Brazil: Certain Seafarers’ Identity Documents to No Longer Be Accepted

• Short-term offshore work in Brazil. Based on Brazilian immigration law, foreign nationals can work offshore in Brazil aboard a foreign flagged vessel or platform for up to 90 days per year as visitors, without a work visa. Furthermore, visa nationals can use a valid SID in lieu of a Visitor Visa or Offshore Visa under the above circumstances for up to 90 days per year (or 180 days in cruise ships or similar international voyages). However, we advise checking with your immigration professional as offshore rules vary based on the flag of the vessel, type of vessel, and nationality of the seafarer, among other characteristics.
• Ratification of offshore ILOs in Brazil. Brazil ratified ILO Convention 185 in 2010, revoking ILO Convention 108, and which came into effect in 2015. However, Brazilian authorities continued to accept SIDs issued under ILO Convention 108 to permit the movement of seafarers.
• Enhanced security features. SIDs issued under ILO Convention 185 are issued under stricter eligibility and improved security features than those issued under ILO Convention 108. SIDs issued under ILO Convention 185 look similar to a passport biographical page and have security features such as bar codes containing personal information. Furthermore, SIDs issued under ILO Convention 185 can only be issued by the country of the seafarers’ nationality or permanent residence and not a third-country (as is permitted under ILO Convention 108).
• ILO 185 limitations. SIDs issued in accordance with ILO Convention 185 are accepted by the 38 countries which have ratified the convention (compared to 64 countries that had ratified ILO Convention 108); however, only some of these countries currently issue SIDs in accordance with the requirements of this convention.

• SIDs issued under ILO Convention 108 no longer accepted. Starting May 1, 2023, Brazil will accept only SIDs issued under ILO Convention 185 and will no longer accept those issued under ILO Convention 108 (which are commonly called Seaman’s Books and are issued in paper booklet format).
• Individuals currently working pursuant to SIDs issued under ILO Convention 108.  It is not yet clear whether individuals who are currently working offshore in Brazilian territorial waters pursuant to ILO Convention 108 (e.g., visa nationals working under a SID) will be required to depart Brazil prior to May 1, 2023, though this is unlikely. Further clarification is expected from the government.
• Support of shipping agency required. Employers and foreign nationals are reminded that under ILO Convention 185, seafarers arriving in Brazil by air to work based on a SID without a visa will be required to enter Brazil with the support of a shipping agency, which must provide the airline with an approval to board, receive the foreign national at the airport and escort the foreign national to the vessel.

• Visa nationals. Visa nationals without a valid SID will need to obtain either a consular Visitor Visa or an Offshore Visa (as required), incurring more administrative hurdles and possibly additional costs. Obtaining a consular visa could be especially cumbersome for seafarers who spend most of their time at sea between countries.
• Visa-exempt nationals may be unaffected. Visa-exempt nationals are not directly affected by this change. Brazilian immigration law allows them to enter and work offshore in Brazil onboard a foreign flagged vessel or platform for up to 90 days per year without a visa. However, we advise checking with your immigration professional as offshore rules vary based on the flag of the vessel, type of vessel, and nationality of the seafarer, among other characteristics.
• Other restrictions. However, all foreign nationals and employers should be aware that in practice, Federal Police agents at the airport or ports exercise discretion for admitting foreign nationals or allowing them to embark without a work visa and/or a valid SID. Additionally, internal company policies commonly require foreign nationals to hold an Offshore Visa or other work visa to work offshore in Brazil. Consult your immigration professional for case-specific advice.
• Penalties for breach of immigration laws. Foreign nationals entering and/or working in Brazil without a valid SID or work visa (as applicable) may be subject to fines which vary by port of entry and start at BRL 1,000 (approximately USD 200).

During the next few weeks, foreign nationals and employers should expect discretionary application of the law by Brazilian ports of entry, and increased scrutiny and heightened enforcement action for foreign offshore workers entering Brazil. Foreign nationals and employers should work closely with their immigration professionals for case-specific advice.