Our team has prepared a summary on the main business opportunities in Brazilian ports. Below are the main opportunities that have been announced, are preparing to take effect, or are currently in progress.

OPEN TENDERS FOR LEASE IN SIX AREAS

On March 2, 2024, ANTAQ published the tender for the first block of port terminals to be leased in 2024. The auction is scheduled for May 23.

The block in question covers six areas, four of which (REC04, REC08, REC09 and REC10) are located in the Recife Port (Pernambuco). Meanwhile, the RDJ06 terminal is located in the Rio de Janeiro Port, and the RIG10 terminal is in the Rio Grande do Sul Port. Each terminal will be leased under the simplified model with a maximum term of 10 years and no possibility of extension.

(i) REC04: Movement and storage of solid bulk and general cargo, with direct investments expected to be around BRL 3.6 million;
(ii) REC08: Movement of solid vegetable bulk, with expected investments of around BRL 50.9 million;
(iii) REC09: Movement and storage of solid bulk and general cargo, especially rice, with an estimated investment of BRL 2.2 million;
(iv) REC10: Movement and storage of solid bulk and general cargo, with expected investments of almost BRL 3 million;
(v) RDJ06: Movement and storage of liquid general cargo, with investments of BRL 22.2 million expected;
(vi) RIG10: Movement and storage of general cargo, with expected investments of BRL 7.8 million.

According to ANTAQ, the total amount to be invested in these areas is BRL 89.7 million.

PREPARATORY PROCEEDINGS FOR FUTURE TENDERS

a) The Port Authority responsible for managing public ports in the state of Rio de Janeiro published two tenders, with the aim of identifying legal entities—under public or private law—interested in presenting projects to be implemented at Porto do Forno (Tender No. 01/2024), located in Arraial do Cabo, and at Porto de Angra dos Reis (Tender No. 02/2024), both located in the state of Rio de Janeiro.

The aim of the tenders is to identify the potential uses for those port areas, in order to assist the Port Authority in preparing future tender procedures.

b) On April 1, ANTAQ held Public Hearing No. 01/2024, with the aim of receiving contributions, subsidies, and suggestions for improving the technical and legal documents relating to the tenders for the lease of port terminal VDC04, located in the Vila do Conde Port, Pará.

The auction in question will have the highest grant value as a criteria, with an investment forecast of BRL 13 million. The lease is characterized as simplified, and has a 10-year contract with no possibility of extension.

c) On March 7, ANTAQ approved the opening of a public consultation and public hearing for port terminals RDJ07, MCP01 and MUC04.

The public consultation for RDJ07 (located in Rio de Janeiro Port, state of Rio de Janeiro) will be from March 25 to May 8, 2024. The terminal moves offshore support cargo, and will receive an investment of BRL 101.7 million during the course of the 25-year contract.

There is still no forecast for the opening of the public consultation for MCP01 (Santana Port, Amapá), which will move and store solid vegetable bulk, especially wood chips. A total of BRL 84.6 million will be invested over 25 years.

The public consultation period for MUC04 (Fortaleza Port, Ceará) will be from March 21 to May 19, 2024. The estimated investment for the terminal, which will move and store containers, is BRL 360.7 million.

FORECAST OF FUTURE TENDERS

Forecasting future tenders, in addition to the 16 lease bids by the federal government—totaling BRL 8.2 billion—ANTAQ plans to hold tenders for three projects in Paranaguá, with BRL 3.5 billion in investments. Until 2026, the Ministry of Ports and Airports expects to hold 35 auctions, attracting R$14.5 billion in investments.

The most awaited projects are the mineral dry-bulk terminal in Itaguaí (Rio de Janeiro), with BRL 2.73 billion; the Itajaí (Santa Catarina) port, with BRL 2.87 billion in investments; and the dredging of the Paranaguá (Paraná) access channel, with more than BRL 1 billion in investments.

Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2024. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.