Shipping 2025

BRAZIL Law and Practice Contributed by: Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso and Lucas Leite Marques, Kincaid | Mendes Vianna Advogados

under construction at the REB, which is used mostly to grant tax benefits to the hull’s con - struction. 1.5 Temporary Registration of Vessels Temporary registration is allowed for foreign- flagged vessels under bareboat charter to Brazil - ian shipping companies that hold the necessary tonnage, with temporary suspension of the flag of origin. Dual registration of Brazilian vessels is provided for under Brazilian law. Therefore, Brazilian law authorises those vessels that are genuinely Brazilian to fly the Brazilian flag, as well as foreign vessels that are bareboat- chartered into Brazil with suspension of their original flag. 1.6 Registration of Mortgages Registration of ship finance agreements is not mandatory in Brazil, but encumbrances over vessels, such as mortgages, must be issued as a deed by a notary (a maritime notary if available in that jurisdiction) and further registered before the Admiralty Court, if related to a Brazilian-flagged vessel, in order to be considered valid and in effect in Brazil. All maritime mortgages over Brazilian-flagged vessels must be constituted through a public deed and registered with the Admiralty Court. The information required to register a mortgage through a public deed is as follows: • the amount of credit – an estimate or maxi - mum amount thereof; • the term established for repayment; • the rate of interest, if applicable;

• the vessel’s specifications, such as gross ton - nage, deadweight tonnage and other identify - ing data; and • the certificate of insurance of the vessel. 1.7 Ship Ownership and Mortgages Registry Information related to ownership and encum - brances over vessels can be obtained by any third party through certificates issued by the Admiralty Court. Information related to financ - ing documents and other types of guarantees is usually registered in the Titles and Deeds Registry, and would also be available through a request for certificates. 2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Brazil is not a signatory to the International Con - vention on the Removal of Wrecks, but has rati - fied the following maritime conventions related to pollution: • the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC/1990); • the International Convention for the Preven - tion of Pollution from Ships (MARPOL) 73/78; • the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC/69); and • the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (CCAIMO). Brazil has several domestic laws that regulate liability and procedures in case of wreck removal and pollution.

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