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ORDINANCE No 657 - EXCEPTIONAL AND TEMPORARY MEASURES FOR ENTRY INTO BRAZIL


The Ministers of State Chief of Staff of the Presidency of the Republic, of Justice and Public Security, Health and Infrastructure published the Decree n° 657 on October 2nd 2021, providing for exceptional and temporary restrictions, measures and requirements for entry into the country, due to the risks of contamination and dissemination of the Coronavirus SARS CoV-2 (COVID-19). There is no indication of validity for such a measure, which means that this Ordinance is in effect until new measures are established. AIR TRANSPORT The international traveler, Brazilian or foreign - except foreigners from the United Kingdom of Great Britain and Northern Ireland, Republic of South Africa and Republic of India, must present a document to the airline responsible for the flight, before boarding, evidence of the realization of a test to screen for infection by the SARS-CoV-2 coronavirus (covid-19), with negative or undetectable result, of the RT-PCR laboratory type, carried out within 72 (seventy-two) hours prior to the time of boarding, observing to the following criteria: I - Evidence document of conducting a Laboratory Test (RT-PCR), for screening for infection by SARS-CoV-2, with a negative or undetectable result, performed 72 hours prior to the time of shipment, under the following conditions:

  • be presented in Portuguese, Spanish or English. If it is issued in another language, although it is omitted in this standard, it is recommended to present the translation of this exam in Portuguese, Spanish or English, in order to avoid any setbacks during boarding to Brazil; and

  • be issued in a laboratory recognized by the health authority of the country of origin.

- Children under the age of twelve who is traveling with a companion is exempt from presenting a document evidencing a laboratory test for the screening of infection by the Coronavirus SARS-CoV-2 (Covid-19) provided that all companions present documents with a negative result or non-detectable, laboratory type RT-PCR (realized up to seventy-two hours prior to the time of boarding); - Children aged two or over and under twelve who are traveling unaccompanied must present documents with a negative or undetectable result, of the RT-PCR type (realized up to seventy-two hours prior to the time of boarding); - Children under the age of two years are exempt from presenting a document evidencing a test for screening for Coronavirus infection, for travel to Brazil. II - The entry into national territory of individuals who had covid-19 in the last 90 (ninety) days, counted from the date of onset of symptoms, who are asymptomatic and persist with detectable RT-PCR test for SARS-CoV-2 (covid- 19), will be allowed upon presentation of the following documents: - 02 (two) detectable RT-PCR results, with an interval of at least 14 days, the last one being performed within 72 hours prior to the time of shipment; - antigen test with negative or undetectable result, after the last detectable RT-PCR result; and - medical certificate declaring that the individual is asymptomatic and able to travel, including the date of travel. The certificate must be issued in Portuguese or Spanish or English and contain the identification and signature of the responsible physician. III- In the event of flights with connections or stopovers where the traveler remains in a restricted area of the airport, the seventy-two hour period will be considered in relation to boarding in the first leg of the trip; IV - The traveler who performs a migration that exceeds seventy-two hours since the RT-PCR test must present a document proving the performance of a new test with negative or undetectable results for the SARS-CoV-2 (Covid-19) at check-in for boarding to the Federative Republic of Brazil; V - Presentation to the airline responsible for the flight, before boarding, of proof, printed or electronically, of the completion of the Traveler's Health Declaration (DSV), within 72 (seventy-two) hours prior to boarding to Brazil, with the agreement on the sanitary measures that must be complied with during the period in the country. The migratory authority, at the provocation of the health authority, may prevent the entry into Brazilian territory of foreign people who do not comply with the requirements listed above. The Brazilian government has kept the temporary ban on international flights to the Federative Republic of Brazil originating or passing by the United Kingdom of Great Britain, Northern Ireland, South Africa and India. The prohibition on the entry of international flights into Brazil originating in or passing through the United Kingdom of Great Britain, Northern Ireland, South Africa and India, will not apply when it comes to load flights, handled by workers wearing protective equipment. individual protection (PPE), whose crew members must observe the specific sanitary protocols provided for in this Ordinance. Remains suspended the temporary authorization to embark for the Federative Republic of Brazil, from foreing travelers, who came from or passed by the United Kingdom of Great Britain, Northern Ireland, South Africa and India in the last fourteen days. GROUND TRANSPORTATION Entry into the country of foreigners, of any nationality, by highways or any other land means is prohibited. Exceptionally, the foreigner who is in a land frontier country and needs to cross it in order to board a flight back to the country of residence may enter Brazil under an authorization from the migratory authority and (i) go directly to the airport; (ii) based on an previous official authorization from the embassy or consulate of your country of residence, (iii) upon presentation of the corresponding air tickets. The restriction on entry into the country by highways or any other land means does not apply: I - the entry of foreigners into the country, by land, between the Federative Republic of Brazil and the Republic of Paraguay, provided that the immigration requirements appropriate to their condition are complied with, including that of carrying an entry visa, when this is required by the Brazilian legal system; II - the execution of cross-border humanitarian actions, previously authorized by the local health authorities; III - to the traffic of border residents in twin cities, upon presentation of a border resident document or other supporting document, provided that reciprocity in the treatment of Brazilians by the neighboring country is guaranteed; IV - to the transport of cargo or to drivers and assistants of road cargo transport vehicles; V - to the execution of emergency assistance measures for reception and migratory regularization, under the terms of the current immigration legislation, to people in a situation of vulnerability resulting from a migratory flow caused by a humanitarian crisis, in the national territory, recognized by an act of the President of the Republic, under the terms of the sole paragraph of article 3 of Law 13.684, of June 21, 2018, according to the means available. This measure applies to the immigrant who entered national territory in the period from March 18, 2020, until the date of publication of this Ordinance; VI - to the spouse, partner, child, parent or guardian of a Brazilian citizen; VII - whose entry is specifically authorized by the Brazilian Government in view of the public interest or for humanitarian reasons; VIII - holder of a National Migration Registry; and IX - foreign official accredited to the Brazilian Government. WATER TRANSPORTATION From November 1st, 2021, the waterway transport of passengers, Brazilians or foreigners, will be authorized exclusively in Brazilian jurisdictional waters. The authorization of the waterway transport of Brazilian or foreign passengers and the operation of vessels carrying passengers, in national ports, is subject to: I - previous edition of the Ordinance by the Ministry of Health, which should provide for the epidemiological scenario, the definition of situations considered to be Covid-19 outbreaks on vessels and the conditions for complying with the quarantine of passengers and vessels; II - edition of an Operationalization Plan within the scope of the Municipality and the State, which establishes the conditions for health assistance for passengers disembarked in their territories and for the local execution of active epidemiological surveillance. The general requirements for the transport of passengers using vessels, exclusively in Brazilian jurisdictional waters, will be defined in a specific act of the National Health Surveillance Agency. The conditions for embarking passengers on vessels located in Brazilian jurisdictional waters, with foreign crew and without passengers on board from another country, will be defined in a specific act of the National Health Surveillance Agency. The disembarkation, authorized by the Federal Police, of maritime crew for medical assistance or for connecting an air return to the country of origin related to operational issues or the termination of an employment contract, provided that the specific conditions of the standard are observed, as well as the presentation of: I - term of responsibility for expenses arising from the transshipment signed by the shipping agent; II - document proving the performance of a RT-PCR laboratory test to screen for SARS-CoV-2 (covid-19) coronavirus infection, with negative or undetectable results, performed within seventy-two hours prior to disembarkation; III - prior consent of local health authorities; and IV - presentation of the corresponding air tickets. The entry of foreigners into the country will comply, in addition to the restrictions, measures and requirements provided for in this Ordinance, the immigration requirements appropriate to their condition, including the requirement to carry an entry visa, when this is required by the Brazilian legal system. The immigration authority may prevent the entry into Brazilian territory of travelers who do not comply with the requirements set out in this Ordinance. Failure to comply with these measures will result in civil, administrative and criminal liability, as well as repatriation or immediate deportation and the disqualification of refuge requests. Normative acts and technical guidelines may be prepared by the Ministries in order to complement the provisions contained in this Ordinance, provided that the Ministry's scope of competence is observed. The Ministries may forward to the Civil House of the Presidency of the Republic, in a reasoned manner, cases not covered by this Ordinance and requests for exceptional cases, regarding the fulfillment of sanitary determinations, to serve the public interest or humanitarian issues. The documents and other requirements necessary for entry into national territory may be evaluated by the immigration authorities, or at any time, by the other Brazilian authorities, the offender being subject to the penalties provided for in this Ordinance. The Ordinance n° 655 of June 23th, 2021 is revoked. EMDOC professionals are available to answer all demands and doubts on this topic that certainly involves the mobility of many immigrants in this very delicate moment. Therefore, before leaving your country, consult the specific conditions for entering Brazil.

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