ANTAQ formalizes prior conciliation for complaints of improper charges in container logistics

SFC/ANTAQ Ordinance No. 1, dated June 10, 2026 – issued by the Superintendence of Inspection and Coordination of Regional Units (SFC) of the National Waterway Transportation Agency (“ANTAQ”) – establishes a prior conciliation phase for complaints involving containers. The regulation is part of a movement toward consensual administrative activity within regulated infrastructure sectors, seeking to combine celerity with regulatory rationality.

The following are the key developments introduced:

Mandatory prior conciliation stage
The new stage precedes the ordinary enforcement proceeding. If the dispute is settled, the case is dismissed without imposition of penalty. Otherwise, the matter proceeds to admissibility review and ordinary enforcement.

Exception for preliminary injunction
Complaints accompanied by a request for preliminary injunction may either be referred to the conciliation procedure or submitted directly for review of the requested provisional measures, depending on the urgency of the matter.

Admissibility and procedure
The ordinance governs the admissibility of complaints by requiring a minimum evidentiary record, classifying them as complete or incomplete, depending on the presence of supporting elements of the logistics operation, the contested charge, and the prior attempt to resolve the matter directly with the party responsible for the charge. The conciliation attempt must be conducted within fifteen days — a period that may be extended at the discretion of the technical unit — during which the parties will be required to negotiate the resolution of the dispute directly. The Ordinance also expressly contemplates the implementation of technological solutions aimed at automating workflows and enhancing analytical efficiency.

Regulatory monitoring
Information concerning the complaints, including those resolved by conciliation, will remain in ANTAQ’s systems, preserving the record of the underlying conduct and supporting the agency’s systemic enforcement function. Accordingly, the conciliation of an individual case neither removes the record of the conduct at issue nor precludes further enforcement action by the agency where patterns inconsistent with the regulatory duties of service providers are identified.

Intermediary agents
In complaints involving intermediary agents, evidence of the original charge issued by the actual ocean carrier will be required as a condition for the regularity of the pass-through to the end user.

Scope and transition regime
The new procedure will apply to complaints whose proceedings were still in the enforcement phase as of February 13, 2026, without a notice of violation issued, except for those already dismissed as of that date.

The ordinance addresses a significant issue affecting the sector and seeks to strike a balance between the negotiated resolution of individual disputes and the preservation of ANTAQ’s enforcement function, which is geared toward identifying recurring practices and correcting structural asymmetries. However, the success of the model will depend on the parties’ willingness to negotiate, on the institutional maturity in operating the new workflows, and on ANTAQ’s ability to leverage its technical expertise to foster conciliation.

Demarest’s Public and Regulatory Law and Infrastructure, Transport, and Logistics teams continue to monitor these developments and remain available to provide any further clarifications that may be required.