Ports: Relevant Changes In Brazil

The revolution in the Brazilian infrastructure regulatory framework has brought another important change, this time in connection with the development and operation of the nation's ports.

Aimed at encouraging private investment in the expansion and modernization of the ports and fostering competition in the sector, President Dilma enacted Provisory Measure  # 595, dated December 6, 2012, that provides for the opportunity for private parties to develop and operate private terminals, handling both their own and third parties' cargos as  so-called "mixed-use" terminals.  The previous requirement that private terminal operators handled third parties' cargo only on a subsidiary basis, in an accessory and secondary manner vis-à-vis their own cargo, no longer applies since the 1993 Ports Act has now been revoked.