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New Port Fee will Be Imposed at The Port of Itaqui in Brazil

Port charges are the fees that shipping operators and their customers pay to port authorities for the use of the port’s facilities and services. Port charges can be a significant component (up to several percent) of the final price of consumer goods.

The EMAP – Empresa Maranhense de Administração Portuária, port authority which runs the Port of Itaqui, in São Luís, Maranhão, Brazil has warned shipowners, charterers and their representatives that a new port fee will be imposed as from March, 1st, 2019.

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 aluminum ingots and bars, pig iron, general, dry and liquid bulk cargoes, soybean and copper.

The fee will impact local trade and shipping activities in all private terminals of the region.

This fee is BRL 0,44 p/ DWT and will be charged for ships that use the common navigable areas of São Marcos Bay to access the Ponta da Madeira Terminal, the Alumar Terminal and any other Private Use Terminal that may be installed in the region.

Promare is a multidisciplinary consultancy, based in Ceará and with national and international operations, founded in 1999. Our services have a pragmatic approach to strategic business consulting. We are focused on promoting freedom and security in our clients’ business relationships, fostering business with the necessary confidentiality.

The legality of such fees has been questioned. Our team of the São Luís Office is already preparing a deep analysis of the situation.

We at Promare Consultoria, Promare Cobranças and Rabb, Carvalho Advocacia are prepared to cover the needs of our clients. Together, we work in the search for greater legal certainty in comex and shipping transactions.

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.