Title
Brazil visa rules for non-ILO seafarers
Law
Mia Marina Flag State Administration Advisory No. 2011-04 S. 2011
Decision Date
Apr 25, 2011
Brazil imposes new immigration regulations requiring Filipino seafarers from non-signatory countries to the ILO Convention 185 to secure visas before embarking on vessels, or face penalties and restrictions on disembarking during port calls.
imposition of
fines
foreign seafarers

Legal basis and trigger event

  • The advisory is issued pursuant to a Circular of the Coordination General for Immigration Police (CGPI), Department of Federal Police of Brazil.
  • The Brazilian circular covers procedures for the implementation of immigration control.
  • The Brazilian circular took effect on 01 April 2011.
  • The advisory is directed to avoid the imposition of penalties under the Brazilian immigration control procedures.

Purpose and compliance objective

  • The advisory directs concerned parties to comply with new regulations.
  • Compliance is required to avoid the imposition of penalties imposed by Brazil on foreign seafarers.
  • The advisory establishes category-based rules for Brazil-bound Filipino seafarers to guide port-call conduct in Brazil.

Visa rules for ILO Convention 108 statuses

  • Seafarers holding a Seamanas book or passport stating their status/condition issued by a signatory country of ILO Convention 108 are exempt from visa requirements.
  • Signatory-status seafarers holding the required Seamanas book or passport are authorized to leave the vessel during its stay in a port of embarkation.
  • Seafarers holding a Seamanas book or passport stating their status/condition issued by a country not signatory to ILO Convention 108 are prohibited from disembarking and leaving the vessel.
  • Non-signatory-status seafarers face proceedings against a foreigner for disembarking and leaving the vessel.
  • Non-signatory-status seafarers must be registered in the system of inaccessible persons, including the respective justifications, with no action required against the transporter/owner of the vessel.

Additional exception for non-signatory seafarers

  • The restrictions applicable to the second (non-signatory) category do not apply to a foreigner who, even without a valid Seamanas book, presents a valid travel document and a visa when required.
  • Such a foreigner is therefore not barred by the second-category restriction when the required travel document and visa are presented.

Obligations of shipping and related entities

  • All shipping companies, operators, charterers, and all other entities concerned must secure an appropriate visa for all Brazil-bound Filipino seafarers.
  • The visa must be secured at the Brazilian Embassy in Manila.
  • The visa must be secured prior to embarkation.
  • The secured visa is required so seafarers are allowed to disembark during ports calls within Brazil.

Time of effect and compliance directive

  • The advisory contains a direct compliance instruction: “For compliance by all concerned.”
  • The advisory becomes effective immediately upon adoption: April 25, 2011.

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