New ordinance reduces port-leasing bureaucracy

On April 13, an ordinance that changes port-leasing conditions was signed by President Jair Bolsonaro and published in the Official Federal Gazette. The ordinance exempts bidding for leases and establishes procedures and requirements for the temporary use of areas and facilities in the state-managed port area. The norm regulates the Ports Law (Law 14.047 / 2020), which modernizes contract management in the sector.

In addition to regulating these new types of contracts, the ordinance removes the lease contract’s value limit for performing a simplified technical, economic, and environmental feasibility before bidding.  It also ends the requirement for a 100-day minimum period to submit proposals in the bidding process. These measures will speed up contracting with the government.

ANTAQ (the national waterway transportation agency) can now set the contract value to determine whether it is necessary to hold a public hearing on the port lease agreement bidding procedure. This will simplify obtaining approval for investments in leasing contracts.

The new ordinance removes the first contractual period time limit for port concessions that intend to leverage even more resources. It also promotes adjustments in the contracting rules between the concessionaire and third parties.

To access the full text of Decree 10.672, of April 12, 2021, visit: https://www.in.gov.br/en/web/dou/-/decreto-n-10.672-de-12-de-abril-de -2021-313497821

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