Federal Court of Accounts authorizes the charging of provisional custody service

The charge had already been regulated by Antaq in 2023, with the service being billed by the wet terminals to the customs-bonded facilities (Leopoldo Silva/ Agência Senado)

The Federal Court of Accounts (TCU) ruled last week that charging for the provisional custody service provided by container terminals is legitimate. It is now up to the National Agency for Waterway Transportation (Antaq) to proceed with the regulation of the service.

This activity refers to the custody of containers for which a transfer request has been approved by the Customs Authority of Santos, from the moment the cargo is placed in the terminal area until it is transferred to another customs-bonded facility. The remuneration would cover the port terminal's costs during the cargo's stay. In its decision, the TCU stated that “the terminal bears unlimited responsibility for the cargo and it occupies operational space, which justifies some form of charge, as there are costs involved.”

The charge had already been regulated by Antaq in 2023, with the service being billed by the wet terminals to the customs-bonded facilities. The agency, however, changed its position in September 2024, based on allegations of double charging in relation to the segregation and delivery service (SSE) or the inclusion of the service in the box rate, which is paid by shipping lines to the terminal.