CADE receives request to cancel memorandum signed with ANTAQ on THC2
Sep, 02, 2021 Posted by Ruth HollardWeek 202135
On Wednesday, September 1st, attorney Lenisa Prado submitted an order to the plenary of CADE (the administrative council for economic defense) asking to cancel a memorandum of understanding signed between the council and ANTAQ (the national waterway transport agency) for port charges.
The order generated a heated debate among the attorneys. Still, it was not considered because the president, Alexandre Cordeiro, realized that it was presented at the last minute and needed to be discussed further.
The memorandum was signed on the last day of the mandate of CADE’s former president, Alexandre Barreto, without being discussed with the other council members. The signature took place at a ceremony at ANTAQ attended by the Minister of Infrastructure, Tarcísio Freitas. Shortly thereafter, Barreto was appointed General Superintendent of CADE and is still waiting to be confirmed by the Senate.
The document deals with the charging of an additional fee (THC2) by port operators for “segregation and delivery of containers” in ports. The issue is controversial and has already generated millions in fines because, in the understanding of most attorneys, the fee is abusive. It could not be charged because there is already a basic fee that would cover these costs.
Source: O Estado de S. Paulo
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