brazilian export control law requires exporters of sensitive goods (nuclear, chemical, biological, missile, and defense items) to obtain prior authorization for outbound shipments, with the competent federal authority reviewing the stated end-use and end-user as part of license assessment. This obligation is grounded in Article 3 of Law No. 9.112/1995, which covers all listed sectors but does not specify what form end-use or end-user information must take for exports. Instead, the practical requirements for documentation and diligence are found in sectoral CIBES Resolutions, some of which go into detail for specific commodity areas.

Documentary requirements — limitations and analogy to import rules For imports of sensitive goods, CIBES Resolution No. 33 of 9 December 2020 mandates an End-Use/User Statement (Declaração de Uso/Usuário Final, EUS) from the importer, requiring content such as final user identity, intended use, employment location, and a non-diversion commitment. The model template is in Annex I of that Resolution. However, as of June 2026, there is no directly equivalent, codified CIBES resolution requiring the same EUS for exports; documentation for export licenses is governed by the specific area directives (for example, recent CIBES resolutions for nuclear and chemical goods, and Ministry of Defense requirements for military items).

Practically, Brazilian authorities will request end-use and end-user documentation for export licensing—especially if the foreign destination or item type presents a proliferation risk—but the specific required content, forms, and assurances may differ by sector and are not universally set by law or regulation. Export license reviews by the Ministry of Science, Technology, and Innovation (MCTI) or Ministry of Defense may be escalated for interagency review under CIBES Resolution No. 43 of 14 November 2025 if there are doubts over end-use, end-user reliability, or foreign-policy and security risk.

Red flags and negative screening Brazilian law does not enumerate a formal list of "red flags" or suspicious indicators that obligate exporters to halt a transaction or conduct enhanced due diligence. Nor does it impose a statutory denied-party screening obligation comparable to those under US or EU law. Instead, review is judgment-based and case-by-case: if authorities receive intelligence or information suggesting diversion, mismatch between goods and user, or risk of WMD proliferation, they may suspend or deny the license or require further assurances before export is authorized. Exporters are not, under current published law, compelled to maintain or document their own screening practices beyond what is required by the sectoral licensing procedures.

International obligations and sector context Brazil’s adherence to UN Security Council sanctions and major nonproliferation treaties is reflected in the export licensing process—applications covering destinations or parties under embargo will be denied. No official consolidated denied parties/entity list is maintained by Brazilian authorities as of June 2026. While best practice in international trade compliance suggests exporters should watch for inconsistent routing, unusual intermediaries, or unverifiable end-users, this remains practical industry guidance rather than a codified legal mandate in Brazil.

Source: Lei No. 9.112, de 10 de Outubro de 1995, Art. 3 Source: CIBES Resolution No. 33 of 9 December 2020 Source: CIBES Resolution No. 43 of 14 November 2025, Section 7

Are there exemptions or license exceptions for sensitive-goods exports under Brazilian law?

Brazilian export control law is explicit: exports of sensitive goods—including nuclear, chemical, biological, missile, and military items—require prior authorization from the competent federal authority. Article 3 of Law No. 9.112/1995 states: “A exportação dos bens sensíveis e de serviços diretamente a eles relacionados depende de prévia autorização do órgão federal competente.” Nowhere in the law or implementing CIBES resolutions is there a published general exemption for samples, repairs, low-value (de minimis) consignments, humanitarian aid, or diplomatic shipments. The licensing obligation applies as soon as an item is classified on a CIBES-controlled list or the LIPRODE (Ministry of Defense list), regardless of value, end use, or consignee. There is no provision authorizing self-determination of exemption eligibility by exporters.

Temporary export process dispensation: military/defense goods Brazil’s defense export regime (Decreto No. 9.607/2018) allows a process convenience, not a substantive exemption. Article 12: “Exportações temporárias, para demonstração, teste, reparo, participação em feiras ou eventos esportivos, desde que informados o tipo de atividade e a data de reimportação, dispensam a fase de procedimentos preliminares.” The exporter is excused from preliminary-negotiation procedures but must still obtain an export license from the Ministry of Defense. This applies only to products and technology controlled under the LIPRODE, and the export must specify the activity and anticipated return date—there is no waiver of license, only a streamlining.

No general license-exception regime A review of Law No. 9.112/1995, the main CIBES resolutions (Nos. 28, 32, 36, 39–43), and Portarias on Produtos Controlados pelo Exército confirms there is no general system of “license exceptions” analogous to the US EAR’s TMP, RPL, or GOV exceptions. Any waiver or dispensation must be explicitly provided for in a specific ordinance or granted via an individual license. Article 6 of Law 9.112/1995 outlines penalties for unauthorized export, including written warnings, fines ranging from 10% to 200% of the value of the goods, suspension or revocation of export authorization, confiscation, or permanent loss of foreign-trade accreditation for severe or repeat infractions.

Bottom line for exporters If a good is on the sensitive-goods lists or LIPRODE, assume a license is required regardless of value, destination, or purpose. Shipments for demo, repair, or as samples are not exempt from licensing by law. Export without a license risks seizure, denial of customs clearance, substantial fines, and loss of trading rights under Article 6.

Source: Lei No. 9.112, de 10 de Outubro de 1995 Source: Decreto No. 9.607, de 12 de Dezembro de 2018, Art. 12

Penalty structure under Law No. 9.112/1995

Brazil’s export control regime for sensitive and dual-use goods applies a structured scheme of administrative penalties for violations, detailed in Article 6 of Law No. 9.112/1995. Administrative penalties may be imposed only after an administrative proceeding in which the right to defense is ensured (Art. 6, §3). There is no separate penalty regime for violations involving dual-use or defense goods: all penalties listed below derive from the core statute.

Types of administrative penalties (Art. 6):

• Written warning (for infractions of minor relevance that do not justify more severe sanctions);
• Fines (from 10% to 200% of the value of the exported goods);
• Suspension of export authorization;
• Confiscation of the goods;
• Permanent loss of the exporter's accreditation to engage in foreign trade (reserved for repeat or especially severe violations).

Penalties can be cumulative—more than one sanction may be applied for a single infraction.

Due process and proceedings

Article 6(3) provides that penalties may not be imposed until the conclusion of an administrative process in which the accused has a full opportunity to defend. The law does not specify the procedure beyond this minimum due process guarantee, nor does it enumerate detailed appeals mechanisms or stages. If a violation is found, the competent authority (as determined by regulation—typically the responsible ministry for the regulated goods) applies penalties as described in Article 6.

Scope and limitations

Law 9.112/1995 is limited to administrative (not criminal) penalties. It does not expressly provide for criminal prosecution for general export control violations. Cases with possible criminal dimensions (such as smuggling or arms trafficking under other statutes) may be referred to law enforcement under legal provisions separate from Law 9.112/1995, but these processes are outside the statute’s explicit scope and not detailed here.

No statutory detail on publication or third-party enforcement

The law does not require publication of penalties in the Diário Oficial da União, detail third-party enforcement by customs, or set out roles of other agencies—these elements may arise via practice or in regulations, but are not found in Article 6 itself.

Source: Lei No. 9.112, de 10 de Outubro de 1995, Art. 6

Definition and scope of intangible exports under Brazilian export control law Brazilian law recognizes the export of technology, software, and technical data (intangible goods) as subject to control under its sensitive-goods regime. Article 1 of Law No. 9.112/1995 extends export controls to services directly related to listed sensitive goods, and the sectoral CIBES regulations clarify that both tangible and intangible items are regulated. However, Brazilian law does not define or use the term "deemed export" in the sense familiar to U.S. EAR/ITAR practitioners—i.e., disclosure to foreign nationals within Brazil is not explicitly regulated under a "deemed export" theory.

Article 3, §4 of CIBES Resolution No. 40, of 28 April 2025, provides: “As exportações de bens intangíveis — softwares, tecnologia e serviços — constantes das Listas de Bens Sensíveis e que não transitem pelo Portal Único de Comércio Exterior continuam submetidas às Diretrizes para Exportação de Bens Sensíveis publicadas pela CIBES para as respectivas áreas.” This means that digital transfers—such as software sent by email, upload to a foreign server, cloud access, or remote technical assistance—are licensable events if the material is on a CIBES Sensitive Goods List. These transactions do not pass through Brazil’s LPCO (Licences, Permits, Certificates and Other Documents) module in the Single Foreign Trade Portal (Portal Único de Comércio Exterior), but require prior licensing from the CGBS/MCTI in accordance with area-specific CIBES directives.

Licensing procedure for intangible exports For exports of intangible sensitive goods (e.g., technology controlled under nuclear, chemical, biological, or missile lists), the exporter must apply to the Coordenação-Geral de Bens Sensíveis (CGBS) at the MCTI according to the relevant CIBES directive for that sector (see, for example, Resolutions No. 39/2025 for nuclear, No. 28/2020 for chemical, No. 36/2021 for dual-use chemical production equipment, and No. 32/2020 for missile items). Required documentation typically includes the technical description, end-use guarantee, and commercial contracts—and in some cases, evidence as to the modality of transfer.

There is no dedicated procedure for intangible defense exports (military technology/software/services): control rests mainly with the Ministry of Defense LIPRODE framework, which is focused on physical goods and does not set standalone digital-technology-export rules as of June 2026.

No deemed export concept Notably, Brazilian law does not explicitly treat disclosure of controlled technology to foreign nationals physically in Brazil as an export event; licensing attaches only to cross-border transfers. There is no equivalent in statute or regulation to the U.S. "deemed export" rule (15 C.F.R. § 734.13(b)).

Practical implications for exporters Any cross-border provision of controlled technology, software, or technical assistance—even if intangible and digital—requires case-by-case licensing if on a Sensitive Goods List. There is no carve-out for cloud delivery, remote software provide, or routine email. Exporters should review the latest CIBES sectorial directives for specific instructions. Domestic (in-country) technical assistance to foreign nationals is not regulated as an export per current published law.

Source: CIBES Resolution No. 40 of 28 April 2025, Art. 3 §4 Source: Lei No. 9.112, de 10 de Outubro de 1995

Are dual-use software and cyber-surveillance items subject to export control in Brazil as of June 2026?

As of June 2026, Brazil’s export control regime has undergone a material update with the promulgation of Decreto nº 13.007, de 9 de junho de 2026, which implements a bilateral protocol on export controls for defense-related products, including “tecnologia e software de defesa” (defense technology and software), between Brazil and Sweden. This decree marks the first legally binding acknowledgment in Brazilian law of a software-specific export control category associated with defense and national security.

Prior to Decree 13.007/2026, Brazil’s export control regime—anchored in Law No. 9.112/1995 and the series of sectoral CIBES resolutions (including Res. 40/2025)—did not contain a published national control list or regulatory text that expressly covered dual-use software, cyber-surveillance, or intrusion software as a standalone category outside the WMD control lists (nuclear/chemical/biological/missile). Export licensing obligations for intangibles, including software, were limited to software expressly referenced in control lists for specific sectors or as directly related to listed sensitive goods.

Key update (June 2026):

• Decreto 13.007/2026 requires that exporters of defense-related software and technology—including cyber-surveillance and intrusion tools when characterized as "defesa"—follow new notification and licensing measures established under the bilateral Brazil–Sweden protocol. The scope and classification criteria (including the distinction between military/defense vs. general dual-use software) are implemented and interpreted by the Ministry of Defense and CIBES, and may extend to software or technology used for defense, intelligence, or surveillance purposes.
• This creates, for the first time in Brazilian secondary law, explicit grounds for classifying and controlling intangible transfers of software with sensitive defense or cyber-surveillance features, regardless of whether these items are physically tangible.

Licensing and compliance context:

• Exports of software still not expressly listed as defense or as WMD-related under the CIBES control regime or Decreto 13.007/2026 remain subject to the established framework: only software directly and specifically named on a CIBES list or subject to the catch-all discretion of Article 3, Law No. 9.112/1995, is licensable.
• Exporters must monitor both Ministry of Defense circulars and the CIBES/MCTI portal for interpretive guidance or implementing acts under this new protocol.

Summary for practitioners: As of June 2026, export of defense-related software (including cyber-surveillance applications, to the extent they fall within the bilateral protocol’s scope) is now subject to notification and licensing requirements under Decreto 13.007/2026. Dual-use software and general cyber-surveillance tools that are not classified as defense or not otherwise addressed by CIBES sectoral lists remain outside automatic control, pending further regulatory development.

Material change: This section is updated to reflect the entry into force of Decreto nº 13.007/2026, which represents a novel and binding regulatory development for software-related export controls in Brazil.

Source: Lei No. 9.112, de 10 de Outubro de 1995 Source: CIBES Resolution No. 40 of 28 April 2025, art. 3 §4 Source: Decreto nº 13.007, de 9 de junho de 2026

Administrative and judicial recourse for exporters facing license denial or penalties

Brazilian export control law sets detailed procedures for license requirements, but guidance on appeals or recourse following license denials or the imposition of administrative penalties is notably sparse in the statutory text. Article 6, §3 of Law No. 9.112/1995 provides that administrative penalties (warnings, fines, suspensions, revocations) for export control violations may only be imposed after a completed administrative proceeding in which the exporter has the right to a defense (“amplo direito de defesa”), but does not prescribe a further formal appeals hierarchy or timeline within the administrative process. The law does not detail internal reviews or reconsideration by CIBES, MCTI, or the Ministry of Defense if a license is refused or a penalty is imposed.

Administrative process detail:

• There is no published regulation that mandates a formal internal appeals board or secondary review stage at either CIBES (for dual-use controls) or the Ministry of Defense (for defense goods).
• Exporters facing unfavorable decisions may petition the deciding authority for reconsideration (embargos de declaração or pedido de reconsideração), but procedures and timelines are governed by general administrative law (Lei No. 9.784/1999), not by Law 9.112/1995 or Decreto 9.607/2018. The "broad right to defense" (amplo direito de defesa) means the exporter must be permitted to present arguments and evidence in their favor during the administrative process itself.

Judicial review: Exporters may seek judicial review in the Federal Courts (Justiça Federal) if administrative remedies are exhausted or if a fundamental legal right is alleged to have been violated. The judiciary may review both the lawfulness of the administrative decision and, in certain cases, its factual basis, but does not substitute its own judgment on technical export control matters unless there is arbitrariness or clear violation of rights. This right to judicial review arises from the Federal Constitution (Art. 5, XXXV) and general public-law principles, not from the export control statute itself.

Practical note: In practice, exporters presented with license denials or penalties file written objections, supporting documentation, or petitions for reconsideration with the denying authority. When such petitions are denied, or where deadlines for administrative challenge pass, judicial recourse remains. As of June 2026, no CIBES or Ministry of Defense regulation establishes a special/sectoral appeal or rectification procedure for export control matters beyond this general structure.

Source: Lei No. 9.112, de 10 de Outubro de 1995, Art. 6 §3 Source: Lei No. 9.784, de 29 de Janeiro de 1999

How exporters process sensitive-goods licenses and customs clearance in practice

Brazilian exporters of goods on the CIBES sensitive-goods lists (nuclear, chemical, biological, missile) or Army-/Defense-controlled goods face both substantive licensing requirements and procedural steps via Brazil's foreign trade IT systems: SISCOMEX and the Portal Único de Comércio Exterior. The following describes the workflow—anchored to primary authority—by which compliance, export registration, and customs clearance are integrated as of June 2026.

1. Registration in the LPCO module (CIBES-controlled goods) CIBES Resolution No. 40 of 28 April 2025 (Art. 3) mandates that for tangible exports (goods covered by CIBES sectoral lists), the exporter must seek prior authorization through registration in the Licenças, Permissões, Certificados e Outros Documentos (LPCO) module of the Portal Único. The exporter selects the appropriate LPCO model (matching the good/NCM code, sector, and license type) and submits supporting documentation—typically technical descriptions, contracts, and any required certificates. The competent authority (e.g., MCTI/CGBS or, for Army items, the Army’s DFPC) reviews the application and, once approved, records the license electronically in the system. CIBES Resolution No. 40 does not detail each required data element, but the obligation is explicit: "A exportação de bens classificados nas áreas químico, biológica, nuclear e de mísseis [...] ficará condicionada ao prévio deferimento de LPCO no módulo iniciado no Portal Único" (Art. 3, caput).

2. Filing the export declaration (DU-E) and system linkage Following license approval, the exporter must file a Declaração Única de Exportação (DU-E)—the electronic export declaration—within the Portal Único (see Receita Federal's official guidance). The DU-E references the underlying good (NCM code) and the exporter's CNPJ. The customs system checks for valid, relevant LPCO authorizations on file corresponding to the goods declared. Without a valid LPCO covering the NCM/good/exporter—and for Army-controlled goods, authorization per Decreto No. 9.847/2019, arts. 43–44—the DU-E cannot proceed to customs clearance. While the official portal documentation does not publicly detail each validation logic, Receita Federal is explicit in guidance that LPCO clearance is a precondition for sensitive/controlled goods exportation.

3. Customs review and release Customs (Receita Federal) will review the DU-E declaration and may, depending on the system's risk analysis or documentation supplied, ask for further information or conduct inspection. Only after all documentary and system checks are passed can the goods be released for export. The process is technology-driven but may involve manual review, especially if sensitive goods or military items are involved. The regulations do not enumerate all possible review triggers; technical or destination-based red-flags may result in holds or further inquiry at Receita Federal's discretion.

Key system caveats and sectoral distinctions (as of April 2025+)

• Intangible exports: CIBES Res. 40, Art. 3 §4 specifies that exports of intangibles (software, technology, services)—while subject to export licensing—do not currently use the Portal Único/LPCO workflow, but must be licensed directly with MCTI as set out in area-specific CIBES directives.
• Army/Defense and PCE: Export licensing for Army-controlled goods must follow special procedures per Decreto 9.847/2019 (arts. 43–44), and registration in the appropriate Army SISCOMEX module is required. The cited decree formally imposes the Army/DFPC authorization as a precondition for export.
• Catch-all/discretionary controls: Where CIBES or competent federal authority invokes Article 3 “catch-all” controls, formal portal or manual procedures may vary; neither CIBES Res. 40 nor the Portal Único’s published manual prescribe specific online processing for ad hoc/unlisted items.
• No license exemption via Portal: CIBES Res. 40 and Decreto 9.847/2019 do not provide for a license exemption for demo, repair, or sample shipments within sensitive-goods categories—license and export declarations are always required; only the process phase may be modified for certain temporary defense exports (see Decreto 9.607/2018, Art. 12 in defense section of this guide).

Source: CIBES Resolution No. 40 of 28 April 2025, Art. 3 Source: Portal Único de Comércio Exterior, Receita Federal Source: Decreto nº 9.847, de 25 de junho de 2019, arts. 43–44