New Decree Regulates "Navegue Simples" Program for the Port Sector

On June 18, 2024, Brazil’s National Agency of Waterway Transportation (“ANTAQ”) and  Ministry of Ports and Airports (“MPor”) launched the "Navegue Simples" Program, aiming to reduce bureaucracy, innovate, and simplify port concessions in all modalities.

The program will seek to identify inefficiencies and opportunities for improvement in order to deliver redesigned and simplified processes related to the regulated activities of the port sector. A shorter time and lower cost to obtain a port concession are expected as a result of better processes and rules and communication compatible with the needs of the port sector and investors. 

The first two stages of Navegue Simples focus on (i) authorizations for Private Use Terminals (TUPs) and (ii) terminal leases. With regard to (i), in July 2023, ANTAQ began seeking subsidies to simplify the authorization processes for TUPs. With regard to (ii), on the same day that the program was launched, ANTAQ launched the Call for Subsidies No. 01/2024, which aims to modernize the regulation of port leases through simplifying processes, reducing bureaucracy.

The Call for Subsidies No. 01/2024 will run until July 17, 2024, with applications made via this form.

In order to formalize this initiative, on June 25, 2024, Decree No. 12,078/2024 ("Decree") was published, establishing the Navegue Simples Program. According to the Decree, an Inter-institutional Technical Committee will be created to promote, support, and monitor the implementation of the program and carry out the inter-institutional coordination necessary for the development of the program’s activities.

In summary, according to the Decree, in addition to improving processes and reducing the costs and time to obtain concessions, the program's objectives are to (i) innovate and improve the efficiency of contract management; (ii) promote the reduction of regulatory and administrative burdens; (iii) boost coordination to promote greater efficiency, innovation, and socio-environmental sustainability and climate resilience; (iv) stimulate competitiveness and competition in port activities supported by concession contracts; (v) foster, disseminate, and implement activities for (a) research, development, and innovation in the port sector and (b) the adoption and transfer of applicable technologies, especially those dedicated to improving port governance, the port-city relationship, and the effects of climate change; and (vi) stimulate the reduction of greenhouse gas emissions from port activities and encourage the port infrastructure necessary to support measures to decarbonize maritime navigation.

The Decree also provides that MPor may execute instruments such as partnership terms, technical cooperation terms, agreements, and decentralized execution terms with (i) federal, state, district, and municipal public bodies and entities; (ii) private entities; (iii) international organizations; (iv) service organizations; and (v) civil society organizations. 

The Navegue Simples Program will be permanent and structured in successive four-year cycles.