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1 October 2024

Ports & Maritime News | September 16-22, 2024

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The Ports & Maritime team has compiled the sector's main news for the week of September 16–22 to keep you in the loop.
Brazil International Law

The Ports & Maritime team has compiled the sector's main news for the week of September 16–22 to keep you in the loop.

On September 17, Brazil's National Agency of Waterway Transportation (ANTAQ) held its second meeting in São Paulo to discuss port facilities, as part of the proposal for the Regulatory Agenda 2025-2028.

The meeting's highlights included greater market participation in the development of the Regulatory Agenda, and the importance of the new proposal for ANTAQ and the market. Additionally, feedback was accepted for the Regulatory Results Assessment Agenda (ARR) 2023-2026.

Comments regarding the Regulatory Agenda 2025-2028 may be submitted until October 4.

Source: ANTAQ

At a September 19 meeting, Brazil's National Agency of Waterway Transportation (ANTAQ) approved the opening of a public comment period on technical and legal documents related to the bidding process for the leasing of terminal SSB01, located at the Port of São Sebastião (SP).

This area is intended for the handling and storage of bulk solids and general and containerized cargo. The lease has a term of 35 years, with an investment forecast of 660 million reais.

Source: ANTAQ

On September 19, Brazil's National Agency of Waterway Transportation (ANTAQ) approved a memorandum of understanding on the need to address the renewal of port transition contracts.

As it currently stands, ANTAQ is responsible only for the signing of transition contracts, with renewals being the sole responsibility of port authorities, without the agency's approval and technical analysis.

Under the new understanding, a new transition contract will be created for contracts that have been renewed more than four times (for a period exceeding two years), and where the area has no auctions scheduled before the end of 2025. In such cases, renewal of the contract will be prohibited—a public selection process for a new contract must be conducted instead.

Source: ANTAQ

On September 20, Brazil's National Agency of Waterway Transportation (ANTAQ) held Public Hearing No. 10/2024, regarding the Passenger Maritime Terminal in Recife, located at the Port of Recife (TMP Recife).

The project is expected to receive up to 1.3 million reais in investments over the 25-year contract.

Written contributions were accepted through September 25.

Source: ANTAQ

On September 20, the Ministry of Ports (MPor) published Ordinance No. 443/2024, establishing the requirements and procedures for the admissibility of consensual dispute resolution and conflict prevention procedures related to concession and lease contracts with the External Control Secretariat for Consensual Solutions and Conflict Prevention of the Federal Court of Accounts (TCU).

MPor emphasized that this procedure does not preclude other alternative means of conflict resolution, such as those available to the Attorney General's Office (AGU) and regulatory agencies.

Source: Portos e Navios

The Navy's Directorate of Ports and Coasts plans to allocate 40 million reais in extra-budgetary funds in 2024, dedicated to the improvement of maritime vocational education (EPM). An additional annual investment of 80 million reais in EPM is expected in 2025.

This schedule aligns with increasing demand for maritime professionals observed by shipping companies in the cabotage and maritime-support industries, highlighting the difficulty in hiring Brazilian maritime workers. A study indicated a potential shortage of naval officers in the near future, and the Navy should prepare to train at least 4,000 merchant marine officers by 2030.

Source: Portos e Navios

The Federal Court of Accounts (TCU) conducted an audit of bidding process RCE 02/2023, which involves the execution of dredging works in the port complex of Rio de Janeiro.

While TCU concluded that the integrated contracting regime is appropriate, it identified an irregularity in the inclusion of a contractual clause that allows for service addendums, a practice deemed incompatible with the regime as it imposes the risk of change on the contractor. The TCU recommended removing the clause from the contract.

Source: Portos e Navios

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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