On 15 July 2025, the Brazilian Federal Government published Decree No. 12,551/25 in the Official Gazette. The decree implements the Countermeasures Law, enacted in April 2025, which authorizes suspending trade, investment, and intellectual property concessions in response to unilateral measures adopted by foreign countries or economic blocs.

The decree was issued in the context of new tariffs announced by the United States, expected to affect Brazilian products from 1 August.

Interministerial Committee on Negotiation, Economic and Trade Countermeasures

The decree establishes the Interministerial Committee on Negotiation, Economic and Trade Countermeasures, under the Ministry of Development, Industry, Trade and Services (MDIC). It is responsible for assessing the potential adoption of provisional countermeasures and monitoring diplomatic negotiations. It will be chaired by the MDIC Minister and include the Ministers of the Office of the President’s Chief of Staff, Finance, and Foreign Affairs.

Decisions will be made by simple majority. In the event of a tie, the MDIC Minister will have the casting vote.

Procedure for the Adoption of Provisional Countermeasures

• Any proposed measure submitted to the Interministerial Committee must include a justification grounded in the criteria set forth in the Countermeasures Law.
• The Ministries represented on the Committee will evaluate the proposal, considering its potential impact on trade, diplomacy, and the competitiveness of Brazil’s productive sectors. They may also suggest amendments. Private sector stakeholders may be consulted at this stage.
• Once the Committee has deliberated and approved the proposal, the countermeasure will be implemented.
• The Committee may adopt, amend, or suspend such measures at any time.

Procedure for Ordinary Measures

A different process applies to ordinary measures. Proposals involving import restrictions or suspensions must be submitted to the Foreign Trade Chamber (Camex), accompanied by proper justification. Camex will assess whether the proposal complies with the provisions of the Countermeasures Law.

If so, Camex may establish a working group to draft the applicable countermeasures. The resulting proposal will be subject to a public consultation period of up to thirty days. The Camex Strategic Council will have sixty days, extendable for an additional sixty, to decide whether to adopt the proposed measures.

The Ministry of Foreign Affairs and the MDIC will monitor the implementation of the measures to mitigate their effects and, if necessary, suspend them.