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) covering the nuclear, chemical, biological, and missile sectors. Article 2 of Law No. 9112/1995 directs the Interministerial Commission on Controlling Exports of Sensitive Goods (CIBES) to compile these lists and publish them in the Federal Government Gazette (Diário Oficial da União). Article 5 of Law 9112 assigns CIBES the responsibility for drafting, updating, and publishing the lists, and directs the Commission to align the lists with international treaties and commitments to which Brazil is a party.

Nuclear area. The List of Sensitive Goods Related to Nuclear Equipment, Material and Technology and to Dual-Use Equipment and Material and Related Technology Applicable in the Nuclear Area was most recently updated by CIBES Resolution No. 23 of 18 November 2014, published by MCTI Ordinance No. 1405 of 29 December 2014. This list implements the export-control guidelines of the Nuclear Suppliers Group (NSG), of which Brazil is a member, and covers both nuclear-specific items and dual-use goods applicable to nuclear activities.

Chemical area. The List of Sensitive Goods Relating to Chemical Substances was most recently updated by CIBES Resolution No. 29 of 14 October 2020, which entered into force on 31 December 2020. The list encompasses the scheduled chemicals listed and specified in the International Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on the Destruction of Existing Chemical Weapons (Chemical Weapons Convention, CWC), promulgated in Brazil by Decree No. 2977 of 1 March 1999. A separate list covering equipment for the production of dual-use chemical substances, related technologies, and software was updated by CIBES Resolution No. 30 of 14 October 2020.

Biological area. The List of Goods Related to the Biological Area and Directly Related Services was approved by CIBES Resolution No. 13 of 10 March 2010, published in the Diário Oficial da União on 18 March 2010. The list includes pathogenic agents and toxins affecting human, animal, and plant health, and equipment used in the development of biological weapons. The list was developed based on control lists of other countries, particularly the Australia Group, and was submitted to researchers, specialists, and professionals in the field for adaptation to Brazilian needs.

Missile area. The List of Goods Related to Missiles and Directly Related Services was most recently updated by CIBES Resolution No. 37 of 14 December 2021, which superseded Resolution No. 31 of 14 October 2020. This list implements the export-control guidelines of the Missile Technology Control Regime (MTCR), which Brazil joined on 27 October 1995. The MTCR Technical Annex covers equipment, materials, technologies, and software subject to export control to combat the proliferation of missiles and other systems capable of delivering weapons of mass destruction.

Enforcement and updates. 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) international treaties and commitments when drafting and updating the lists. The lists are published in Portuguese by way of CIBES resolutions promulgated by MCTI ordinances. The Ministry of Science, Technology, and Innovation (MCTI) serves as the coordinating authority and secretariat for CIBES, exercising the licensing functions and supervision of dual-use goods; the Ministry of Defense regulates trade in munitions items under the National Policy for Export of Military Equipment (PNEMEM).

NCM linkage. Effective April 2025, CIBES Resolution No. 41 of 28 April 2025 published the list of Mercosur Common Nomenclature (NCM) tariff codes that require a prior registration in the Licences, Permits, Certificates and Other Documents (LPCO) module of the Single Foreign Trade Portal (Portal Único de Comércio Exterior) for exports of chemical, biological, nuclear, and missile goods and for imports of chemical goods subject to CIBES administrative control. Article 3, paragraph 4 of CIBES Resolution No. 40 of 28 April 2025 clarifies that exports of intangible goods—software, technology, and services—listed on the Sensitive Goods Lists that are not processed through the Single Foreign Trade Portal remain subject to the Directives for Export of Sensitive Goods published by CIBES for each area.

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. 41 of 28 April 2025 Source: Brazil Sensitive Goods Control page, MCTI

Prior authorization requirement. Article 3 of Law No. 9112/1995 provides that exports of sensitive goods listed on the four CIBES control lists (nuclear, chemical, biological, and missile) and services directly related to such goods require prior authorization from the competent federal authorities. The authorization procedure is administered by the Ministry of Science, Technology, and Innovation (MCTI) acting through the Coordenação-Geral de Bens Sensíveis (CGBS, General Coordination of Sensitive Goods), which serves as the Secretariat-Executive of the Interministerial Commission on Controlling Exports of Sensitive Goods (CIBES).

Portal Único and LPCO module (tangible goods). Effective April 30, 2025, CIBES Resolution No. 40 of 28 April 2025 instituted a registration requirement in the Licenças, Permissões, Certificados e Outros Documentos (LPCO) module of the Portal Único de Comércio Exterior (Single Foreign Trade Portal) for exports of tangible goods in the chemical, biological, nuclear, and missile areas. Article 3 of Resolution 40 specifies that LPCO registration is required for export operations of goods classified under Nomenclatura Comum do Mercosul (NCM) tariff codes listed in CIBES Resolution No. 41 of 28 April 2025. Article 3, paragraph 2 clarifies that LPCO registration must be preceded by a licensing request submitted under the applicable area-specific export directives (Diretrizes de Exportação de Bens Sensíveis) published by CIBES for each of the four areas.

Intangible goods (software, technology, services). Article 3, paragraph 4 of CIBES Resolution No. 40 provides that exports of intangible goods—software, technology, and services—listed on the Sensitive Goods Lists that are not processed through the Portal Único de Comércio Exterior remain subject to the area-specific export directives published by CIBES. These transactions are not filed through the LPCO module. The exporter must apply for authorization directly to CGBS/MCTI in accordance with the applicable sectoral resolution.

Area-specific export directives. CIBES has published four sets of general directives and procedural instructions for export operations in each area:

• Nuclear goods: CIBES Resolution No. 39 of 11 April 2025 (as amended by Resolution No. 43 of 14 November 2025) — Diretrizes-Gerais para Exportação de Bens Relacionados à Área Nuclear e Serviços Diretamente Vinculados.
• Scheduled chemicals (CWC): CIBES Resolution No. 28 of 14 October 2020 (as amended by Resolution No. 43 of 14 November 2025).
• Dual-use chemical production equipment: CIBES Resolution No. 36 of 15 October 2021 (as amended by Resolution No. 43 of 14 November 2025).
• Missile-related goods and services: CIBES Resolution No. 32 of 14 October 2020 (as amended by Resolution No. 43 of 14 November 2025).

Each directive contains detailed instructions on the documentation an exporter must submit, including commercial contracts, technical descriptions, end-use certificates, and, where applicable, preliminary negotiation authorizations.

Decision authority. The Coordenador-Geral de Bens Sensíveis (Coordinator-General of Sensitive Goods), acting as Secretary-Executive of CIBES, holds initial decision authority to grant or deny export authorizations under the respective sectoral directives (see, for example, CIBES Resolution No. 36, section 4.1). If the Coordinator-General determines that the export has significant political, strategic, or technological implications, the request is escalated to the full CIBES Commission for collective decision. If CIBES cannot reach a decision, or if the Ministry of Science, Technology, and Innovation deems it necessary, the matter is submitted to the President of the Republic by way of an exposição de motivos (statement of motives).

Interagency consultation period. CIBES Resolution No. 43 of 14 November 2025 amended all four sectoral directives to insert a uniform timeline for interagency review. Under the amended provisions, when the request is referred to CIBES member agencies or other public institutions for consultation on the advisability of authorizing an export, those agencies have 30 calendar days to prepare and submit their opinion. Exceptionally, if necessary and justified, the reviewing agency may request one extension of the period for an additional 30 days.

End-use and end-user documentation. Exporters must provide end-use certificates and end-user declarations evidencing the final use and final destination of the goods. For chemical-area imports (and by analogy for exports in certain circumstances), CIBES Resolution No. 33 of 9 December 2020 sets out detailed instructions for the issuance of an End Use/User Statement (EUS) by the Coordinator-General of Sensitive Goods on behalf of the Government of Brazil. Although Resolution 33 formally addresses import guarantees, the same documentary rigor applies to outbound shipments when a foreign importing-country government requests Brazilian government assurances.

Confidentiality. The export-authorization procedure is treated as confidential under the internal regulations of MCTI and CIBES. Detailed technical and commercial information submitted by the exporter is protected, and the CIBES decision-making process is not published in real time.

Validity of authorization. Export authorizations for sensitive goods are normally valid for two years from the date of issuance, though the specific validity period may be stated in the individual authorization. After receiving export authorization, the exporter must complete the standard export declaration (DU-E, Declaração Única de Exportação) in SISCOMEX (the Integrated System for Foreign Trade) and attach evidence of CIBES approval (either the LPCO registration number or the CIBES authorization document, depending on whether the goods are tangible and subject to LPCO or intangible).

Source: Lei No. 9.112, de 10 de Outubro de 1995 Source: CIBES Resolution No. 40 of 28 April 2025 Source: CIBES Resolution No. 41 of 28 April 2025 Source: CIBES Resolution No. 39 of 11 April 2025 Source: CIBES Resolution No. 28 of 14 October 2020 Source: CIBES Resolution No. 36 of 15 October 2021 Source: CIBES Resolution No. 32 of 14 October 2020 Source: CIBES Resolution No. 43 of 14 November 2025 Source: CIBES Resolution No. 33 of 9 December 2020

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

Legal framework. Decreto No. 9607 of 12 December 2018 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 institutes the policy. Article 2 states that Pnei-Prode aims to contribute to: (I) control of exports and imports of defense products; (II) strengthening the defense industrial base and technological autonomy; (III) preservation of national security; and (IV) prevention and elimination of illicit trafficking in conventional arms and prevention of diversion.

Controlled list: LIPRODE. Article 4, paragraph XI of Decreto 9607 defines the Lista de Produtos de Defesa (Liprode) as the list of defense products subject to the Pnei-Prode framework for export and import control. The list encompasses firearms, munitions, and may include inputs and technologies used in the defense-product supply chain. Article 4, paragraph III directs the Secretaria de Produtos de Defesa (SEPROD, Secretariat of Defense Products) within the Ministry of Defense to draft, maintain, and update the Liprode in coordination with the Ministry of Foreign Affairs (Ministério das Relações Exteriores) and publish it by ordinance of the Secretary of Defense Products. The Liprode organizes products by category, references Mercosur Common Nomenclature (NCM) tariff codes, and assigns control levels to each item. The most recent update as of June 2026 is Portaria SEPROD/SG-MD No. 5.657 of 11 December 2024.

Licensing authority. Article 4, paragraph I of Decreto 9607 assigns SEPROD responsibility for analyzing export and import operations of items on the Liprode from the perspective of defense and national security, preservation or transfer of indigenous technology, and promotion of the defense industrial base (Base Industrial de Defesa, BID). Article 4, paragraph VII empowers SEPROD to deliberate on export and import operations of Liprode items, observing the timelines prescribed by Decreto 9607. The exporter must obtain authorization from the Ministry of Defense (channeled through SEPROD) before filing the export declaration in SISCOMEX.

Control levels — two-tier system. Article 11 of Decreto 9607 classifies export operations into two control levels based on the product's technical characteristics:

• Level 1: Products that dispense the preliminary-procedures phase (dispensam a fase de procedimentos preliminares). The exporter proceeds directly to requesting export authorization (Autorização de Exportação).
• Level 2: Products that require the preliminary-procedures phase. The exporter must file a Negociação Preliminar (NegPrel, preliminary negotiation request) with the Ministry of Foreign Affairs before proceeding to the export-authorization request. Article 4, paragraph XII defines NegPrel as a request directed to the Ministry of Foreign Affairs to initiate negotiation for export of a defense product with a foreign country or foreign buyer.

Article 10 provides that control levels are defined by act of the Ministry of Defense in consultation with the Ministry of Foreign Affairs, considering the technical characteristics of the product or the nature of the export operation. Article 11, paragraph único specifies that the Liprode itself indicates the control level for each listed item.

Temporary exports. Article 12 of Decreto 9607 provides that temporary exports (for demonstration, testing, repair, trade shows, or sporting events) dispense the preliminary-procedures phase regardless of the product's assigned control level, provided the exporter specifies and documents the activity and the date of re-importation in the export request (Requerimento de Exportação, RE).

Exporter registration: SISCADE. Article 24 of Decreto 9607 requires that private exporters of defense products listed on the Liprode register in advance in the Sistema de Catalogação de Defesa (Siscade, Defense Cataloging System) and catalog their products and component items in accordance with the system's rules and procedures. Two exporter categories are recognized:

1. Manufacturers: may export only products of their own manufacture (Article 24, paragraph I).
2. Trading companies (empresas de comércio exterior): may execute an export operation only if accredited by the manufacturer for that specific transaction (Article 24, paragraph II).

End-use and end-user certificates. Article 13 of Decreto 9607 provides that export operations to private organizations abroad will be admitted only when such organizations offer legal and satisfactory guarantees. Articles 22–23 authorize the Ministry of Defense, in consultation with the Ministry of Foreign Affairs, to define the parameters, rules, and models for Certificado de Uso Final (CUF, End-Use Certificate) and Certificado de Importação Internacional (CII, International Import Certificate) for Brazilian defense exports. Article 23 provides that violation of the terms established in a CUF or CII by the foreign importer subjects that importer to the penalties and sanctions established under Brazilian law. The detailed requirements for CUF and CII are specified in Ministry of Defense acts published separately from Decreto 9607.

Re-export controls. Article 25, paragraph 3 of Decreto 9607 prohibits re-export or transfer of defense products received by Brazil (or by a Brazilian entity) to a third country without prior authorization from the exporting country. The same prohibition applies in reverse: when Brazil exports defense products, the CUF or CII issued by the foreign importing country obligates that country not to re-export without Brazilian authorization.

Overlap with CIBES dual-use controls. Dual-use goods that appear on both the CIBES Sensitive Goods Lists (for nuclear, chemical, biological, or missile applications) and the Ministry of Defense Liprode are subject to both licensing regimes concurrently. Article 3 of Law 9112 requires authorization from the "competent federal entities" (plural); an exporter of an item that falls under both frameworks must obtain authorization from MCTI (via CIBES) under Law 9112 and from the Ministry of Defense (via SEPROD) under Decreto 9607. The Ministry of Foreign Affairs participates in both processes because foreign-policy considerations (including bilateral defense agreements, United Nations Security Council embargoes, and international commitments) affect both dual-use and pure-defense exports.

Penalties. Violations of Decreto 9607 and its implementing regulations are subject to administrative and, where applicable, criminal penalties. The Ministry of Defense is empowered to suspend export authorization, cancel Siscade registration, impose fines, and refer cases for criminal investigation when an exporter ships defense products in violation of the licensing requirement or the terms of a granted authorization. Specific penalty amounts and procedures are set out in Ministry of Defense implementing ordinances.

Source: Decreto No. 9.607, de 12 de Dezembro de 2018 Source: Lei No. 9.112, de 10 de Outubro de 1995, Art. 8