ANTAQ Resolution on chartering of ships
Brazil's national waterway transportation agency (ANTAQ) published yesterday at the Official Gazette Resolution No. 3,638, dated September 15, 2014 which approves the minutes for a new resolution ("Draft of the Resolution") aimed at regulating chartering of ships by Brazilian shipping companies.
The Draft of the Resolution derogates the ANTAQ Resolutions Nos. 2919/2013; 2920/2013, 2921/2013 and 2922/2013 in order to regulate, in one single rule, the chartering of ships by Brazilian shipping companies that operate in any of the following activities: maritime support navigation, port support navigation, coastwise navigation and ocean navigation.
The rule intends to simplify the normative reference for all players that negotiate chartering of ships. In this sense, the Draft of the Resolution establishes, for all Brazilian shipping companies, at first, the concession of the same period for chartering of foreign ships. The proceeding for obtaining ANTAQ's authorization for chartering of ships is now established through a general rule, however depending on the activity performed by the shipping companies, specific conditions may apply.
The penalties and administrative infractions are still prescribed in the above mentioned derogated ANTAQ Resolutions. However, the Draft of the Resolution indicates that a new Rule on this matter shall be future approved.
The Draft of the Resolution is still subject to public hearing and the official Portuguese version can be downloaded here.