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Regulatory Review Announced will Impact Shipping Industry

In federal administrative law, regulatory review refers to processes used by Congress, the president, and the courts to oversee the rules, regulations, and other policies issued by federal agencies.

Brazilian Comex and Shipping Players know how difficult is to be in compliance with all the rules imposed as a way of “controlling” the activity.

Recently a decree was issued stablishing a revision of federal rules and regulations. The laws currently in force will be repealed, simplified and republished within 18 months.

The measure is being called, behind the scenes, “Revisaço” and aims to reduce costs with unnecessary burocracy and regulations in between 160-200 billion reais.

The review will update, simplify and consolidate the regulations. The idea is to eliminate outdated rules and simplify the regulatory landscape, ensuring greater legal certainty for entrepreneurs and investors.

On Comex, we currently have importers and exporters who must comply with regulations that are published, almost daily, by each of the various agencies involved in foreign trade.

Players are subject to heavy penalties (fine, cargo forfeitur, closure of the company, among others) if they fail to comply with all accessory obligations.

On the other hand, we have the entire Shipping chain that has the obligation to provide numerous information, since the arrival of the ship, operation, departure, port of origin, port of final destination, being required to feed SISCOMEX Cargo and Port without Paper. They are also subject to various penalties. Among them, the fine of R$ 5,000 that worries maritime agents and, although illegal is one of the great reasons for the “Brazilian Cost”.

It is obvious the importance of the public agencies regulation and that the sectors have some kind of control.

However, the great truth is that players in the industry suffer from the numerous obligations created over the years.

Therefore, the “Revisaço” demonstrates the Government’s concern with the players wishes to reduce bureaucracy and the costs of foreign trade.

The final result of the consolidation is expected to come out in 2021. After the end date, taxpayers will no longer be subjected to fines based on outdated rules.

The process of review and consolidation of the rules can be suggested by any interested party, through the Federal Executive Branch Ombudsman System.

ANTAQ Approves Regulatory Standard

ANTAQ is an autonomous government agency dependent on the Ministry of Transportation, Ports and Civil Aviation created in 2001 and in operation since 2002. ANTAQ is engaged in the implementation of policies to regulate, supervise and inspect activities related to the provision of waterway transport services and infrastructure. 

ANTAQ approved the norm that establishes regulatory parameters to be observed in the provision of container and volume handling and storage services at public and private port facilities, repealing the Resolution No. 2,389-Antaq, 2012.

Among other aspects, the now approved regulatory standard establishes criteria to be considered when billing the THC and the SSE, also known as THC-2.

The THC is the reimbursement of expenses for cargo handling services between the port terminal gate and the vessel’s side, including the transitory storage of cargo for the term agreed between the maritime carrier and the port facility or operator, in the case of exportation, or between the vessel’s side and its placement in the port terminal stack, in the case of importation.

SSE, on the other hand, refers to the collection, on importation, by the cargo handling service between the stack in the yard and the port terminal gate, not being part of the services paid by Box Rate, nor of the services whose expenses are reimbursed through the THC.

According to ANTAQ, prior to the billing of SSE, there will be electronic scheduling by the facility or port operator of operating windows to be made available continuously and regularly spaced, in order to serve all customers / users.

The new rule applies to the private container handling terminals, in line with Law No. 12,815 / 2013 and Decree No. 9,046 / 2017.

As a result, port facilities are required to disclose, with thirty days in advance, on their websites and terminal access, the maximum prices and detailed description of the services to be payed by the user, including application rules, deductibles and exemptions, if any.

ANTAQ Opens Bidding for Areas on The Itaqui Port

Brazil-based ANTAQ also arbitrates in conflicts and promotes safe and economical cargo and passenger transportation by following international standards on both subjects. ANTAQ’s sphere of responsibility covers lake, fluvial and maritime navigation, private and public ports, and cargo and passenger terminals.

ANTAQ opened last Monday, a public consultation and hearing to receive contributions, subsidies and suggestions for the improvement of the legal and technical information necessary to carry out a public bidding contest related to the leasing of terminals for handling and storage of liquid fuels, located in the Public Port of Itaqui, Maranhão, Brazil.

Port of Itaqui is a Brazilian port located in the city of São Luís, Maranhão.

It is not to be confused with the city of Itaqui, in the state of Rio Grande do Sul, near the border with Argentina. The main cargoes include aluminium ingots and bars, pig iron, general, dry and liquid bulk cargoes, soybean and copper.

The legal technical documents related to this public hearing are available here.

Only the contributions, subsidies and suggestions referring to the documents placed in public consultation and hearing will be considered by the Agency. Contributions can be sent to ANTAQ by 23:59 on July 31, exclusively through the form and electronic form available only on their website: http://portal.antaq.gov.br/.

By means of identification of the taxpayer and within the stipulated period, it will be exclusively possible to attach digital images, such as maps, plans, photos, etc., through the following e-mail: anexo_audiencia062019@Antaq.gov.br. The contributions received by ANTAQ will be made available on the portal.

By means of identification of the taxpayer and within the stipulated period, it will be exclusively possible to attach digital images, such as maps, plans, photos, etc., through the following e-mail: anexo_audiencia062019@Antaq.gov.br.

The contributions received by ANTAQ will be made available on the portal. A public hearing will be held at a date and place to be timely defined and disclosed by ANTAQ.