On 27 October 2021, the National Agency of Waterway Transportation (ANTAQ) made a resolution that regulates ship-to-ship transfer operations of:

  • oil transport in bulk;
  • oil derivatives;
  • natural gas; and
  • biofuels.

Such activities consist of cargo transfers between vessels located within the Brazilian jurisdictional waters and may include vessels both in motion and those that are anchored.

The proposed resolution, which was initially put to debate, regulates the transfer activity by obligating pre-sought approval from the regulatory agency in order to avoid possible competitive risks. During ANTAQ's 511th ordinary board of directors meeting, Resolution 59/2021 was approved, following a vote set by General Director Eduardo Nery. Nery did not identify any regulatory reasons that would justify going into the specific aspects of the regulation.

Resolution 59/2021 will regulate only the activity of ship-to-ship transfer operations, rather than creating any additional requirements, since ANTAQ's current intention is to monitor and understand this market in order to implement regulatory improvement.

On 28 October 2021, Resolution 59/2021 was published in the Federal Official Gazette.

For further information on this topic please contact Pedro Neiva de Santana Neto or Nathalia Caroline Fritz Neves 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.