Access to the Brazilian Inland Navigation and Port Terminal Market. José Renato Ribas Fialho

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1 Access to the Brazilian Inland Navigation and Port Terminal Market José Renato Ribas Fialho ANTAQ

2 1. LEGAL SYSTEM COOPERAÇÃO TÉCNICA BRASIL - Presentation Outline 2. CARGO TRANSPORTATION IN INLAND NAIGATION IN LONGITUDINAL INTERSTATE AND INTERNATIONAL ROUTES 3. FOREIGN ESSEL CHARTERING 4. PRIATE PORT TERMINALS TUP 5. CARGO TRANSSHIPMENT STATIONS ETC ANTAQ 2

3 COOPERAÇÃO TÉCNICA BRASIL - Legal System Federal Constitution 1988 the Federal Government shall explore, whether directly or through authorization, grants, or permits: sea, river, and lake ports; waterway transportation between Brazilian ports and the national borders, or crossing the limits of the State of Territory; 3

4 Law No COOPERAÇÃO TÉCNICA BRASIL - Legal System Power granted to ANTAQ for the authorization for construction and operation of port terminals; and the authorization to provide services for freight transportation on inland navigation. 4

5 COOPERAÇÃO TÉCNICA BRASIL - Brazilian Shipping Companies EBN Authorization for Provision of Cargo Transportation Services in Inland Navigation in Longitudinal Interstate and International Routes (Resolution ANTAQ, of 12/11/2009): inland navigation in longitudinal routes: navigation performed along rivers, lakes, and channels, in interstate or international, among ports of the Federal States and between Brazil and neighboring countries, when national and international ports are part of common river routes; The petitioner shall meet technical, legal, economic-financial, fiscal, and safety requirements: 5

6 COOPERAÇÃO TÉCNICA BRASIL - Brazilian Shipping Companies BSC Technical Requirements: owning at least one self-propelled vessel or a thrusterbarge set under the Brazilian flag, not chartered to third parties; having a bareboat charter contract of at least one selfpropelled vessel or pusher convoy under the Brazilian flag, built in a Brazilian shipyard, for a period exceeding one year, signed with the owner, or; owning a vessel under construction, adequate to the navigation intended, in a Brazilian shipyard; 6

7 COOPERAÇÃO TÉCNICA BRASIL - Brazilian Shipping Companies BSC Legal Requirements: Being a natural person or legal entity established under the Brazilian law; headquartered and administered in Brazil; Economic and Financial Requirements: Good economic and financial standing, allowing it to perform the cargo transportation activity, as evidenced by the Balance sheet and other financial statements relating to the last financial year. 7

8 COOPERAÇÃO TÉCNICA BRASIL - Brazilian Shipping Companies BSC Fiscal Requirements: Being in compliance with Federal, State, and Municipal taxes; Safety Requirements: operating vessels that are adequate to the navigation intended, regulated by the Maritime Authority (Brazilian Navy), with a Mandatory Insurance policy in force; authorization by the Brazilian National Agency of Petroleum ANP for transportation of oil, oil byproducts, natural gas, ethanol, diesel, and biodiesel mixtures. 8

9 By travel or time: COOPERAÇÃO TÉCNICA BRASIL - Foreign essel Chartering when the absence or unavailability of Brazilian flag vessel of the appropriate type and size to the intended transport (circularization) is confirmed; or when public interest, justified appropriately, is confirmed; or when replacing the vessels built in Brazil in a Brazilian shipyard, while the construction lasts, for a maximum period of thirty-six months, to the extent of deadweight contracted. 9

10 COOPERAÇÃO TÉCNICA BRASIL - Foreign essel Chartering With bare hull and flag suspension : limited to twice the gross tonnage of vessels of similar type ordered by the company interested in chartering a Brazilian shipyard in Brazil; add of half the gross tonnage of vessels owned by Brazil, except for the chartering of a vessel of at least equivalent postage; The vessel will have to fly the Brazilian flag. 10

11 COOPERAÇÃO TÉCNICA BRASIL - Port Terminals for Inland Navigation Private Port Terminal TUP: private port terminal: a port facility explored by a legal entity established under public or private law, not owned by the public port, located in or out of the organized port area, used in the handling or storage or private cargo or private and third-party cargo;; Cargo Transshipment Station ETC: a port facility located outside the organized port area, exclusively used for cargo transshipment operation of cargo destined or coming from inland navigation; 11

12 COOPERAÇÃO TÉCNICA BRASIL - Port Terminals for Inland Navigation Common Technical, Legal and Tax Authorization TUP and ETC environmental license applicable; favorable opinion of the maritime authority (Brazilian Navy) relating to performing works in waters within the Brazilian jurisdiction, concerning the waterway space system and safety of navigation; descriptive memorandum of the terminal facilities; schedule for implementing the terminal; 12

13 COOPERAÇÃO TÉCNICA BRASIL - Port Terminals for Inland Navigation Common Technical, Legal and Tax Authorization TUP and ETC estimated overall amount of the investment on implementing the terminal; favorable opinion of the maritime authority (Brazilian Navy) relating to performing works in waters within the Brazilian jurisdiction, concerning the waterway space system and safety of navigation; descriptive memorandum of the terminal facilities; schedule for implementing the terminal; 13

14 Technical Licensing: COOPERAÇÃO TÉCNICA BRASIL - Private Terminals TUP specification of private cargo handled at the terminal and estimated handling per annum, as well as economic studies justifying the construction of the terminal exclusively based on private cargo; Certification that it shall primary handle private cargo, and, on an occasional, subsidiary basis, cargo owned by third parties, always in compliance with standards and resolutions of ANTAQ. 14

15 Technical Licensing: COOPERAÇÃO TÉCNICA BRASIL - Cargo Transshipment Station ETC no need for private cargo; view of ANTAQ (Resolution No ANTAQ, of 12/03/2009): facility for exclusive use on inland navigation; iew of the Ministry of Transport (GM Ordinance No. 79-MT, of 03/30/2010): minimum rate of 20% of the cargo by weight in an operation destined for or coming from the inland navigation in national and international route; Changes in ANTAQ resolution are being discussed with the Ministry of Transport. 15

16 COOPERAÇÃO TÉCNICA BRASIL - Thank you for your attention! José Renato Ribas Fialho jose.fialho@antaq.gov.br Ministério dos Transportes ANTAQ 16

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