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ANTAQ approves regulatory standard on storage services

The National Agency for Water Transport (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, repealling the Resolution No. 2,389-Antaq, 2012.

Among other aspects, the now approved regulatory standard establishes criteria to be considered when billing the Terminal Handling Charge (THC) and the Segregation and Delivery Service (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.

Box Rate & Other Services

In accordance with the regulatory standard, the services contemplated in the Box Rate will be performed by the facility or port operator, upon remuneration freely negotiated, established by contract or disclosed in the price list.

In turn, the services not covered by the Box Rate and the storage, when demanded or requested by customers/ users of the terminal, will obey conditions and prices freely negotiated, with the maximum values being previously disclosed in price lists, in observation to the commercial conditions stipulated in the lease agreement and in the ANTAQ rules, forbidding abusive or harmful competition practices.

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.

Brazilian Revenue will no longer charge IOF on export exchange

The Brazilian Federal Revenue will no longer charge the Tax on Financial Transactions (IOF) on foreign exchange transactions related to the entry of export revenues in Brazil. The Federal Official Gazette published on Wednesday (24) a consultation solution to clarify exporters on the incidence of IOF and reformulate their understanding from last year.

According to the National Confederation of Industry (CNI), at the end of last year, the Revenue began to demand the payment of 0.38% on foreign exchange that entered the country. At the time, the IRS’s interpretation was that the exemption would be restricted to those who internalized the export revenue on the same day of the export operation. According to the CNI Export Competitiveness Forum, companies were unable to perform the export exchange operation on the same day.

“The exporting companies were very worried. About 90% of these funds are internalized, but not on the same day, due to time zone, reserve to pay suppliers, among other reasons,” explained CNI Commercial Policy manager Constanza Negri, adding that the confederation presented several documents to question the Revenue’s change in interpretation of the rules.

At the time, CNI estimated losses of $ 3.7 billion to exporters this year, if the decision was upheld. According to Constanza, companies have even filed lawsuits against the IRS to maintain the exemption.

According to the consultation solution published in the DOU, in the case of foreign exchange operations related to the entry of goods and services export revenues into the country, the IOF tax rate is zero. However, deadlines must be met for companies to be exempt, according to the rules of the National Monetary Council (CMN) and the Central Bank. According to the document, the export exchange liquidation contract shall be entered into for prompt or future settlement, prior or subsequent to the shipment of the goods or the rendering of the service, observing the maximum period of 750 days between the export operation and liquidating the exchange contract in order to receive the export revenue.

What is the North Arc?

A person who doesn’t know Brazilian logistics and ports, having only knowledge of Brazilian geography, would have no difficulty imagining the widespread use of waterway and cabotage transportation. Bearing in mind the profusion of rivers that flow through our territory, specifically in northern Brazil and our extensive coastline.

However, the flow of Brazilian production for a long time was done in a way that is very contrary to the advice of reason and intelligence, using primarily the South and Southeast grain ports. Meanwhile, due to successive records in our harvests, coupled with rising Chinese demand, has resulted in numerous bottlenecks in the already overloaded South/Southeast grain ports.

Consequence? Higher transportation costs and longer trips to production areas. Therefore, exporters began a search for viable logistics alternatives in other parts of Brazil. Thus, each year, the flow of grain through ports in the North/Northeast region has been growing substantially.

The ports above the 16° S parallel compose the so-called North Arc, covering the terminals of the North and Northeast. Since 2015, the Arco Norte ports have been the second largest exit point for soybeans and corn.

Obviously there are several obstacles and challenges to overcome. However, expectations are that the Arc North will export to 50% of the soybean from the state of Mato Grosso as early as 2023. Despite the obstacles, it is clear that grain flow through the North Arc is a path of no return and that the volume increase in the coming years is a fact.

Regarding the challenges of the region to be overcome, it is necessary to highlight that in 2016 a legislative consultant of the Brazilian Congress wrote a dense study regarding the North Arc, raising the region as the best logistics route for Brazilian grains. The study indicates in a practical and detailed manner all the difficulties and challenges of the region. It also proposes several solutions. The Legislative Consultant is nothing less than Tarcísio Freitas, the current Minister of Infrastructure, who has been working together to ensure better infrastructure for the Northern Arc.

North Arc – keep this name in mind!

Compliance | Anti-corruption

In face of the current challenges of advocacy and the world scenario as a whole, and in line with our Values and Beliefs, we started implementing the Promare | Rabb Carvalho Advogados Compliance Program.

Our Compliance Program is focused on creating a set of internal integrity mechanisms and procedures in the fight against corruption, encouraging, through preventive and ostensive measures, the adoption of conduct in accordance with the ethical laws applicable to advocacy as well as to the field of performance of our customers.

Thus, our Program is one of the six main pillars:

  • Identifying and encouraging compliance with laws and regulations, including anti-corruption legislation and policies;
  • The creation of an internal control mechanism for the implementation, execution and monitoring of the program;
  • Encouraging its direct and third-party employees to comply with the Promare Code of Ethics and Conduct and anti-corruption laws and regulations;
  • Preventive action to prevent fraud and illicit;
  • The establishment of disciplinary measures and remediation of possible damages in case of violation to the standards related to Compliance Promare | Rabb Carvalho Advogados
  • The adoption of transparency regarding donation to candidates and political parties.

Our team, aware that the corporate conduct is materialized through the actions of each of its employees, identified three main norms that regulate its activity: the Law Statute, the Penal Code and the Anti-Corruption Law.

Compliance with the rules, besides avoiding the application of penalties, brings other fundamental benefits. The main thing is maintaining a working working environment. Another benefit is the good reputation in the market and the good acceptance of the public opinion, since the Brazilian society does not tolerate more companies with the name related to corruptive practices, valuing even more those that maintains its reputation unblemished.

The RC | LAW Compliance Department is an independent communication channel for members of the office as well as anyone who is aware of the practice of unethical acts by any member of staff. The compliance department´s governed by an anti-recrimination policy, according to which no one will be harmed by making a complaint in good faith.

The communication channel receives reports with the indicated authorship or even anonymous ones, always guaranteeing the confidentiality with respect to the data of the one that uses the Compliance department. The channel is available to all, and can be accessed through the email: [email protected].

Antaq opens hearing on bidding for areas on the Itaqui Port

The National Waterway Transportation Agency of Brazil (Antaq) opened last Monday (1), 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.

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: [email protected]. 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: [email protected].

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.

New sulfur cap resolution on marine fuel oil vessels

The Brazilian National Agency for Petroleum, Natural Gas and Biofuels (ANP) published last Thursday, 23, Resolution 789/2019, enforcing a new sulphur cap on marine fuel oil for vessels that do not have a system of exhaust gas cleaning. The standard changes provisions of ANP Resolution No. 52/2010, which establishes the specifications of fuels intended for water use.

Petrobrás has assured that it is able to produce bunker with low sulfur in sufficient volume to meet the demand of Brazil from January 2020, when an international law that limits the sulfur content of vessels by 0.5%, said the director of the ANP.

The reduction of sulfur content in the bunker complies with the International Convention for the Prevention of Pollution from Ships (Marpol), to which Brazil is signatory.