Oil and Gas companies are authorized to charter vessels

By Felipe de Paulo

ABDM, member and maritime lawyer

Recently, after more than a decade of discussions, the Board of the National Waterway Transportation Agency (ANTAQ in Portuguese) approved at its 498th Ordinary Meeting held on April 8, 2021, [1] an important consolidation of understanding, making it possible for companies in the Oil and Gas segment, which are not Brazilian Shipping Companies (EBN), to charter vessels related to maritime support.

The discussion was based on the understanding that time chartering is a service, the Brazilian model was not very competitive, and it was often necessary to authorize new EBNs to carry out operations. [2]

The decision was unanimously adopted by the collegiate, with the result that Brazilian and foreign vessels may be chartered, by bareboat charter – a contract under which the charterer has possession, use and control of the vessel, for a determined period, including the right to designate the vessel. commander and crew.

The nautical management must remain with the EBN (owner), which will carry out the necessary records in the systems, it is prohibited that the O&G Companies (charterer) use vessels for third party purposes, sub-chartering is also prohibited.

The decision of the 498th Ordinary Meeting will impact the following resolutions: Normative Resolution 01/2015-ANTAQ[3] APPROVES THE STANDARD THAT ESTABLISHES THE PROCEDURES AND CRITERIA FOR THE CHARGING OF VESSELS BY BRAZILIAN SHIPPING COMPANIES IN PORT AND MARITIME SUPPORT. and Resolution 1,811 / 2010-ANTAQ[4] APPROVES THE STANDARD TO DISCIPLINE THE REGULATORY CRITERIA FOR THE PROVISION OF THE COMMERCIAL OPERATION OF VESSELS BY THE BRAZILIAN SHIPPING COMPANIES, however the minutes of the meeting were pending publication in the Federal Official Gazette until this date.

Evidently, this decision will impact the market positively, reducing the Brazilian cost, by reducing bureaucracy and also relieving several areas such as the fiscal / tax, making the Brazilian scenario more competitive and consistent with the formatting of contracts used around the globe.

[1] https://www.gov.br/antaq/pt-br/assuntos/noticias/antaq-realizara-498a-reuniao-ordinaria-de-diretoria-em-8-de-abril

[2] http://portal.antaq.gov.br/index.php/2020/09/14/antaq-autoriza-operacao-de-ebns-e-novos-registros-de-instalacao-portuaria-de-apoio-ao-transporte-aquaviario/

[3] http://portal.antaq.gov.br/index.php/hrf_faq/resolucao-normativa-no-01-2015/

[4] http://web.antaq.gov.br/portalv3/pdfSistema/Publicacao/0000008522.pdf