ANTAQ Launches New Rules For Chartering Foreign Vessels

Introduction

On September 16 2014 the Brazilian National Waterway Transportation Agency (ANTAQ) published Resolution 3.638 in the Official Gazette, which approves the draft of a new normative act to regulate the chartering of foreign vessels. The normative act is still under public consultation and all interested parties have until November 5 2015 to provide comments and proposed amendments.

The new act consolidates the procedures for chartering vessels, which are currently divided into four resolutions – one for each type of maritime navigation (ie, blue water, coastwise/cabotage, port support and offshore support).

Changes to regulation

Following Law 9.432/97 – which gives Brazilian flagged vessels priority over foreign flagged vessels – the existing act establishes the procedures for evidencing the availability or unavailability of Brazilian vessels (known as 'circularisation'). Whenever a Brazilian flagged vessel is available, the respective owner or