We are delighted to advise you on a significant development for Hong Kong shipowners and operators employing Chinese seafarers. The scope of the Brazil-China Maritime Transport Agreement to cover Chinese seafarers working on Hong Kong-flagged vessels is expanded to cover the following:

Key Points of the Visa Exemption Expansion

• Visa Exemption Coverage:
  Effective immediately, Chinese seafarers holding a Chinese Seafarer Passport and serving on vessels registered in Hong Kong (as well as Macau and other Chinese administrative and autonomous regions) are now exempt from Brazilian visa requirements for stays up to 90 days per visit, when calling at Brazilian ports.
• Immediate Relief from Fines:
  Under this new interpretation, Brazilian authorities will no longer issue Infraction Notices (AINs) or impose fines against shipowners for carrying Chinese crew on Hong Kong-flagged ships.
• Pending Administrative Cases:
  For cases where fines were previously imposed and are still within the administrative defence or appeal period, the Brazilian Federal Police Immigration Division has been instructed to accept appeals and contestations. Members with such pending cases should act swiftly to submit their defences within the required deadlines.
• Reimbursement of Previously Paid Fines:
  Shipowners who have already paid fines for carrying Chinese seafarers on Hong Kong-flagged vessels may now pursue reimbursement through judicial action. The Brazilian government’s new stance provides a solid legal basis for recovering unduly paid amounts.
• Operational Scope:
  This exemption applies only to seafarers’ stays in Brazil not exceeding 90 days. For longer stays, a suitable visa must still be obtained prior to arrival.

Further action members may consider:

• Review Past Cases:
  Members are encouraged to review records of any fines paid or pending for carriage of Chinese seafarers on Hong Kong-flagged ships in Brazil since the previous restrictive interpretation.
• Initiate Appeals or Reimbursement Claims:
  • For pending fines: Submit administrative appeals as soon as possible.
  • For paid fines: Consult your legal counsel or local agent regarding judicial procedures for reimbursement.
• Liaise with Agents:
  Ensure local agents and correspondents are aware of the new policy to avoid unnecessary delays or misunderstandings at Brazilian ports.

This policy change is expected to facilitate smoother and more cost-effective operations for Hong Kong-flagged vessels in Brazilian waters. For more details, please see the attached circular. You may also seek more information from your local agents in Brazil.

We would like to take this opportunity to thank all the members who have contributed to the Association efforts through the China Sub-committee, the Maritime Personnel, Education and Training (MPET) Sub-committee, and our delegation visits. Thank you for their tireless work in achieving this groundbreaking outcome!

BRAZIL P&I CIRCULAR 003_2025 – BRAZIL EXPANDS VISA EXEMPTION TO CHINESE SEAFARERS