Ministry of Ports and Airports Opens Public Consultation on Essential Clauses of Long-Term Transportation Contracts

On July 17, 2025, the Brazilian Ministry of Ports and Airports (“MPOR”) opened a public consultation regarding a draft ordinance, establishing the essential clauses of long-term transportation contracts for the purpose of authorizing the chartering of foreign vessels, as provided in Item IV of Paragraph 1 of Article 5 of Law No. 14,301/2022, which established the Cabotage Transportation Incentive Program (“BR do Mar”).

Under the proposed draft, the long-term transportation contract must be entered into between a Brazilian Shipping Company (“EBN”) (as the contracted carrier) and the cargo shipper (as the contracting party for transportation), and must contain essential clauses such as: (i) identification of cargo covered by the contract, including information describing the characteristics of the cargo and the transportation to be performed exclusively; (ii) description of the contracted vessels, including their main characteristics and technical specifications, valid certifications at the time of contracting, and registration details under their flag and hull registration with the International Maritime Organization – IMO; (iii) obligation to ensure the vessels meet the criteria for sustainable vessels; and (iv) indication of the risk-allocation matrix between the parties

EBNs requesting authorization to charter foreign vessels under long-term contracts must submit to ANTAQ (i) a copy of the bilateral contract and any amendments signed with the cargo shipper, and
(ii) periodic proof of compliance with, and maintenance of, the terms established in the contract.

The deadline for submitting contributions is July 31, 2025, through the Participa + Brasil platform.