Brazil

Overview

According to an announcement from ANVISA (Brazilian Health Regulatory Agency), all foreign flagged ships are required to go through a medical evaluation prior to issuing the mandatory certificate of free pratique. See the original release. Local restrictions for the ports of Paranagua and Antonina: Port Service Order 012/20 Latest news from Brazilian health authorities 20 March - referring to port operations, the Ministry of Infrastructure classified logistics services as essential for the country, reporting that measures will be adopted to safeguard the stevedores and workers on site, guaranteeing the vessels operations.  The health authorities’ procedures remain the same, with the master reporting medical conditions on board upon arrival at anchorage, aiming to obtain the free pratique. Vessel’s with possible cases of Coronavirus, will be submitted to quarantine and the infected crew member moved to a hospital for treatment. 23 March  - The Port of Acu issued an official notification  informing that their port remains operational. Please refer to Port of Acu's website/press releases for updates. Please also view the port's best practices,  providing amongst others the following:  Domestic and international travel, institutional visits and face-to-face meetings are prohibited by nearly all ports, with some specific exceptions. This standard was also adopted by the Port of Açu. For cargo operations, the port is implementing measures so that there is still maritime access, docking and cargo operations with contingency action plan.  The port will follow protocols set by ANVISA with regard to treatment of ships with suspected or actual contamination cases 24 March - all major ports, airports and land corridors are open and functioning normally, amid government guarantees to protect the workers and ensure the continuity of cargo operations and logistics services during the pandemic. There are no reports of port congestion or delays in bunker supply and cargo delivery. The transit of seafarers (for shore leave and crew change) is restricted or is not permitted in some ports and terminals. 30 March - ANVISA issued Technical Note 34 ( original) and in English, advising, amongst others, the measures for ships - Please see new Technical note on 16th April below. 31 March - Interministerial Ordinance n° 152, issued on 27 March 2020, provides for the 30-day travel ban to commence on 30 March 2020 and applies to individuals of all nationalities, except those falling into one of the following categories: Brazilian citizens and residents Foreign professionals employed by a non-governmental aid organisation recognised by the Brazilian government Foreign officials accredited by the Brazilian government Spouse, partner or immediate family member of a Brazilian citizen Foreign nationals whose entrance into Brazil is deemed by the government to be in the public interest Bearers of the National Migration Registry (RMN) Foreign travellers in transit (providing they do not leave the transit area and the country of destination admits their entry) Flight crews The travel ban does not apply to air cargo transport or technical landings for refuelling when there is no need to disembark foreign passengers. A foreigner who is in one of the land border countries and needs to cross the border to Brazil to catch a flight back home may exceptionally be authorised by the Federal Police (immigration authority) to enter the country as long as directly to the airport to board the flight. There is no bar for passengers to depart on commercial flights from Brazil; however, given the restriction on the entry of foreigners in many countries, the availability of international flights will probably decline substantially. Crew change and shore leave On 26 March 2020, the government placed an 30-day ban, with immediate effect, on the disembark of all foreign crew members arriving at Brazilian ports and points of entry, except those seeking medical assistance or in an air connection to their country of origin. No shore leave will be issued. In view of the temporary prohibition of entry by air of non-resident foreign nationals imposed on 27 March and beginning on 30 March 2020, embarking of crew members in Brazil will also not be possible for at least the next 30 days. Note however that local restrictions on the movement of crew members remain in force across all Brazilian ports where disembark is currently only allowed for emergency medical assistance. 16 April - ANVISA issued Technical Note 47 ( original) and in English (free translation), replacing Technical Note advising, amongst others, the measures for ships: Provide a copy of the medical logbook when applying for the free pratique certificate Carefully fill out the WHO Maritime Declaration of Health as it will be strictly reviewed by the authority before health clearance Cargo vessels arriving from overseas may only berth and operate provided no crew member disembarks for 14 days from vessel’s departure from the last foreign port of call, except where the landing of a crew member is essential to the operation Vessel crews must maintain minimum contact and keep a distance from shore workers Persons working on or visiting foreign vessels, including shore workers and pilots, should wear PPE as directed by ANVISA Supply of water and stores and removal of solid residues and effluents requires ANVISA’s prior approval No symptomatic crew member will be allowed to embark on the vessel In case of a COVID-19 event during the voyage or during the port stay: No crew member will not be allowed ashore, not even for vessel or cargo operation, for 14 (fourteen) days from the onset of symptoms of the latter case, except for medical evacuation Symptomatic Brazilian crew members may be allowed to disembark for home quarantine upon conditions Vessels with a suspected or confirmed case of COVID-19 may not be allowed to leave the port. The continuity of the vessel’s operation will be assessed by ANVISA The suspected crew member should be isolated, ideally in a cabin, and wear a mask until ANVISA determine whether the infected person will be quarantined onboard or moved to a referral hospital. In case of quarantine on board, the recommendations laid out in ANVISA’s “Protocol for Quarantine of ships with confirmed case of COVID-19″ should be followed. Ship Sanitation certificates - Renewals and extensions of ship sanitation certificates (SSC) must be booked in advance due to disruptions in public services, mainly in ANVISA offices covering ports in remote locations. Currently, SSC renewals are suspended, and ANVISA is only granting 30-day extensions. Vessels with an expired SSC will not be granted free pratique 22 April - Travel ban still in effect, borders still closed unless it is a foreigner who is in one of the land border countries and needs to cross the border to Brazil to catch a flight back home may exceptionally be authorised by the Federal Police (immigration authority) to enter the country as long as directly to the airport to board the flight. Note however that travel ban and border shutdown do not affect sea freights hence access to ports and cargo operations are continuing as normal with proper health measures in place and only essential workers available. Crew change and shore leave as above still in force.  29 April  - According to North P&I Club, Admiralty Court has extended the suspension of procedural deadlines until 15 May 2020. Presential judgement sessions and hearings are also suspended till 15 May 2020. A judgement session via video conference was held by the Admiralty Court for the first time.  1 May - According to Interministerial ordinance no. 201/2020 , crew disembarkation will be allowed in the following circumstances: Crew is Brazilian residents or citizens; and  the crew will be repatriated the same day 5 May - According to North P&I Club, even though crew changes for Brazilian nationals are permitted, restrictions on international travel make this difficult. Crew changes for foreign nationals not permitted only in exceptional cases and the crew is required to board a flight on the same day as disembarking from the vessel.  15 May - Anvisa's Technical Note 86, Portuguese and English (free translation)  providing information on how repatriation of foreigners who have disembarked from ships or remain in quarantine should be effected. The Secretariat for National Sovereignty and Citizenship affairs (MRE) is the authority issuing the approval which will then spearhead the repatriation process.  The Port Health authorities have just published Resolution (RDC no. 384), Portuguese and English (free translation)  on 12 May providing a temporary document analysis procedure for the issuance of the ship sanitation certificates ( SSCEC)  for ships during this COVID-19 outbreak.  Anvisa has also established some procedures, also in English free text on embarkation and disembarkation of crew members.  There has been been further lockdowns imposed on certain cities for a limited period. eg, State of Ceara declaring it up to 20 May for the city of Fortaleza and terminals located within this area are Mucruipe and Pecern where non-essential services are to be suspended except relating to transportation of cargo.  28 May - A new Interministerial Ordinance no 255 of 22 May 2020 ( original and free English text)  was issued extending 30 days the ban on the entry of non-resident foreign nationals in Brazil. In essence, it is still not possible to change or repatriate crew in Brazil except for medical evacuation or for air connection to return to country of origin relating to operational issues or termination of employment contract.  Also, the crew is  required to board a flight on the same day as disembarking the vessel. Crew changes for Brazilian nationals are permitted but according to North P&I club, restrictions on internal travel make this difficult.  5 June -  The Brazilian Navy, Directorate of Ports and Coasts providing temporary measures (via IMO circular letter no. 2466) relating to the extension of validity of seafarers' certificates and ships.  17 June - According to information from Promare provided by Westshore shipbrokers, seafarers are exempted from the entry restrictions in Brazil. 4 August -  Brazil has officially re-opened its borders effective immediately, July 29, 2020 to foreigners with certain restrictions in accordance with the Brazilian ordinance (in Portuguese and unofficial English translation) published on 29 July 2020.   Westshore Shipbrokers has provided the following summary / interpretation with regard to this new regulation:  The Federal Government authorized the reopening of air borders for foreigners to enter Brazil.  Foreign passengers will be able to visit Brazil for up to 90 days providing present proof of purchase of health insurance valid for the entire period of the trip.  The decree opens the airspace, but maintains restrictions for land transit at the borders or in waterway transportation for another 30 days.  It also maintains a ban on international flights to some airports: in the states of Mato Grosso do Sul, Paraíba, Rondônia, Rio Grande do Sul and Tocantins.  The entry of foreigners into Brazil was banned in late March due to the pandemic of the new coronavirus. Initially, the ban was for 30 days, but ended up being extended several times.  The restriction does not apply to Brazilians, to immigrants with permanent residence in Brazilian territory, foreign professionals on a mission serving an international organization, foreign employees accredited to the Brazilian government, spouse, partner, son, father or curator of a Brazilian, foreigners whose entry is specifically authorized by the Brazilian government in view of the public interest or for humanitarian reasons, and holder of a National Migration registry. Maritime crew members who perform specific functions on board a vessel or platform operating in Brazilian jurisdictional waters will also be exempted from restrictions either by air or waterway. Disembarkation of maritime crew however is only allowed for medical assistance or for repatriation, amid operational issues or end of employment contract and must be authorized by the Federal Police. 31 August - Information received from Westshore Shipbrokers as follows:  Any crew member found tested COVID-19 positive may find the ship entering into a 14-day quarantine imposed by the local authorities. As experience shows,  the local health authorities tend to impose immediate restrictions on ships, causing operational delays and until PCR results are available which can take up to 48 hours.  Airlines are demanding for the submission of COVID-19 tests at the time of signing-off crew that are checking in and if not available, the crew will not be allowed to travel.  Important to note that each port authority in Brazil has their own rules and demands which can change at short notice depending on the number of COVID-19 cases received at that point in time which requires urgent measures to be taken to deal with the situation.  29 September - According to information received from Westshore Shipbrokers is the following precautions imposed by ANVISA for 30 days counting from 24 September:  Foreigners entry into Brazil is restricted with some exceptions:  Brazilian citizens Immigrants with permanent residency Shipping crew on domestic vessels and offshore platforms Disembarking crew for repatriation 30 September - With gratitude to Westshore Shipbrokers, have the list of useful links been updated with information on international flights 15 December - According to information provided by Westshore Shipbrokers have the requirements to Seafarer's identity docuemnts been relaxed. The Brazilian federal police have issued a circular (English translation) providing for an exceptional flexibility whereby documents issued under the terms of ILO convention no. 108 will continue to be allowed until 15 June, 2021. 4 January 2021 -  According to information from Promare provided by Westshore passenger flights from the UK or connecting flights are not allowed to disembark passengers.  Moreover are all foreigners required to present a negative COVID-19 PCR test result not older than 72 hours along with a signed Declaration of Traveler’s Health, which is anticipated to be filled out during the flight. 3 February - Information provided by Proinde reiterates the travel ban from the UK and the PCR test requirment. Meanwhile is the travel ban extended to include South Africa. 20 May - According to information from Williams provided to BIMCO by Westshore Shipbrokers are the following restrictions in place following ANVISA protocol NT n5 5/2021 and the federal Department of Home Affairs ordinance 653: Effective past April 30th 2021, Brazilian Sanitary Authority = ANVISA = has issued a new protocol (NT n5 5/2021) with focus on port operations and vessels´ crews arriving on board at Brazilian ports, in order to halt the spread of COVID-19. Amongst all hygienic procedures already known and the use of adequate IPEs, following points have been raised, which are of interest of all Shipowners and vessel Operators: Shore leaves are still forbidden; Disembarking of crewmembers is only authorized for medicare and repatriation Any crewmember to come ashore, has to be tested on board (RT-PCR) prior receiving authorization from Sanitary Authority Any positive case detected on board will lead to testing all crew, and vessel to be quarantined for a period of 14 days, after which, all crew to be re-tested. Case no other positive case detected, quarantine will be lifted. In case on second testing any positive case is detected again on testing all crew, then a new quarantine period, will be started. On the other hand, Federal Government´s Home Affair Department, this past May 14th, has issued its new Ordinance numbered 653 with immediate effect, and temporary validity, maintaining the restrictions to foreign Nationals of being admitted into the country by sea and land transport. This new Ordinance, extends the effects of previous Ordinances on the subject for an undeclared period of time, although brings within its Articles, new restrictions, as follows:  All Foreign Nationals will not be admitted to Brazil if arriving by sea and land transport (exceptions are for those foreign citizens with permanent residence, and disembarking crewmembers provided their VISA situa...

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Ai Cheng Foo-Nielsen
in Copenhagen, DK

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