ANTAQ Expands Oversight to Include Enforcement of Port Lease Contracts (PAF 2026)

Brazil’s National Waterway Transport Agency (ANTAQ) has revised its port oversight model as of 2026. In addition to compliance checks under Resolution No. 75 and risk-based operational reviews, ANTAQ will now systematically assess compliance with key clauses in port lease agreements. This shift is set out in the 2026 Annual Inspection Plan (PAF 2026), and aligns with the 2025–2028 Multi-Year Inspection Plan (PPF 2025–2028).

Key elements of the change

Inspections will now explicitly cover essential contractual obligations, particularly those governing service standards, operational performance and other lease-mandated requirements. In 2026, 44 leases (roughly one-third of all active contracts) will be examined under the new approach; the remaining contracts will be covered between 2027 and 2028 under the PPF 2025–2028. According to ANTAQ’s Inspection Superintendence, priorities were set based on regulatory relevance, alignment with the PPF, and risk analyses reflecting current supervisory needs.

Thematic Focus Areas

ANTAQ has organized seven inspection areas: evaluation of how port authorities conduct their own oversight; review of delegation agreements; verification of prices/charges at container terminals; assessment of the national fleet’s use of deadweight tonnage (DWT/TPB) to charter foreign vessels and for registrations in the Brazilian Special Registry (REB); oversight of mixed passenger-cargo vessels; and investigations into delays and omissions by container ships operating along the Brazilian coast. The plan also foresees operational on-site inspections, particularly in inland passenger transport and at passenger terminals, emphasizing verification of adequate service delivery without relying solely on document review.

Practical Implications for Operators, Lessees and Port Authorities

By bringing contractual enforcement into the scope of inspection, ANTAQ is heightening scrutiny of performance and compliance with obligations related to investment, capacity, efficiency, maintenance, operational safety and service levels. Lessees should expect targeted reviews of performance and contractual compliance, alongside ongoing regulatory compliance testing. Port authorities will have their supervisory actions assessed, which may drive greater standardization and reduce inconsistencies. For container terminals and carriers, the additional focus on pricing and service regularity (delays and omissions) signals attention to both commercial and operational practices. In inland navigation and passenger terminals, on-site inspections may lead to prompt corrective measures where service deficiencies are identified.

Compliance Readiness and Next Steps

We recommend an internal review of lease contracts to map critical clauses (service levels, KPIs, investment timelines, maintenance and service standards), assemble evidentiary files and audit trails, and update SOPs to ensure traceability and proof of compliance. Container terminals should reinforce pricing governance and documentation of tariff methodologies, and carriers should strengthen controls over scheduling and the documentation of delays/omissions. Operators using REB and TPB-based chartering should confirm eligibility and reporting procedures. Port authorities should review and align internal oversight procedures with ANTAQ’s standards, ensuring robust records and consistent practices.