BRAZIL Law and Practice Contributed by: Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso and Lucas Leite Marques, Kincaid | Mendes Vianna Advogados
• the formulation and enforcement of national poli - cies relating to the sea; • the implementation and inspection of laws and regulations at sea and inland waterways; and • the qualification and certification of personnel for merchant marine and related activities. The DPC may also: • prepare guidelines; • regulate pilotage services, establish pilotage zones where the use of that service is obligatory and specify the vessels exempted from the service; • establish the safety crew of vessels, giving the interested parties the right to appeal when in disa - greement with the established complement; • establish the equipment and accessories that must be approved for use on board vessels and plat - forms, and establish the requirements for homolo - gation – ie, approval; • establish the minimum requirements for safety equipment and accessories for vessels and plat - forms; • establish the limits of interior navigation; • establish the requirements relating to safety and pollution prevention for vessels, platforms or sup - port installations thereof; • define maritime and interior areas for the con - struction of temporary refuges where vessels can anchor or beach for performance of repairs; • execute surveys, either directly or through delega - tion to specialised entities; • support the Admiralty Court and the Special Navy Prosecutor’s Office regarding inquiries into naviga - tional accidents or facts; • manage the Maritime Professional Education Development Fund; • organise and maintain the Maritime Professional Education System; • exercise the functional supervision of the port cap - taincies and river captaincies, and their respective offices and agencies; and • maintain exchanges with public or private entities, both domestic and foreign, and represent the navy at gatherings related to matters under its responsi - bility.
For example, port state control may stop vessels from sailing if there is any risk to navigation, life or the envi - ronment. It should also provide assistance to the Port Authority and Environmental Agencies in environmen - tal matters. Wreck removal is regulated by Law No 7,542/86, which grants the Brazilian maritime authorities, or any other authority with delegated powers, the power to order wreck removal by the responsible party if a wreck is deemed to be a danger or an obstacle to navigation, or to threaten damage to third parties or the environment. Navy Ordinance NORMAM-221 also establishes the requirements for obtaining a permit for a wreck removal. 1.3 Domestic Legislation Applicable to Ship Registration In Brazil, there are two types of registrations for ves - sels: the Brazilian ownership registration and the Spe - cial Brazilian Registry (REB). Registration in the Brazilian Vessel Ownership Regis - try is mandatory for all Brazilian vessels that have a gross tonnage of 100 or more employed in any kind of navigation. For vessels below this threshold of ton - nage, the Ownership Registry is not handled by the Admiralty Court but by the port captaincy with juris - diction over the vessel. The REB is a secondary registry applicable to Brazil - ian vessels or to foreign vessels chartered by Brazilian Shipping Companies (EBNs) and authorised to oper - ate under this regime, which provides specific legal and tax benefits. Law No 7,652/88 is the main legislation applicable to the Brazilian ownership registration, while Law No 9,432/97 is the main legislation applicable to the REB registration, together with the ordinances from the Admiralty Court. 1.4 Requirements for Ownership of Vessels The Brazilian registry is only available to Brazilian nationals and companies incorporated under Brazil - ian law. There is an exemption to this rule, related to the registration of yacht and leisure vessels, which could be registered under the Brazilian registry even
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