On 19 August 2021 the National Agency for Waterway Transportation (ANTAQ) published Resolution 52, which introduced the manual for analysing and supervising detailed engineering designs in port leases. The resolution came into force on 1 September 2021.

The manual covers the following topics:

  • the requirements for presenting detailed engineering designs, which should include details of the budget and the corresponding physical and financial schedules;
  • how to analyse detailed engineering designs, which includes analysis of the qualitative compatibility of the project, and the physical and financial schedules;
  • supervision of any investments made;
  • final analysis; and
  • certifying compliance with contractual obligations.

The manual aims to:

  • establish the structure to use when presenting new investment projects;
  • guide the analysis procedures of these projects in order to ratify any contracts; and
  • instruct on how the supervision will be carried out by the supervisory and coordination boards of the regional units.

The manual was created after the publication of Ordinance 349-SEP/PR in 2014, which regulates article 57 of Law 12.815 (which came into force on 5 May 2013). The article addresses the early extension of port lease agreements that are in force, were signed under Law 8.630 (which came into force on 25 February 1993) and contain an express provision for an extension that has not yet been carried out.

The extension of such contracts depends on the evaluation of future investments in the project, which will be verified by analysing the detailed engineering design of the port facility and by supervising the works that are referred to by the project.

For further information on this topic please contact Paulo Fernandes or Camila Mendes Vianna Cardoso at Kincaid | Mendes Vianna Advogados by telephone (+55 21 2276 6200) or email ([email protected] or [email protected]). The Kincaid | Mendes Vianna Advogados website can be accessed at www.kincaid.com.br.