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Ports and coastal shipping in Brazil: port leases, private terminal authorizations and the BR do Mar cabotage opening

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Last verified: 2026-10-27 · Status: Stable

Inside public port areas, private operators win concessions and leases through ANTAQ auctions; outside them, anyone can apply at any time for a private terminal authorization of up to 25 years, renewable. Coastal shipping is reserved to Brazilian shipping companies, but the 2022 BR do Mar law let them operate with chartered foreign vessels, freeing bareboat charters with flag suspension from January 2026. Port and shipping deals therefore hinge on the grant type and ANTAQ procedures rather than on foreign ownership limits.

Key facts

Maximum term of a private port terminal authorization (renewable)	25 yearsLei nº 12.815 art. 8 § 2, as of 2026-10-27 · in force
Public announcement period after a terminal application	30 daysLei nº 12.815 art. 9 § 1 II, as of 2026-10-27 · in force
Months after which bareboat chartering of foreign vessels for cabotage became free	48 monthsLei nº 9.432 art. 10 § 3, as of 2026-10-27 · in force
Charter period for special cabotage operations under BR do Mar	36 monthsLei nº 14.301 art. 5 § 1 V, as of 2026-10-27 · in force

The rule

1. The Union runs ports directly or indirectly. Inside an organized public port, indirect operation is by concession or lease of public property; facilities outside the organized port operate under authorization. All grants go to legal entities that show capacity to perform them at their own cost and risk.Lei nº 12.815 (Ports Law), Art. 1 §§ 1 to 3, 2013-06-05 official text · verified 2026-10-27

2. A concession of an organized port, and leases inside it, are always preceded by bidding, judged on the largest handling capacity, the lowest tariff, the shortest handling time or other criteria in the notice, alone or combined, and may use the auction format. ANTAQ prepares the notice and runs the bidding, unless the grantor transfers that to the port authority. The grantor may let a lessee expand into a contiguous area inside the port when it proves efficiency gains.Lei nº 12.815, as amended by Lei nº 14.047 of 24 August 2020, Arts. 4 and 6 §§ 1, 2, 5 and 6, 2013-06-05 official text · verified 2026-10-27

3. Facilities outside the organized port (private use terminals, cargo transshipment stations, small public port facilities and tourism facilities) operate under an authorization preceded by a public call or announcement, formalized in an adhesion contract. The authorization lasts up to 25 years and is renewable for successive periods if port activity continues and the holder makes the investments needed for expansion and modernization.Lei nº 12.815, as amended by Lei nº 14.047, Art. 8 I to IV and §§ 1 and 2, 2013-06-05 official text · verified 2026-10-27

4. Interested parties may apply to ANTAQ for a terminal authorization at any time. ANTAQ publishes the request and opens a 30 day public announcement to find other interested parties in the same region. Authorizations are issued directly when there is a single interested party or no locational conflict; where proposals conflict, ANTAQ runs a public selection on capacity, tariff or handling time.Lei nº 12.815, Arts. 9 § 1 and 12 §§ 1 to 3, 2013-06-05 official text · verified 2026-10-27

5. Foreign vessels may carry cargo in cabotage, inland navigation within Brazil, port support and offshore support only when chartered by Brazilian shipping companies, unless an international agreement grants reciprocal access.Lei nº 9.432 (waterway transport), Art. 7, 1997-01-08 official text · verified 2026-10-27

6. Brazilian shipping companies may bareboat charter one foreign vessel with flag suspension for cabotage without any shipbuilding contract or own fleet, rising to two vessels after 12 months, three after 24 and four after 36 months; from 48 months the bareboat charter of foreign vessels with flag suspension for cabotage is free, subject to safety rules. Companies may operate cabotage with these chartered vessels alone, and vessel counts are measured across the charterer's economic group.Lei nº 9.432, art. 10 §§ 1 to 7 included by Lei nº 14.301 of 7 January 2022, Art. 10 §§ 1 to 4 and 7, 2022-01-07 official text · verified 2026-10-27 · changed: Lei nº 14.301 (BR do Mar), in force on 7 January 2022, phased in free bareboat chartering of foreign vessels for cabotage over 48 months, so from January 2026.

7. A company enabled under BR do Mar may time charter vessels owned or bareboat chartered by its own wholly owned foreign subsidiary, or by that of another Brazilian shipping company, to expand tonnage, replace vessels under construction (up to 200 percent of the tonnage for vessels built in Brazil and 100 percent for those built abroad, for 6 months renewable up to 36 months), serve long term transport contracts or run special cabotage operations for up to 36 months, extendable by 12.Lei nº 14.301 (BR do Mar), Art. 5 caput and § 1, 2022-01-07 official text · verified 2026-10-27

Worked example

A foreign terminal operator wants a grain export terminal outside an organized port: it files the request with ANTAQ at any time, ANTAQ runs a 30 day public announcement and, absent a locational conflict, issues the authorization through an adhesion contract for up to 25 years, renewable while operations and investments continue (Lei nº 12.815 arts. 8, 9 and 12). To move the grain along the coast, its Brazilian shipping affiliate may bareboat charter foreign vessels with flag suspension freely since January 2026 (Lei nº 9.432 art. 10 § 3).

Step by step

1. Decide between a lease inside an organized port (bid in an ANTAQ auction) and a private terminal outside it (authorization on request).
2. For an authorization, prepare the adhesion contract draft, technical description and investment schedule; ANTAQ may require guarantees.
3. Obtain environmental licences and, inside ports, align with the port development and zoning plan.
4. For cabotage, register a Brazilian shipping company and plan fleet through charters under Lei nº 9.432 and BR do Mar.
5. Keep investment schedules: ANTAQ can sanction delays, up to cancelling the authorization.

Common traps

A lease inside the organized port cannot be obtained without bidding; private terminals cannot sit inside the organized port area.
Missing the investment schedule of a terminal authorization can lead to sanctions, including cancellation (art. 8 § 3).
Foreign vessels without a Brazilian charterer cannot carry domestic cabotage cargo absent a reciprocal treaty.
BR do Mar charter rights are lost if the company loses its enablement, and the foreign vessel must leave the country (Lei nº 14.301 art. 10).

Sources

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