BRAZIL: FEDERAL POLICE INTENSIFIES ENFORCEMENT ON CHINESE CREW ABOARD FOREIGN-FLAGGED VESSELS

Published: 2 February 2026

The Brazilian Federal Police has adopted a stricter and more structured enforcement posture in relation to immigration requirements applicable to Chinese crew members serving on foreign-flagged vessels calling at Santos and other Brazilian ports. This approach is already being implemented in practice and reflects formal internal guidance issued at federal level, grounded in the Brazilian State’s current interpretation of the Brazil–China Maritime Transport Agreement.

Until recently, local immigration units were imposing fines even in cases involving vessels flying flags associated with Chinese territories, without regard on the broad application of the “One China” principle. Following a revised institutional interpretation and coordination with the Ministry of Foreign Affairs, this practice has been discontinued. The Federal Police is no longer issuing fines where Chinese crew members are serving on vessels flying the flag of recognised Chinese territories.

At the same time, and critically for owners and operators, enforcement has been significantly tightened in relation to Chinese crew members serving on vessels flying non-Chinese flags. Under the current position, the fact that a vessel is owned or chartered by a Chinese company is not accepted as a basis to avoid the imposition of immigration penalties. Where the vessel flies a third-country flag and the crew member’s documentation does not clearly fall within the scope of the agreement as interpreted by the authorities, fines are now being systematically applied.

This enforcement posture results from internal consultations within the Federal Police and formal exchanges with the Ministry of Foreign Affairs, as well as diplomatic dialogue with Chinese authorities.

The Federal Police has acknowledged that the Chinese Embassy in Brazil is aware of the matter and that discussions are ongoing, particularly in relation to a possible future renegotiation of the agreement to address seafarers of Chinese nationality regardless of vessel flag. Until such developments materialise, however, the current interpretation remains in force nationwide.

Under this interpretation, exemption from immigration penalties is recognised only where Chinese crew members originate from territories expressly covered by the Brazil–China Maritime Transport Agreement. These include Mainland China, Hong Kong, Macau, Taiwan, Inner Mongolia, Ningxia, Xinjiang and Tibet. Seafarer documentation issued by the competent maritime authorities of these territories is, in principle, being accepted for immigration purposes in Brazil.

The special regime does not, however, extend automatically to vessels flying third-country flags solely by reason of ownership or chartering arrangements.

The same enforcement logic is also being applied to crew members of other nationalities. Where the country of nationality is not a signatory to ILO Convention 185 and therefore does not issue a Seafarers’ Identity Document, or where a valid Brazilian consular visa is required but not presented, the situation may be classified as an administrative immigration infraction. In such cases, fines are imposed on the vessel owner and channelled through the local port agent, who has no discretion to waive or mitigate the penalty.

From an operational and loss-prevention perspective, particular attention should be given to the Federal Police’s recidivism tracking system. Infractions attributed to the same owner within a twelve-month cycle result in the automatic doubling of fines.

In addition, settlement of the penalty, guarantee, or at least formal confirmation assuming responsibility for payment, is a mandatory condition for the issuance of outbound clearance. Failure to address these requirements in advance may lead to clearance delays, escalation of administrative measures and, in subsequent port calls, the holding of the vessel.

While the matter remains under diplomatic discussion between Brazilian and Chinese authorities, owners, operators and charterers should reassess crew documentation and immigration compliance well in advance of Brazilian port calls, particularly where Chinese nationals are serving on foreign-flagged vessels, and should anticipate the financial and operational arrangements required should exposure to fines arise.

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