ANTAQ has approved a precautionary measure suspending the collection of demurrage or detention fees for the late return of containers when the delay is caused by external factors beyond the user’s control, such as the Federal Revenue Service strike or logistical bottlenecks at port terminals. The decision originated from a proceeding initiated by two importers who argued that they were unable to return containers within the free-time period due to the strike by the fiscal authority and operational overload in the ports. The agency formalized its position in Ruling No. 521/2025, which establishes that events of force majeure or unforeseen circumstances occurring during the free-time period suspend the countdown for the expiration of that period, preventing the start of demurrage charges. In practical terms, if a user fails to return a container because they were prevented from doing so by circumstances outside their control, the fee cannot be imposed.
In addition to the precautionary decision, ANTAQ reported that in September alone it prevented approximately R$ 17 million in charges considered improper, as a result of 60 conciliation hearings that achieved an 81% settlement rate between users and shipping lines or terminals. This reflects a regulatory effort aimed at providing greater predictability to the sector, acknowledging legitimate impediments, and preventing abusive fee collection.
The practical impacts of this measure are significant. Importers and exporters now have greater legal certainty when demonstrating that delays were caused by strikes, operational failures, or other obstacles not attributable to the user. Shipping lines and terminals, in turn, are expected to review their practices and contractual terms to avoid charges that may be annulled by the agency. Within the broader logistics environment, ANTAQ’s stance contributes to a more balanced framework, reducing asymmetries between users and operators and establishing clearer conditions for the application of demurrage fees.
Nevertheless, this is a specific precautionary decision and does not eliminate demurrage charges in cases where delays stem from the user’s own responsibility. The continued effectiveness of this interpretation will depend on active oversight by the agency and the further consolidation of regulatory standards in similar situations. Even so, the current position represents a significant step toward protecting users and promoting greater transparency in the logistics dynamics of Brazil’s foreign trade.
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