Requirements to establish a Brazilian Shipping Company (BSC) to operate Offshore Support Vessels (OSVs) Legal Aspects Highlights
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1 Requirements to establish a Brazilian Shipping Company (BSC) to operate Offshore Support Vessels (OSVs) Legal Aspects Highlights May/2015
2 Legal Framework ANTAQ s (National Agency for Waterway Transportation) Main relevant regulations: Resolution 843/07 Requirements to obtain authorization to operate as BSC. Res. 1811/ Requirements to evidence the operation of the BSC. Res. 2510/2012 Criteria/procedures for authorization to BSC to operate. Res. 01/2015 Requirements for the charter of vessels in Brazil. LOCAL CONTENT Resolution ANP 36/07 As from 2008, minimum of Local Content in services/products shall be fulfilled by the OSV BSC to be certified to attend the IOCs legal obligations before ANP. Contractual percentages to the OSV BSC. Law 9.432/97 Sector s Regulatory Mark Only BSCs are authorized to operate OSVs and charter foreign vessels. Brazilian flag OSVs have commercial preference (seismic and construction vessels excluded). Brazilian flag vessels do not need ANTAQ s charter authorization. Brazilian Special Register (REB). RESOLUTION 72 of Labour Ministry (Brazilian Crew) Law /14. For OSVs: 1/3 of Brazilians as from 90 days - 1/2 of Brazilian as from 180 days - 2/3 of Brazilian as from 360 days.. For exploitation/prospection vessels: 1/5 of Brazilians as from 180 days - 1/3 of Brazilian as from 360 days - 2/3 of Brazilian as from 720 days. Charter Agreement x Service Contract: 65% for Charter Vessel; 35% for Services (crewing included);
3 Number of Vessels OSV Fleet Growth in Brazil Law Pre-Salt first discovery Brazilian Flag Foreign Flag TOTAL Law 9432/97 Master Regulatory Law/Brazilian Flag Priority
4 INTERNATIONAL CONVENTIONS ratified by Brazilian Authorities International Convention for the Unification of Certain Rules relating to the Limitation of the Liability of Owners of Sea going Vessels and Protocol of Signature Brussels; International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages and Protocol of Signature Brussels; MARPOL Convention; International Convention for Maritime Salvage of 1989; International Convention for Civil Liability for Oil Pollution (CLC 69); International Convention to Prevent Collision (COLREG 72) e (RIPEAM 72); International Convention for Safeguard of Human Life at Sea (SOLAS 74/78).
5 Why opening a OSV BSC Brazilian Law provides that only BSC s are allowed to operate in maritime support navigation. According to ANTAQ, only a BSC can charter vessels. Priority and access to the financing facilities of the FMM (Merchant Marine Fund). Joint ABEAM/SYNDARMA, which represents more than 90% of OSV fleet. Main Special Requirements to be an OSV BSC: Incorporate a Brazilian company (corporation or limited liability company); Minimum capital for offshore support navigation R$2,5MM; Ownership or bareboat charter of at least one Brazilian vessel, or one vessel under construction at a Brazilian shipyard; Authorization from ANTAQ; Once the authorization is issued, the BSC needs to operate its Brazilian vessel.
6 OSV BSC Challenges Access to Shipbuild and dry docking in Brazil Adherence to Local Rules & Regulations Health Safety Environmental Quality (HSEQ) BSC Investment Capacity HR/Crewing Bureaucracy Onshore Logistics
7 Chartering of Foreign OSVessels Brazilian market regulation: Preference of Brazilian Flag Vessels. Charter Authorization Certificates (CAA) issued by ANTAQ are to be validated every year. ANTAQ shall authorizes the chartering of foreign OSVs when: In the lack or availability of a Brazilian flag vessel of the type and size adequate to the intended support operation (ANTAQ s circularization procedure); In replacement of vessels under construction in Brazilian shipyards, (i) with a contract in force for the maximum period of thirty-six months, and (ii) limited to the gross tonnage contracted. The Exception to the general Rule ANTAQ s authorization for chartering is not required only: On a bareboat basis, with provisional flag suspension (REB- Brazilian Special Register), limited to twice the gross tonnage of vessels of similar type under construction by a Brazilian Shipyard, added to half of the gross tonnage of the Brazilian vessels of the BSC fleet (TONNAGE SYSTEM).
8 Conclusion Although the Brazilian regulation is somewhat complex, the industry is full of successful of OSVs foreign shipping companies regularly operating in Brazilian waters. Today, there are: 25 OSV foreign companies (as BSC), with more than 220 foreign flag vessels under contract, representing approximately 47% of the OSVs in Brazil. Thank you!
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