On 17 March 2020 the National Petroleum Agency (ANP) published Resolution 811/2020 regulating the bulk transportation of oil and its derivatives, natural gas and biofuels by water, including deep-sea navigation, cabotage and maritime, port and inland support.
The resolution, which has been in force since 1 April 2020, repealed ANP Ordinance 170/2002 and ANP Resolution 39/2004.
According to the new resolution, as the ANP stated in Public Hearing Precedent 1/2019 (attached to Technical Note 014/2019/SIM dated 23 January 2020), "waterway transportation for export purposes must be carried out by Brazilian companies, as established in article 5 of Law 9,478/1997, which do not need to be Brazilian Shipping Companies (EBN)".
Such positioning is the result of the stance adopted by the National Agency for Waterway Transportation (ANTAQ), which stated as follows on public consultation:
As provided in Article 5 of Law No. 9.432/97, ANTAQ ratifies that the operation or exploration of the transportation of goods in deep sea navigation is open to shipowners, shipping companies and vessels from all countries, which do not need to be Brazilian Shipping Companies - EBN to export oil, its derivatives, natural gas and biofuels. Therefore, a Brazilian company that is not a Brazilian Shipping Company (EBN) could carry out this activity.
This guidance will have a relevant impact on oil companies operating in Brazil, since they can directly enter into charter parties for their export cargo without requiring the intermediation of a Brazilian shipping company.
