Proinde

Brazilian immigration authority has broadened visa exemption for holders of the Chinese Seafarer Passport on vessels flying the flags of PRC’s administrative zones and autonomous regions

Background

As discussed in this article, under the Brazil-China Agreement on Maritime Transport, Chinese seafarers employed on board Chinese-flagged vessels were allowed to enter Brazil without a visa. However, they were still required to obtain a visa if they were arriving by air to join a ship or disembark for repatriation, unless the airport of arrival or departure was in the same city as the port where the vessel was docked. Disembarkations for medical assistance remain permitted.

Previously, the Brazilian immigration authority (Federal Police) interpreted the Agreement restrictively, limiting the visa-waiver policy to Chinese seafarers signed on ships flying the flag of the People’s Republic of China, including its provinces, autonomous regions, and direct-administered municipalities. Nevertheless, this exemption did not extend to crews on vessels registered in China’s special administrative regions (SAR) of Hong Kong and Macau, nor to those from Taiwan. In these cases, the Federal Police applied immigration fines for each crewmember without a visa, with the amounts increased exponentially for repeat offences.

New interpretation

Given that China is by far Brazil’s largest trade partner and considering the significance of Chinese seafaring to global maritime commerce, the Federal Police consulted with the Brazilian Ministry of Foreign Affairs, which issued the following directives:

There is no doubt as to the applicability of the Agreement in relation to the autonomous regions of Guangxi, Inner Mongolia, Ningxia, Xinjiang and Tibet (Xizang)

In light of the “One China” policy and the renewed efforts of the Chinese government regarding the implementation of the Agreement to vessels from the PRC’s autonomous and administrative regions, it is understood that the Beijing government recognises the maritime authorities of Macau, Hong Kong and Taiwan as competent to issue seafarers’ identity documents under the Agreement

However, the Brazilian embassy in Beijing reported that the PRC government wishes to renegotiate the Agreement to extend its application to seafarers of Chinese nationality regardless of the flag of the vessel they are engaged on as crewmembers. The issue will be discussed in coordination between the diplomatic authorities of the two countries

Accordingly, the Federal Police issued a circular advising that, based on the reviewed stance of the Brazilian government, the visa-exemption application of the Agreement extends to the autonomous regions of Guangxi, Inner Mongolia, Ningxia, Xinjiang and Tibet, as well as to Macau, Hong Kong and Taiwan. Therefore, shipowners carrying Chinese seafarers on board vessels flagged in these territories will no longer be subject to fines, provided that their stay in the country does not exceed 90 days.

Pending and previous cases

Due to the Brazilian state’s new interpretation of the Agreement, it is anticipated that the Federal Police will review and accept pending administrative appeals and cancel any immigration fines that have been levied but not yet been collected.

On the other hand, shipowners who have already paid fines due to having Chinese crews on board Hong Kong, Macau, or Taiwanese-flagged ships now have an opportunity to commence legal proceedings against the immigration authority to seek reimbursement for the fines paid.

Condition of entry

Foreign crew members of any nationality aboard vessels staying in Brazil for longer than 90 consecutive days within a migratory year (12 months from the first entry) must obtain a long-term visa from a Brazilian embassy or consulate abroad that corresponds to the intended length of their stay.

Regardless of any visa policies in place, shipowners remain legally liable for ensuring that crewmembers, supernumeraries and passengers possess the necessary travel documents. The Federal Police are entitled to demand proof of a seafarer’s legitimacy, purpose, and financial standing. This issue is typically addressed through shipping agents’ undertaking to defray costs incurred during the seafarers’ stay, as well as their welfare and repatriation expenses.

The immigration authority retains the discretion to limit the length of stay for visiting seafarers, irrespective of the applicable visa regime in effect. Permission to enter the country is granted without prejudice to the shipowners’ responsibilities arising from the ILO Maritime Labour Convention (MLC 2006).

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