Brazil

Changes in immigration requirements for foreign vessels, platforms

16 Oct 20

BRAZIL

IMPACT – HIGH

The Brazilian government has announced new requirements that will require platforms or vessels flying foreign flags to employ more Brazilian nationals when they operate in Brazilian jurisdiction waters.

Key Points:

  • Under Normative Resolution 42, maritime workers include:
    • officers: long-distance captains, cabotage captains, 1st nautical officers and 2nd nautical officers
    • masters of cabotage, foremen, deck sailors and auxiliary deck sailors
    • machinery section: officers, senior machinery officers, 1st machinery officers, 2nd machinery officers, machine drivers, machine sailors, sailors, machine assistants and electricians
    • chamber section: cooks, stewards, nurses and health assistants
    • unmanned: do not perform duties directly linked to the vessel’s operation but provides occasional services on board the vessel and on platforms
    • non-maritime crew: professionals who aren’t part of the maritime crew of mobile offshore units and platforms and don’t perform functions related to the operation of these units.
  • Vessels used in maritime support navigation that operate in mineral exploration, mining activities and hydrocarbons must have a third of Brazilians employees work the necessary decks and machines, the fraction operation being considered in each section and a set of officers and subordinates after 90 days in operation.
    • After 180 days in operation, half of Brazilians employed by the vessel must be working in that capacity.
    • After 360 days of operation, two-thirds of Brazilians employed by the vessel must fulfill those roles.
  • Vessels used in coastal navigation that travel between ports or points in the Brazilian territory using the sea route, waterways, inland ports, and in port support navigation to service vessels and port facilities, as well as navigation in inland waters and on vessels intended for regasification of liquefied natural gas must have one-fifth of Brazilian maritime workers, rounding up the higher whole number, working the necessary decks and machines, the fraction operation being considered in each section and a set of officers and subordinates after 90 days in operation.
  • After 180 days in operation, one-third of Brazilians employed by the vessel must be working in that capacity.
  • The Ministry of Justice and Public Security must be informed about the transfer of maritime workers and other professionals to another vessel of the same contracted company or a change of employer.
  • If any immigrant worker is employed on more than one vessel, he/she must present an application for residency and the contracts with each vessel.
  • If a vessel departs from Brazilian waters for less than 15 consecutive days, it does not change the requirement for the number of Brazilians who must be employed.
  • Maritime workers and other professionals on board the vessel may enter the country on a visit visa for up to 90 days a year, exempting it for bearers of the international seafarer card issued under the terms of Convention 185 of the International Organization. Foreign workers who intend to stay longer than 90-days must apply for a residence permit.
  • Guidance on residency renewals will be published soon

Background: Normative Resolution 42 amends the Normative Resolution No. 06 from 2017.

Analysis & Comments: The changes to maritime requirements are designed to protect Brazilian workers on platforms and vessels. Please contact Deloitte for more detailed analysis and required procedures.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

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