Brazilian government issues new rules for ports

The Brazilian government has made a series of changes to the way it will deal with potential requests to review lease agreements for organized ports. Within these ports, areas are leased to different companies, such as terminals for the loading and unloading of shipping containers. 

The new rules open up space for changes and expansions which favor current lessors, without the need for bidding processes. The federal government may, for example, expand areas for current tenants without the need for a new acquisition process, or grant different, more commercially attractive areas to companies in exchange for already leased spaces which have their use hindered in some way. 

Meanwhile, there are more incentives for extending binding contracts—even with companies in administration—whenever there is a demonstration that this alternative is more efficient than holding a new bidding process. Furthermore, current contracts may be reviewed to include clauses foreseeing successive extensions. 

Other important points

• Requests to substitute areas may come from the government itself, without the involvement of the...