Resolution Authorizing Chartering of Offshore Support Vessels Published in the Official Gazette

On April 22, 2021, ANTAQ Resolution No. 44/2021 was published in the Federal Official Gazette.The measure introduces an important revision to Normative Resolution No. 01/2015, which establishes the procedures and criteria for the chartering of vessels by Brazilian Shipping Companies (EBNs), as well as Resolution No. 1,811/2010, which regulates the criteria for proving the commercial operation of vessels by EBNs.

As of the effective date of this new resolution, EBNs authorized to operate in offshore support navigation will be allowed to time-charter foreign-flag offshore support vessels that were previously bareboat chartered, with a valid Authorization Certificate for Operation (CAA), to companies engaged in the exploration and production of minerals and hydrocarbons. For such arrangements, the nautical management of the vessel must be exclusively carried out by the chartering EBN, which will be fully responsible for executing all procedures established by ANTAQ. The company engaged in mineral and hydrocarbon exploration and production that charters the vessel may not use it to provide services to third parties or enter into any sub-charter agreements.

EBNs authorized in offshore support navigation may also time-charter Brazilian-flag vessels to companies directly involved in mineral and hydrocarbon exploration and production activities in national territorial waters and the Exclusive Economic Zone (EEZ). In such cases, nautical management of the vessel must be mandatorily carried out by the chartering EBN, which will also be responsible for registering the charter agreement in the SAMA (ANTAQ's Maritime Support System). The non-EBN chartering company is likewise prohibited from using the vessel to provide services to third parties or to sub-charter it.

In cases of time chartering in offshore support navigation where the charterer is not an EBN, the chartering company must submit a copy of the charter agreement to ANTAQ within a maximum period of 60 (sixty) days from the date of registration, preferably through electronic means.

ANTAQ Resolution No. 44/2021 enters into force on May 3, 2021.Lopes Pinto Advogados remains available to clarify any questions.