Brazilian customs regulations change

The Brazilian Customs authorities have recently authorised terminals to allow delivery of cargo upon the presentation of an Import Declaration, a copy of the Bill of Lading (front and reverse) and proof that they have paid the respective taxes,   without  the need for the importer/consignee to produce the original bill of lading. This is causing great concern amongst the local agents and shipping companies. Local agents have held meetings with the authorities involved and the discussions are ongoing.  Shipping agents can no longer block the release of cargoes via the local Siscomex system on line. Some terminals have already delivered cargoes under this new regime.

The club is seeking legal advice from local lawyers to understand what safeguards a carrier can take in order to protect their interests. We will provide an update once we receive further advice. At present, this now confirms the invidious position in which carriers now find themselves. Release of cargo against a copy of the front/reverse of the bill of lading and confirmation of payment of taxes clearly leads to enhanced risk of mis-delivery claims against carriers, with little or no recourse against terminals as they are ‘complying’ with local law.

The managers will revert with further advice in due course but members are recommended to liaise closely with their local agents and to seek appropriate legal advice as needed.