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On April 22, 2021, the Brazilian National Agency of Waterway Transportation (ANTAQ) published a resolution that amends Normative Resolution 01/2015-ANTAQ (“RN01”), which established the procedures and criteria for the chartering of vessels by Brazilian shipping companies (“EBN company”) in port support, maritime support, cabotage and long-haul navigation.
The alterations provided by ANTAQ, as previously discussed in Public Consultation 13/2019, allow E&P companies that are not authorized as an EBN company to charter vessels for maritime support navigation.
RN01 was amended in order to establish that an EBN company may time-charter Brazilian flagged vessels to perform hydrocarbon research and exploration provided that (i) the vessel's nautical management be performed by the EBN charterer and (ii) the chartering company not employ the vessel to render services to third parties or to subcharter.
E&P companies shall also be able to charter foreign flagged vessels bareboat chartered by an EBN company, provided that all circularization and charter authorization certificate requirements established by ANTAQ are complied.
Moreover, the regulation provides that it shall be undertaken by the EBN charterer obligations regarding the registration of charter contracts and additional procedures required by ANTAQ through the SAMA system.
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This 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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