Unfair Gaps🇧🇷 Brazil

Shipbuilding Business Guide

14Documented Cases
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All 14 Documented Cases

Multas de Conformidade com NORMAM-401/DPC – Gestão de Incrustação Biológica

R$ 500 to R$ 2,000,000 per infraction (standard); up to R$ 50,000,000 for pollution causing human health risk, animal death, or significant biodiversity harm. Penalties increase 3x for repeat offences or 2x if combined with other environmental violations within 5 years.

Brazil's new biofouling regulations (NORMAM-401/DPC, effective 17 June 2025) impose strict compliance requirements on vessels over 24m LOA. Vessels must carry Biofouling Management Plans (aligned with IMO Annex H) and Record Books documenting all inspections, cleanings, and fouling assessments. Only fouling Level 1 (microfouling) is permitted to enter Brazilian waters; Level 2+ macrofouling requires cleaning or inter-zone transit restrictions. Enforcement with penalties commences 1 February 2026. Penalties scale with violation severity and environmental impact.

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Atraso em Pagamentos de Marcos Contratuais (Milestone Billing Delays)

BRL 2.5 billion+ in decommissioning plans alone (2025-2029); Immediate: Multiple shipyard payment suspensions; Historical: Enseada shipyard payments halted post-Lava Jato investigations

Petrobras, the primary customer for Brazilian shipbuilding, suspended progress payments to shipyards due to severe cash flow constraints. The Operação Lava Jato investigations caused systematic delays in payment processing and investment decisions, affecting milestone billing cycles.

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Churn e Perda de Clientes por Falta de Previsibilidade de Pagamento (Customer Loss Due to Payment Unreliability)

Lost export contracts: 10-15% of potential order flow × R$ 50-200M per contract = R$ 500M-3B annually; Higher financing costs: 2-5% risk premium on supply chain financing = R$ 100-300M annually

The history of Operação Lava Jato investigations and subsequent payment suspensions by Petrobras has created a reputation for unreliable milestone-based payments. International shipbuilders and suppliers now require higher risk premiums or refuse to bid on Brazilian projects. Domestic shipyards face customer friction when they cannot commit to delivery timelines due to uncertain milestone funding.

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Conformidade DFARS e Penalidades de Debarment

R$ 500,000–2,000,000 per contract cancellation (legal defense + rework + lost revenue). Debarment: R$ 30,000,000–100,000,000 in lost future Navy contract pipeline over 24 months.

Brazilian shipyards lack systematic DFARS compliance validation at contract intake. Law 15.075/2024 emphasizes local content but does NOT align with DFARS Origin-of-Steel and manufacturing-location rules. Navy contracts awarded to Brazilian yards are later contested or terminated when DFARS audits reveal foreign material sourcing or non-approved subcontractor locations. Result: Contract cancellation, legal fees, reputational damage, and 12–24 month debarment from future federal bids.

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