On August 5th, 2013, the Secretariat of Ports of the Presidency of the Republic published the Ordinance no. 110 regulating the sole paragraph of art. 35 of Decree no. 8.033, of June 27th, 2013. The referred decree regulates the new Ports Law.

The provision disciplined in the ordinance sets forth that the Minister of State, and Head of the Secretariat of Ports of the Presidency of Republic may waive the issuance of new authorization in the hypotheses of:

  1. alteration of the type of cargo handled; or
  2. expansion of the port facility area located outside the organized port not exceeding twenty five per cent of the original area, as long as a locational feasibility exists.

The ordinance also sets forth that the interested parties who meet the requirements of the hypotheses provided for in the decree, must submit a waiver application to ANTAQ along with several documents related to the rule.