Visa restrictions for crew members could harm Brazil’s economy and society

For the Latin American and Caribbean Air Transport Association – ALTA, the debate on the visa requirement for crew members is an urgent issue that directly affects the aviation sector and, consequently, the Brazilian economy. This measure, which seems to disregard decrees that have been in place for more than 70 years, could cause serious damage not only to Brazilians who want to travel, but especially in the export/freight sector.

What is the logic in changing rules that have been established for so many years, that have been passed down through all governments and that comply exactly with what was established and signed by Brazil when it joined the ICAO/UN (International Civil Aviation Organization)? It’s time to think about whether the call from associations such as ALTA, IATA, JURCAIB and A4A is an important reminder of the serious mistake Brazil is about to make, harming its own population. Data from FERMAC Cargo shows that delays in transporting inputs due to visa requirements for crew could have a negative impact on the sector, affecting more than 15,000 tons/year, via FERMAC alone, going to the USA and Canada. This means more than 100 tons a day. And all this is happening on the mistaken basis of the principle of reciprocity which, for 70 years, has always upheld aviation agreements and respect for Annex 09 of the ICAO protocol on crew facilitation.

On the basis of a statute that has never been applied to crew, Itamaraty’s move is already generating uncertainty in cargo contracts and flight schedules for Brazil. And the biggest loser will be the very people who should be supporting it, where not only competitiveness could be compromised, but also the image of one of the strongest aviation countries in ICAO Group I, which should be defending its rules. All the associations are making it clear that aviation operations have specificities that need to be taken into account. They mention that 100% of the flights to and from Canada from Brazil, more than 60% of the flights to and from the United States, as well as part of the staff of one of the major hubs for Brazilians in Central America (Panama), are manned by foreigners. On these flights, you can see that the passengers are Brazilians with their families. Harming the movement of the crew is harming the very people who would be using the flight. Cancellations and delays will be expected when they could have been avoided. And that is what we are asking for.

The demand will affect more than 100,000 crew members of American Airlines, Delta, United, Air Canada alone, as well as the logistics sector such as Fedex, UPS, DHL, Cargolux, Qatar Cargo, Emirates Cargo, and several others, which today have almost 100% American crew. ALTA’s figures indicate that today 800 passenger flights a month are operated with American crews and 98 with Canadian crews.  In addition, cargo flights between the US and Brazil amount to 271 per month. The figures don’t lie and can’t be ignored.

The CEO of the Latin American and Caribbean Air Transport Association (ALTA), José Ricardo Botelho, stresses the importance of a broad view of this issue. For Botelho, it is essential that the Brazilian authorities do not go down the road of requiring visas for crew members, but consider not only the immediate impact on flights, but also the long-term effects on Brazil’s competitiveness in the global market. Our history has always shown that the country was on the right track in not hindering the crew facilitation process.

The principle of reciprocity is not and should not be seen as absolute. That is why it is often used to protect what a nation believes will guarantee security for its people. But this is not the case here, when such a principle is used without a minimum analysis with others involved or interested in the subject, as is done in a RIA (Regulatory Impact Analysis). In fact, this is the reason why the administrative procedure law, Law 9784/99, establishes that the best policy in cases like this should be a procedure with a public hearing and a coordinated decision (as amended by Law 14.210/21). In other words, it is essential that the interested parties, ANAC, SAC, the Ministry of Justice, the Ministry of Airports, the Ministry of Tourism and – even because of the negative economic impacts – the Ministry of Finance are brought to the table. Crew members are not tourists. They are essential workers for the aviation industry and, consequently, for the national economy and the well-being of the Brazilian people.  The fact that these crew members come to work, not to sightsee, should not be overlooked. What’s worse is that, through no fault of the airlines, the measure could lead to cancellations and delays that will later be charged in the millions of lawsuits that plague the country. More costs will be generated in a system that has already been hit hard by the pandemic.

Crew members working in the United States, Canada and Australia have been exempt from visa requirements since decree 1413/1995. The regulation is in line with the Chicago Convention, to which Brazil is a signatory, which defines rules to facilitate air transportation. In fact, even before that, another decree (32.040/1952) had the same tone, confirming that Brazil’s tradition for 70 years has been the same: visa and passport exemptions for crew members, in the name of facilitating air transport. Brazil, this is no time to go backwards. Aviation and its crew are development factors and should be seen as a state strategy for more connectivity, more development, better fares and much more. The more aviation there is in this continental country, the greater social welfare will be.