08 August 2022
Q&A with Gallagher Brazil's Guilherme Mattoso
Divisional Director from our P&I team, William Baynham, sat down with Guilherme Mattoso from our Brazil office to talk about the new Cabotage law and all things marine.
Q: In your view, what is the outlook for the Brazilian maritime sector in the short to medium term? What trends are you seeing or do you anticipate?
Guilherme Mattoso: In order to address this question there is a need to separate our marine sector in different areas. We can start with the offshore market where investment into pre-salt oil exploration has been increasing over the years and we expect more than a dozen new FPSOs to enter into production on the next 3 years. Demand for offshore support vessels is increasing and, although we are far from the old 4+4 contract offered in the past, longer contracts are being awarded. Local construction of offshore vessels was reduced to only a few shipyards with demand for units being fulfilled by internationally built tonnage either being bought by local companies or through flag changed to Brazilian. We expect demand of offshore vessels to continue increasing in the short and medium term, but unfortunately we are not seeing demand for local construction to follow suit.
The new Cabotage law, recently enacted by our government aims, among other things, to expand local fleet by loosening requirements for Brazilian companies to charter foreign flag vessels. Insurance wise vessels operating in cabotage under the new law will need to have Hull and Civil Liability insurance, and ship owners will now also be able to use the Additional Freight for the Renewing of the Merchant Marine to pay for Hull insurance. The law is still being regulated and the cabotage trade should not start being impacted until next year.
On the brown water side we expect river trade to continue to grow in the short and medium term, as Brazil increases its exports of commodities and large agribusiness corporations invest more in building their own fleets to carry grain in the northern region of Brazil. Servicing claims and providing security for convoys remain an issue in remote distances.
Q: Finding and retaining crew is a much discussed issue spanning the whole sector, but perhaps being felt particularly acutely in the offshore world. Is the uptick in offshore activity having a noticeable effect on the ground?
Guilherme Mattoso: Crew turnover has increased slightly, but it still manageable in the short term. Some owners have already informed the training schools that there is an increasing demand so they can attract more applicants. On the other hand offshore owners that offer subsea services are already facing shortage of trained personnel, this is a current market bottle neck.
Once the Cabotage law is fully regulated and owners begin chartering vessels the pressure for finding and retaining crew will increase since the law requires the captain, cabotage master, chief engineer and engineer technician to be Brazilians. For trades over between for more than 90 and up to 180 days 1/5 of the crew must be Brazilian, for trades over 180 days 2/3 of the crew need to be Brazilian.
Q: Charterers and traders make up a an extremely important and sizeable segment of the local shipping market, but it is also notable that many of these do not currently purchase charterers liability insurance (this is not exclusively a feature of the Brazilian market!). If you had one piece of advice for them, what would it be?
Guilherme Mattoso:I have particularly spent the past few years discussing Charterers liability insurance with many companies in Brazil and can say that many companies do not buy cover due to a lack of awareness of the risks they are undertaking during a sea voyage and/or lack of understanding of how Charterers cover can aggregate to their local operations in terms of service. We understand that the most avid buyers of this type of insurance are normally the shipping, trading and legal teams, not the usual insurance department. Nevertheless, once we manage to explain the potential exposures and help client to identify 'claims' normally misclassified as commercial/contractual disputes there is a fast interest shift towards buying cover.
One piece of advice I would give to clients, piegas (but effective) is, “better to spend a few cents per ton and be safe than sorry” - especially if you are trading in Brazil where charterers can be held directly and strictly liable for pollution incidents.
Q: There has been some sensitivity in the P&I market about potential heightened exposures for those shipowners calling or planning on calling Brazilian ports, what would be your primary comment for them to bear in mind?
Guilherme Mattoso: When in doubt about anything regarding calling a port in Brazil obtain proper specialized advise, better if done during the planning phase. Members should seek guidance from their P&I Clubs and use local resources available, correspondents, surveyors and lawyers.
Q: What keeps you up at night?
Guilherme Mattoso: Aside from family needs, which were highlighted during the pandemic, I tend to put myself in the shoes of our clients when servicing their accounts and absorb their urgent needs. Trying to find risk mitigation solutions for an operation, and/or reviewing cover to ensure it was correctly placed normally keep me up at night as I want to ensure our clients have what they need.
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