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TEMPORARY RESTRICTION OF IMMIGRANTS´ ENTRANCE IN BRAZIL - INCLUSION OF INDIA

The Ministers of State Chief of Staff of the Presidency of the Republic, of Justice and Public Security, Infrastructure and Health published the Ordinance No. 653, on May 14th, 2021, exceptionally and temporarily restricting the entrance of immigrants in Brazil by sea and land transportation (any modality), regardless of their nationality. However, there is no indication regarding the validity for such measure and it means that it will be effective until a new condition is publicized. The measure is necessary due to the technical recommendation of the National Health Surveillance Agency (ANVISA) in order to combat the pandemic caused by COVID-19. The restriction on foreigners entering the country does not apply to: 1. Brazilian, born or naturalized; 2. Immigrant with permanent residence, for a fixed or indefinite period, in Brazilian territory; 3. Foreign professional on mission at the service of an international organization, as long as duly identified; 4. Foreign employee accredited by the Brazilian Government; 5. foreigner in the condition of: a) spouse, partner, son, father or curator of a Brazilian, b) whose entry is specifically authorized by the Brazilian Government in a clear public interest or for humanitarian reasons; and c) bearer of the National Migration Registry; 6. Charge transport. For maritime matters, the restrictions of this decree do not prevent:

  • The entry, by air or waterway, of a maritime crew to exercise specific functions on board a vessel or platform operating in jurisdictional waters, provided that the migratory requirements appropriate to their condition are observed, including that of having an entry visa, when this is required by the Brazilian legislation;

  • The landing, authorized by the Federal Police, of maritime crew for medical assistance or for connection of 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).

Border residents and Land Frontier The restrictions indicated on this Ordinance do not prevent the traffic of border residents in twin cities, upon presentation of a border resident document or other supporting document, once the same reciprocity treatment is guaranteed to Brazilians by the neighboring country (this rule does not applies to the Bolivarian Republic of Venezuela). 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 Federal Police 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. Bolivarian Republic of Venezuela In the event of entry into the country by road, other land or waterway transportation, the exceptions discussed above (2, 5a and 5c) do not apply to foreigners from the Bolivarian Republic of Venezuela. Traffic by border residents in twin cities also does not apply to foreigners from the Bolivarian Republic of Venezuela. Republic of Paraguay The restrictions mentioned in the Ordinance do not prevent foreigners from entering in the country by land between the Federative Republic of Brazil and the Republic of Paraguay, once observed the migratory requirements appropriate to the immigration condition, including an entry visa, when required by the Brazilian immigration law. In addition, the restrictions of this Ordinance do not prevent foreigners from entering in Brazil by air, once provided the appropriate migratory requirements to their condition and complying with all law requirements, including a specific visa, when required by the Brazilian immigration law. 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 Britai, Northern Ireland, South Africa and India in the last fourteen days. As a matter of fact, even if the traveler does not have any restrictions on entry into Brazil, if he has origin or history of passing by the United Kingdom of Great Britain, Northern Ireland, South Africa and India in the last fourteen days, when entering Brazilian territory, he must remain in quarantine for fourteen days. This Ordinance expresses that the traveler of international origin, Brazilian or foreign, must present the following documents to the airline responsible for the flight, before boarding to Brazil: I - Evidence document of conducting a Laboratory Test (RT-PCR), for screening for infection by SARS-CoV-2, with a negative / non-reactive 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 departure.

  • 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;

  • 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 non-reactive results for the SARS-CoV-2 coronavirus at check-in for boarding to the Federative Republic of Brazil;

  • The child under the age of twelve who is traveling with a companion is exempt from presenting a document proving the accomplishment of a laboratory test RT-PCR since all companions present documents proving a laboratory test with the result of the negative RT-PCR test. reagent for the SARS-CoV-2 coronavirus carried out in the seventy-two hours prior to the moment of embarkation;

  • Children aged two or over, and less than twelve years old, who are traveling unaccompanied must present a document proving the performance of an RT-PCR laboratory test with a negative or non-reactive result for the SARS-CoV-2 coronavirus, performed in the seventy-two hours prior to departure; and

Important: Aircraft crew members are exempt from presenting a document proving the realization of RT-PCR laboratory test, as long as they comply with the protocol for preventive measures to combat the Coronavirus SARS-CoV-2 (COVID-19) determined by this Ordinance; It is the responsibility of the air operators to develop and maintain the crew's health management plan. II - Traveller's Health Declaration (DSV) filled out (in print or digitally) with the agreement on the sanitary measures that must be complied with during the period in the country (https://formulario.anvisa.gov.br/index.php/39183?lang=pt-BR). The migratory authority, at the provocation of the health authority, may prevent the entry into national territory of persons foreseen or not in this ordinance who do not comply with the requirements listed above. However, the traveler will be exempt from presenting the Laboratory Test (RT-PCR) and the Traveler's Health Declaration (DSV), in the case of technical stopovers, in Brazilian territory, of aircraft coming from abroad, as long as there is no disembarkation of travelers without prior authorization from the health authority. The conditions presented by this ordinance could be revised at any time and it could also be complemented, changed or extended, considering the technical assessment made by ANVISA. Regulatory bodies may issue guidelines complementary to the provisions of this Ordinance, including health rules on services, procedures, means of transport and operations. Ministries will be able to forward to the Civil Office of the Presidency of the Republic, in a substantiated manner, cases not covered by this Ordinance and requests for exceptional cases, regarding compliance with sanitary determinations, to meet the public interest or humanitarian issues. Failure to comply with these measures will result in civil, administrative and criminal liability, as well as immediate repatriation or deportation and the disqualification of an asylum claim. The Ordinance # 652 of January 25th, 2021 is revoked.

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