New Brazilian ordinance restricts entry of foreigners from UK, India and South Africa

RIO DE JANEIRO, BRAZIL – An interministerial Ordinance published in the Federal Gazette on June 24, temporarily and exceptionally restricts the entry of foreigners from 3 countries into Brazil, as recommended by the Brazilian health regulatory agency (ANVISA). The goal is to prevent the entry of people infected by variants of the novel coronavirus.

In late May, ANVISA sent to the Ministries signing the decree (Chief of Staff, Justice and Health) some suggestions for regulation measures to contain the entry of new variants of the novel coronavirus.

Among the suggestions was the suspension of some exceptions to the entry of foreigners, especially regarding the entry of maritime workers on vessels and drilling platforms from countries where these variants are circulating.

According to ANVISA’s suggestion, foreigners coming from these countries would be prevented from entering Brazil unless they meet certain protocols and requirements; similarly, Brazilians returning from these countries would necessarily have to comply with a 14-day quarantine in the destination city.

Following these guidelines, Ordinance No. 655, published on Thursday, in addition to restricting the entry of foreigners of any nationality – by road, other land or water transportation – temporarily bans international flights both to and from or through the United Kingdom, South Africa and India.

However, the ordinance establishes several exceptional situations which guarantees the right of foreigners to enter the country, provided they follow protocols and migratory requirements such as the presentation of documents proving they have taken the Covid-19 detection test.

Among the situations granting authorization to enter Brazil is the operation of cargo flights, handled by workers equipped with personal protective equipment (PPE) and other requirements and protocols described in the document.

The restrictions described in the ordinance will not apply in cases of border traffic of twin cities’ residents, traffic of road cargo transport, and in the execution of humanitarian and emergency assistance actions for migrant reception and legalization.

The ordinance adds that the measures do not apply to several categories: foreigners who are spouses, partners, children, parents or guardians of Brazilian citizens; immigrants with permanent residence in Brazilian territory; foreign professionals on a mission at the service of an international organization; and foreign officials accredited by the Brazilian government.

The entry of people authorized by the Brazilian government is also allowed, taking into account the public interest or humanitarian issues, and holders of the National Migratory Register.

Finally, the ordinance sets forth penalties for those who fail to comply with the measures. Among the penalties are civil, administrative and criminal liability; repatriation; deportation; and inability to apply for refuge.