On July 17, 2025, the Brazilian Ministry of Ports and Airports
("MPOR") opened a public consultation regarding a draft
ordinance, establishing the essential clauses of long-term
transportation contracts for the purpose of authorizing the
chartering of foreign vessels, as provided in Item IV of Paragraph
1 of Article 5 of Law No. 14,301/2022, which established the
Cabotage Transportation Incentive Program ("BR do
Mar").
Under the proposed draft, the long-term transportation contract
must be entered into between a Brazilian Shipping Company
("EBN") (as the contracted carrier) and the cargo shipper
(as the contracting party for transportation), and must contain
essential clauses such as: (i) identification of cargo covered by
the contract, including information describing the characteristics
of the cargo and the transportation to be performed exclusively;
(ii) description of the contracted vessels, including their main
characteristics and technical specifications, valid certifications
at the time of contracting, and registration details under their
flag and hull registration with the International Maritime
Organization – IMO; (iii) obligation to ensure the vessels
meet the criteria for sustainable vessels; and (iv) indication of
the risk-allocation matrix between the parties
EBNs requesting authorization to charter foreign vessels under
long-term contracts must submit to ANTAQ (i) a copy of the
bilateral contract and any amendments signed with the cargo
shipper, and
(ii) periodic proof of compliance with, and maintenance of, the
terms established in the contract.
The deadline for submitting contributions is July 31, 2025, through
the Participa + Brasil platform.
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