Brazil – Immigration Fines for Overstaying Crew
29 July 2016
Members who call at ports in Brazil will be aware that issues can arise in relation to delays. Whilst the immediate concern of Owners/Charterers may be the demurrage accruing under the relevant charter, Members should note a potential problem arising in relation to crew overstaying the maximum 30 days from the first point of entry. Proinde, a Correspondent in Brazil, has recently highlighted this in their Circular, which includes information on the procedure for visa renewal and/or extensions to ‘allowed stays’, and the level of fines for failing to address the issue in time. Click here to access a copy of Proinde’s Circular and here for a sample immigration entry-exit card.
Owners should liaise with their local agent to ensure that the expiration dates on crew immigration cards are not missed. A crewmembers’ ‘allowed stay’ can be extended, but the Correspondent advises that it is prudent to factor in five days to complete the formalities. Members should also bear in mind that an extension tax is payable on every application. Should crew overstay then both the crewmember and the Owner will be subject to a fine which will be based on the number of days of overstay. Contractual counterparties should give due thought to the allocation of risk for the bearing of these potential additional costs when negotiating a charter.