With the federal government rule, it reduces the deadline for importation under the drawback regime from 2 years to 6 months.
A provisional measure by the federal government that changed rules for cocoa imports divided opinions in the sector. THE MP 1,341 of 2026published this Friday (March 13, 2026), reduces the period for companies to import fruit under a drawback regime from 2 years to 6 months. Read (PDF – 89 kB).
Representatives of the production sector celebrated the measure, while segments linked to processing expressed concern and warned of a possible reduction in demand in the domestic market and impacts on jobs and exports.
Drawback is a special customs regime that suspends or exempts taxes on the purchase of inputs —imported or national— used in the manufacture of exported products. The mechanism encourages exports and avoids the accumulation of taxes in the production chain.
Before the MP, companies had 12 months to export — tax-free — industrialized products by purchasing inputs from other countries. This period could be extended for another 12 months, reaching 2 years.
With the measure, exporters who sell products made with foreign cocoa will only have 6 months to take advantage of tax advantages when importing the fruit. The rules only apply to whole or broken, raw or roasted cocoa. For example, cocoa butter, cocoa powder and chocolate are excluded.
The MP was a demand from the (Brazilian Agriculture and Livestock Confederation) and the agriculture and livestock federations of Bahia (Faeb), Espírito Santo (Faes), Pará (Faepa) and other cocoa-producing states.
The entities argued that the maximum period of 2 years was used by exporters to increase stocks and increase the industry’s bargaining power over the producer, influencing prices and harming remuneration in the domestic market.
“By reducing the term of these operations to up to 6 months, the MP seeks to limit distortions in supply and make the use of the regime compatible with the need for a greater balance between industrial demand and the support of national production.”, says the deputy technical director of CNA, Maciel Silva.
CRITICAL ASSOCIATION
For the (National Association of Cocoa Processing Industries), the decision was taken without dialogue with the industry and is part of a mistaken diagnosis about the functioning of the market. Read the note (PDF – 2.4 MB).
The entity disagrees with the assessment that drawback dynamics are the cause of price distortions in the domestic market. The association states that restricting access to imported inputs could reduce the competitiveness of the industry and, consequently, the demand for almonds produced in the country.
According to AIPC, the price of cocoa is determined by the dynamics of supply and demand in the domestic market, the exchange rate of the dollar and price references in the international market. The entity states that Brazil is not yet self-sufficient in fruit production and that imports must complement the national supply.
“In general, the price in Brazil is that of the New York Stock Exchange because we don’t produce enough cocoa. However, since August 2025, this price has been falling below the stock market because the demand for cocoa derivatives in Brazil has fallen significantly. When we compare 2025 with 2024, our crushing fell by 14%”, said Anna Paula Losi, executive president of AIPC, to Poder360.
Anna Paula states that there is a mismatch between supply and demand in the country, but says that imports have no relation to this phenomenon.
“The industry imports strictly via drawback regime, because all imported volume needs to be exported. The 12-month deadlines extended for another 12 months exist because the industrial cycle and the export cycle are different from the commodity production cycle”, he declared.
The president classified as “unfeasible” the 6-month deadline for companies to complete the derivatives production, negotiation and commercialization stages.
RISKS TO THE MARKET
AIPC data show that 92% of export contracts have a term of more than 180 days, considering stages of international negotiation, import of raw materials, industrial processing and delivery of the final product.
“The impacts can be significant for the entire production chain. The reduction in exports tends to lead to less grinding in Brazil, greater industrial idleness, loss of jobs and lower demand for national cocoa”designs the association.
The entity lists possible consequences for the sector within 5 years:
- reduction in crushing between 10% and 20% and increase in industrial idleness to more than 35%;
- accumulated loss of exports between US$ 400 million and US$700 millionthe equivalent of up to R$3.5 billion;
- reduction in demand for national beans and a drop of 40 thousand to 80 thousand tons in domestic cocoa consumption.
