The MDIC (Ministry of Development, Industry, Commerce and Services), through SECEX (Secretariat of Foreign Trade), published Ordinance No. 411, which updates criteria for the allocation of quotas for the import of photovoltaic modules.
Published in the Official Gazette of the Union (DOU) this Wednesday (16), the measure regulates the Resolution of the Executive Management Committee of the Foreign Trade Chamber (GECEX) No. 757, of July 10, regarding the entry of solar panels into the country, specifically for large energy generation projects.
The ordinance focuses on the import of photovoltaic modules for generating plants with a capacity exceeding 5 MW. The global quota was set at US$717,41 million, with each project entitled to an initial maximum quota of US$8 million. This condition is valid from July 16, 2025, to July 15, 2026, and will come into effect on the date of its publication.
The import tax rate was reestablished at 9,6%, demonstrating that the government reconsidered, precisely for this class of enterprise, the 25% rate on panel imports, defined to favor the national manufacture of this product.
The reduced tariff was revoked by GECEX Resolution 666 of November 2024, with the respective cancellation of the quotas established until then. “Companies, especially those with large power plants centralized generation, felt harmed by the revocation of the quotas. They had obtained project permits and, based on Provisional Measure 1212, had already made guarantee contributions to the transmission system," recalls Wladimir Janousek of JCS Consultoria.
According to Janousek, a legally sound justification presented to the government was crucial to reversing the previous decision, as the companies argued that their planning was hampered by the cancellation of the quotas. In fact, the companies had requested a zero tax rate, but CAMEX decided to reduce it to 9,6%.
The consultant explains that the US$8 million limit applies per company's CNPJ (Brazilian Taxpayer Registry). If a project requires a larger volume, it can import the first US$8 million and, after customs clearance, request a new cycle of US$8 million, provided there is still a balance in the global quota. "This division into stages aims to prevent a single company from using a significant portion of the available quota," he emphasizes.
Developments
Janousek doesn't foresee a major boost in the opening of new solar generation projects, especially since there are other important issues still to be resolved, such as curtailment, for example.
He believes, however, that some projects that were stalled could be revisited, as the measure offers new investment conditions. "The main expected impact is the completion of projects that were underway or anticipated," he assesses.
"These quotas will now provide a way to maintain a condition of viability for centralized generation projects and thus keep the solar energy market viable for the next two years of the quotas' validity, allowing these projects to use the 9,6% import tax through the linking of import licenses, complying with specific rules," says Daniel Pansarella, Country Manager of Trinasolar.
Although not included in Secex Ordinance No. 411, Pansarella refers to GECEX Resolution No. 757, which provides for another global quota, in the amount of US$ 403,2 million, valid from July 16, 2026 to July 15, 2027, therefore totaling two years of validity of the reduced tariff.
Trinasolar's Country Manager believes that, from the perspective of equipment suppliers, the government's decision will help revive the market for centralized generation and infrastructure projects.
Detailing
The full text of SECEX Ordinance No. 411 establishes a series of determinations for the granting of LI (Import Licenses) of modules, aiming at transparency and control.
LI applications will be reviewed in the order they are registered in Siscomex (Integrated Foreign Trade System). Once the allocated global quota is exhausted, Decex (Department of Foreign Trade Operations) will not issue new licenses, even if applications have already been registered.
If the importer is not the entrepreneur himself, it is mandatory, according to the document, to present a contract or similar instrument that proves the link between the importer, the entrepreneur and the enterprise.
Although each project has an initial maximum quota of US$8 million, an importer can obtain multiple LIs for the same project, as long as the sum of the quantities does not exceed this limit.
New concessions for the same project, after the initial quota is reached, are subject to customs clearance of goods under previously issued LIs. Inclusion of more than one project in a single LI application is prohibited.
A SECEX Ordinance No. 411 allows import licenses to be declared through the Duimp (Single Import Declaration), referenced in SRF Normative Instruction No. 680, of 2006. SECEX Ordinance No. 411 will be automatically revoked with the end of the validity of the quota it regulates.
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