Course on Port Regulation

PRESENTATION

The Brazilian port system has undergone profound transformations since the 90’s, with the enactment of Law 8,630/93. An activity of extreme importance to the country’s foreign trade and development, its regulation has been a constant change target.

The Agência Porto Consultoria Portuária presents an in-company course precisely to make a diagnosis of these changes, providing the student with a systemic view of these changes in the regulatory framework, allowing an analytical view on the day-to-day regulatory impacts of the terminal operation.

This course is aimed at employees who need to be clear about which regulatory agents, how they interfere with the operation of the terminal, what are the consequences of eventual legal, financial and operational problems with respect to regulation.

The course is structured in modules so that it can be customized to the client and their needs.

The modules will be given by the partners of Agência Porto Consultoria and by invited consultants with a great knowledge on port regulation.

PROGRAM CONTENT

Module 1 – Ports and Terminals and the New Port Regulatory Framework
1. The exploration models of port activity and the development of regulation models.
2. Law 8,630/93: Modernization of Ports Law
3. The institutional and regulatory model of the port sector under Law 8,630/1993
4. The New Regulatory Framework: Law 12,815/2013 and the main changes in relation to Law 8,630/1993
5. The Decree of Ports: Decree 9,048/2017
6. The main regulations of ANTAQ and SNP/MInfra
7. Standard of pre-qualification of port operator
8. 20-year balance sheet of a regulated market: advances and setbacks
9. Future: the regulatory challenge in sustaining the growth of the port sector
WORKLOAD: 4 class hours

Module 2 – Public Policies x Regulation: the role of the Granting Authority and the Regulatory Agency
1. Definition of Granting Authority
2. The Granting Authority in the legal norms: Law 8,630/1993 e Law 12,815/2013
3. The creation of SEP; SNP and SNPTA and their impacts on public-port policy
4. Creation of the Ministry of Infrastructure – Decree 9,676, of January 2, 2019
5. Definition of Regulatory Agency
6. Regulatory Agencies in Brazil
7. International Experiences with Regulatory Agencies
8. The creation of ANTAQ
9. Attributions of ANTAQ
10. Merger of regulatory agencies in the transport sector
11. Entities involved in the Port Sector and its regulatory conflicts
WORKLOAD: 6 class hours

Module 3 – The New Regulatory Framework: Law 12,815/2013 and the main changes in relation to Law 8,630/93
1. Provisional Measure (MP) 595 and its definitions
2. Major changes between MP 595 and Law 12,815/2013
3. Law 8,630/93 x Law 12,815/2013: what has changed?
4. Decree 8,033/2013 and Decree 9,048/2017
5. Decree 7,860/2012 and CNAP
6. Decree 7,861/2012 and CONAPORTOS
7. Recomposition of the Economic-Financial Balance of Lease Contracts
8. Preliminary Extension x Ordinary Extension: New Investments
9. Leased Area Expansion
WORKLOAD: 4 class hours

Module 4 – TUP, ETC, IPT and IP4
1. Concept
2. Private port facilities:
(i) Private Use Terminal (Terminal de Uso Privado – TUP)
(ii) Cargo Transhipment Station (Estação de Transbordo de Carga – ETC)
(iii) Tourism Port Facility (Instalação Portuária de Turismo – IPT)
(iv) Small Public Port Facility (Instalação Portuária Pública de Pequeno Porte – IP4)
3. Definition of TUP, ETC, IPT and IP4
4. Applicable Legislation: Laws, Decrees and Resolutions with emphasis on:
a. Law 12,815, of June 5, 2013
b. Decree 8,033, of June 27, 2013
c. Decree 9,048, of May 10, 2017
d. Normative Resolution nº 20, of May 15, 2018
5. Institutionality of the Port Sector in the Granting Process
6. Attributions of ANTAQ and MInfra
7. Procedures and Schedule for authorization of TUP, ETC, IPT and IP4
WORKLOAD: 5 class hours

Module 5 – Ordinance MINFRA nº 530, August 13, 2019
1. CHAPTER I – CONCEPTS AND COMPETENCES
a. Concepts
b. Competences

2. CHAPTER II – CONTRATUAL CHANGES
a. General Standards
b. New Investments Authorization
c. Investments in Common Port Infrastructure
d. Urgent Investments Authorization
e. Load Type Chance
f. Expansion or Reduction Area
g. Substitution of Area
h. Unification of Contracts
i. Revision of Contract Investment Schedule
j. Procedure

3. CHAPTER III – EXTENDING CONTRACTS
a. General Standards
b. Conditions and Requirements for Extension
c. Procedure

4. CHAPTER IV – RECOMPOSITION OF ECONOMIC AND FINANCIAL BALANCE CAUSED BY PREVIOUS EVENT
a. General Standards
b. Procedure
c. Recomposition of Economic and Financial Balance caused by Term Change

5. CHAPTER V – IMPLEMENTATION OF NEW INVESTMENTS

6. CHAPTER VI – BUSINESS NAME CHANGE, TRANSFORMATION, OWNERSHIP TRANSFER AND CORPORATE CONTROL TRANSFER
a. Business Name Change
b. Transformation
c. Ownership Transfer
d. Corporate Control Transfer

7. CHAPTER VII – FINAL AND TRANSITIONAL PROVISIONS

WORKLOAD: 10 class hours

Specific Module 1 – Challenges for installing Floating Storage and Regasification Unit (FSRU) terminal in public and private ports
1. FSRU Operation in Brazil
2. Relevant port legislation:
a. Law 12,815/2013
b. Decree 9,048/2017
c. Normative Resolution nº 13/2016
d. Normative Resolution ANTAQ nº 20/2018
3. Possible FSRU terminal exploration models
4. Advantages and disadvantages
5. Impact on FSRU operations in public port
6. Final considerations
WORKLOAD: 7 class hours

Specific Module 2 – Privatization of Public Ports
1. The exploration models of port activity
2. Port activity exploration forms in Brazil
3. History of the implantation of the ports in Brazil: Port of Rio de Janeiro, Port of Belém and Port of Santos
4. Concession of Public Ports to private initiative
5. Types of port concession
6. Advantages and Disadvantages in the concession of ports
7. Privatization proposals for the port sector
8. Final considerations
WORKLOAD: 5 class hours

Specific Module 3 – Decentralization of competences to Port Administrations
1. The creation of the Ministry of Infrastructure
2. The edition of the Ordinance MTPA nº 574/2018:
a. Contextualization
b. Objectives of the Ordinance MTPA nº 574
c. Competences subject to delegation
d. Formalization of decentralization and expiration date
e. Convenience and timeliness of decentralization
f. Port Administration obligations after decentralization
g. Delegation of the management of leases
h. Port Authority Management Index (Índice de Gestão das Autoridades Portuárias – IGAP)
i. Essential requirements for delegation
j. Additional requirements for the delegation of powers to draw up the tender notice and to carry out tendering procedures
k. Additional requirements for delegation of powers to conclude and manage leases and/or supervision of the implementation of such instruments
l. Request for decentralization
m. Technical committee
3. Final considerations
WORKLOAD: 5 class hours

Specific Module 4 – Multimodal Transportation Operator
1. Concept
2. Definition of Multimodal Transport of Cargoes, modal and modality
3. Covered services
4. Difference between Multimodal and Intermodal Transport;
5. Advantages of Multimodal Cargo Transport
6. Legislation
7. Laws, Decrees and Resolutions, especially:
(i) Law 9,611 of February 19, 1998
(ii) Decree 3,411, of April 12, 2000
(iii) Decree 1,563 of July 19, 1995
(iv) Resolution nº 794 of November 22, 2004
8. ANTT’s responsibilities in relation to Multimodal Cargo Transport
9. Enabling the Multimodal Transport Operator (Operador de Transporte Multimodal – OTM)
10. Requirements and qualification scope
11. List of OTM enabled
12. Renewal of qualification
13. Knowledge of Multimodal Cargo Transport
14. Multimodal Cargo Transport Operator (Operador de Transporte Multimodal de Cargas – OTM)
a. Definition of OTM
b. Requirements and responsibilities
c. Difference between OTM and Logistic Operator
15. Challenges and perspectives of Multimodal Cargo Transport
WORKLOAD: 7 class hours

Specific Module 5 – Concepts of Financial Mathematics for Port Lease Contracts
1. Basic concepts of financial mathematics:
a. Simple Interest
b. Compound interest
c. VPL, IRR, ROI, ROA EVA, PayBack and Cash Flow
d. Working capital
e. CAPEX
f. OPEX
2. Concept of risk management:
a. What is risk?
b. Why do we care about risk?
c. Main tools for calculating risk
d. WACC concept
e. Concept of Equity (CAPM)
f. Third-Capital Concept
g. WACC calculation
h. WACC Discount Rates defined by ANTAQ/Ministry of Finance – MF
3. Application of WACC in Lease Agreements:
a. Analysis of Technical Note 17/2007 – ANTAQ
b. Analysis of calculation memory NT 17/2007 and NT 25/2009 – ANTAQ
c. Applying the WACC in the discounted cash flow in the leases port sector
d. Case analysis.
WORKLOAD: 4 class hours

METHODOLOGY
The course will be taught in an expositive manner by the team of Agência Porto Consultoria but with openness for discussions on important points, encouraging the participants to present their ideas and doubts. Participants will also be encouraged to develop logical reasoning from exposing problems.

In addition to the expository presentation, the works include the preparation and delivery, by e-mail, of presentation on the topics of the course.

COURSE LOCATION
At the headquarters of the Contracting Company. In this hypothesis, all the expenses of transportation, food and stays of the team will be added to the price.

COURSE CONTRACTING
The course can be contracted in its entirety or by modules, according to the needs of the client.

NUMBER OF PARTICIPANTS
Up to 20 participants.

Contact our team