LP 13/2023 Seafarers Fined by Brazilian Immigration Authority for Invalid ID

SID issued under the ILO C108 won't be accepted by the Brazilian immigration authority from 1 May 2023.

With the International Labor Organization (ILO) Convention No. 185 actually came into force in Brazil from 1 May 2023, there have been Members approaching the Association asking about the impact on ships and crews calling at Brazilian ports. Meanwhile, the Association has recently seen two cases of Chinese seafarers being fined by the Brazilian immigration authority (Federal Police) for violating immigration regulations, one in Itaguai and the other in the Rio de Janeiro port. In this regard, the Association has consulted local correspondents – Representacoes Proinde Ltda and Brazil P&I – and summarized their input as follows.

I. Background

The seafarer’s Identity Documents Convention No.185 (ILO C185) was ratified by Brazil in 2010 and the revised version of C185 was enacted in 2015, according to which the outdated requirements on seafarer immigration were denounced and the seafarer’s identity document (SID) issued under the C185 should be the only travel document that is acceptable. However, the Brazilian immigration authority did not enforce the regulation until October 2020. At the height of the COVID-19 pandemic later that year, and in response to an ILO resolution on maritime labour issues, the authority relaxed the rules and granted successive grace periods for SIDs issued under the repealed convention, the last extension valid until 30 April 2023. Therefore, SID issued under the C108 were no longer accepted by the federal police from 1 May 2023.

II. Immigration controls

For vessels calling at Brazilian ports, foreign crewmembers of countries who have ratified or are signatories of the ILO C185 must hold a valid SID and crewmembers of all other countries must have a temporary visa for Brazil in their passports. Large maritime labour supply countries including the Philippines, India, Indonesia, Myanmar, and Bangladesh are all ILO C185 signatory countries.

Given that China did not ratify the ILO C185 Convention, Chinese seafarers will need to present a passport with a visit visa for short stays. In case they do not have a visa, there will likely be fines and no crew changes will be allowed in the country.

There’s an exception for Chinese seafarers on Chinese-flagged vessels. Brazil has a Maritime Transport Agreement with China, which applies to vessels flying the respective countries’ flags, or ships chartered to Brazilian or Chinese companies. The agreement provides that crewmembers possessing their national document (“Seafarer’s Passport”, in the case of China) can go ashore and disembark for emergency medical assistance but cannot leave the town where the vessel is berthed. For Chinese seafarers on FOC vessels, the federal police may not allow their entry merely with the Seafarer’s Passport.

III. Penalties

The Brazilian Migration Law established fines against travellers and carriers for violating regulations. The penalty can be increased exponentially in case of recidivism.

For crewmembers who do not have valid documents, there will be a fine at the discretion of the federal police ranging from BRL 100 to BRL 10,000 (around USD$20 – USD$2,000). In the two cases handled by the Association, the crewmembers on the two vessels were fined USD$4,500 and USD$15,000 respectively.

Fines for shipowners for carrying travellers with irregular documents are set at BRL1,000 to BRL 1 million (around USD$200 – USD$200,000).

The Association has not received any report on shipowners being fined, but will keep Member updated on further information.

IV. Advice to Members

For members and vessels that are planning to call at Brazilian port, the Association suggests that companies and ship masters keep close communication with local shipping agents to have an early and clear understanding of the Brazilian immigration controls and to make arrangements accordingly. Failure to do so may result in fines of large amount by the federal police, or even repatriation of crewmembers.

For more information, please contact Managers of the Association.