ANTAQ was also created by Law 10.233 of June 5, 2001, with the aim of regulating, supervising and inspecting the activities of aquatic transportation services, as well as those of port and aquatic infrastructure exploitation, carried out by third parties.

Under Law 9.432 of February 20, 1997, the types of navigation are: (i) port support navigation, performed exclusively in ports and terminals in rivers for servicing port boats and facilities; (ii) navigation with marine support, aimed at providing  logistic support to the boats and facilities within the national waters and the Brazilian Economic Zone which carry out research and carving of minerals and hydrocarbons; (iii) coastal navigation, performed between ports or points within Brazilian territory, by sea or both sea and inland navigable inland waterways (iv) inland navigation, performed in internal waterways, on national or international routes; and (v) long distance navigation, performed between Brazilian and foreign ports.

Long-distance navigation and inland navigation on international routes can be performed by navigation companies and boats from any country, whereas the other types of navigation are restricted to Brazilian navigation companies and boats with Brazilian flags, or to foreign boats which are contracted by  Brazilian navigation companies, with ANTAQ’s due authorization.

In order to obtain ANTAQ’s authorization to operate as Brazilian navigation companies, interested parties should operate in accordance with Brazilian laws and have their offices and management in Brazil. In addition to this, they should, alternatively: (i) own at least one boat with a Brazilian flag; (ii) present a Brazilian flag boat freight contract; or (iii) present a contract and physical/financial chart of the boat’s construction, proving that at least 10% of the boat’s light weight has already been concluded. In addition to this, in the case of sea navigation, companies should comply with the technical, economic and legal requirements set forth by ANTAQ Resolution number 843/2007 and later amendments. In the case of inland navigation, the applicable rules are: ANTAQ Resolution number 356/04 (load transportation), ANTAQ Resolution number 912/07 (passenger transportation and mixed transportation – both loads and passengers), MT Ordinance number. 214/98 (crossing transportation), and MT Ordinance number 412/97 (freight of foreign boat).