ANTAQ publishes new Resolution regarding authorization procedure for construction and operation of a private-use port terminal 

On April 01, 2022, Resolution No. 71/2022 was published by the National Water Transport Agency (“ANTAQ”), providing for procedures regarding the authorization to construct and operate private-use terminals (“PUTs”), cargo transshipment stations, small public port facilities, and port facilities for tourism.  

The new Resolution introduces specific changes, mainly concerned with the documents required for submission of authorization requests for PUTs, as well as with ANTAQ’s duties to analyze the locational feasibility for certain situations. In addition, it repeals ANTAQ Resolutions No. 4875/2016, 20/2018, and 6151/2018. 

 Among the main amendments, the following stand out: 

• Requirement to formalize the transfer of authorization title; 
• New format to change or include the profile of cargo handled in the PUT, according to pre-defined classifications; 
• Changes in the procedure for expanding the PUT area; 
• New condition for issuing an International Traffic License; 
• A new scenario that allows for termination of the authorization, in the case of bankruptcy or dissolution of the authorized legal entity ; 
• Detailing of requirements for documents that describe the area of ​​the future PUT; 
• Making publicly available the documents submitted with the application, except for those protected by legal restriction; 
• Alteration of the deadline for announcing the calling instrument for opening a public call; 

  ANTAQ Resolution No. 71/2022 came into force on April 01, 2022, and can be read in full here.  

Demarest’s Infrastructure Team continues to monitor activities in the sector and is available to provide any further clarification on the matter.