 
./.  WORLD TRADE  
ORGANIZATION  G/LIC/Q/BRA/3 
11 November 2004 
 
 (04-4795) 
Committee on Import Licensing Original:   English 
  
 
BRAZIL'S IMPORT LICENSING REQUIREMENTS FOR LITHIUM COMPOUNDS 
 
Questions from the UNITED STATES to BRAZIL
1 
  
 The following communication, dated 8 November 2004, is being circulated at the request of 
the Delegation of the United States.  
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 At the 2 October 2003 and 5 May 2004 meeti ngs of the Committee on Import Licensing, the 
United States requested that Brazil submit inform ation concerning import licensing requirements for 
certain lithium compounds, i.e., lithium carbonate a nd lithium hydroxide.  These questions were also 
circulated in document G/LIC/Q/BRA/1.  
 The United States appreciates Brazil's partial response in G/LIC/Q/BRA/2, but we note that 
Brazil did not fully respond to the questions rais ed in G/LIC/Q/BRA/1.  We also note that the 
justification given for application of these restrict ions is very tenuous.  Brazil's explanation, in 
G/LIC/Q/BRA/2, that "some components of lithium, once enriched, may indeed have an application 
in the production of nuclear energy" does not actually demonstrate that the application is in any way 
related to nuclear issues, rather than to more common uses. 
  Furthermore, the United States has continuing concern that Brazil has yet to notify relevant 
legislation covering automatic and non-automatic  licensing requirements for these and other goods 
listed on the Secretaria de Comercio Exterior (SECEX) website at:   
http://www.desenvolvimento.gov.br/sitio/secex/opeCo mExterior/impProcedimentos/impProcediment
os.php .  
  Certain legislation covering import licen sing procedures was notified in documents 
G/LIC/N/1/BRA/1 and G/LIC/N/2/BRA/1 of 19 June 1998;  G/LIC/N/3/BRA/2 of 5 February 2002;  
and G/LIC/N/3/BRA/3 of 25 September 2003.  Howeve r, it appears that these notifications do not 
cover all laws and regulations concerning import licensing requireme nts.  For example, the United 
States understands that Brazil may maintain quotas on certain lithium compounds, including the provisions of Portaria No. 279/97 of 1997, and that  these quotas are administered in part through 
import licensing procedures.  However,  this legislation is not included in the list of legislation notified 
in the above-cited documents – G/LIC/N/1/BRA/1, G/LIC/N/2/BRA/1, G/LIC/N/3/BRA/2, and 
G/LIC/N/3/BRA/3 – and appears not to have been subsequently notified to the Committee.  When 
does Brazil intend to notify this legislation and regulations, and provide the information on these 
requirements to the Committee?  
                                                     
 
1 See Understanding on Procedures for th e Review of Notifications (G/LIC/4). G/LIC/Q/BRA/3 
Page 2  
 
  The licensing requirements appear to operate as effective quantitative restrictions, and we 
urge Brazil to fully and rapidly address our requ est for information and clarify the operation of 
Brazil's import licensing system for lithium carbonate and lithium hydroxide, including but not 
limited to the following questions:  
− What are the criteria for application and granting import licences?  On what basis are requests for 
these licences denied? 
 
− Please provide specific information for the peri od since 2000 on the quantity of imports for which 
import licences have been requested and for wh ich import licences were actually granted. 
 
− Please provide statistics for the period 2003 to the year to date by value and volume for each of 
the lithium compounds by supplying country. 
 
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