Earlier this year, the National Agency of Waterway Transports (ANTAQ) published Normative Resolution No. 20, which approves new rules for the authorization for the construction and exploration of private-use terminal (TUP), cargo transhipment station (ETC), small-size public port facility (IP4) and tourism port facility (IPTur), revoking Resolution No. 3,290.

The new rules aim at adjusting the requirements and proceedings applicable by ANTAQ to the changes introduced by Decree No. 9,048, of 10 May 2017 (see client alert on the subject). The changes affect conditions related to the requirement of authorization, the transfer of authorization or corporate control of the authorized party, the rendering of performance bond, among other provisions, in general for greater flexibility, in line with Decree No. 9,048.

Normative Resolution No. 20 contemplates the possibility of adjusting contracts of adhesion that are currently in force to the new rules.