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ANP issues new resolution regulating acquisition, processing and access to technical data of Brazilian sedimentary basins

Oil and Gas
The Brazilian Agency for Petroleum, Natural Gas, and Biofuels (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis - “ANP”) published, in the Brazilian Official Gazette, Resolution No. 757/2018 (“Resolution”), regulating activities regarding information and technical data relating to Brazilian sedimentary basins, from  acquisition and processing to collection, storage and availability on the ANP’s Exploration and Production Database (Banco de Dados de Exploração e Produção - “BDEP”).

This new Resolution results from the process of reviewing former ANP Resolutions No. 11/2011 and 01/2015, seeking to unify the rules on the above matters. Among the main changes in the Resolution, we highlight the possibility of foreign companies having access to data available on the BDEP and the reduction in bureaucracy in the process of acquisition and access to data.

According to previous regulations, companies that wished to access BDEP data had to be constituted under Brazilian law, having their headquarters and management in Brazil. With the objective of broadening knowledge on Brazilian sedimentary basins and enhancing the interest of companies in ANP bid rounds, the agency eliminated this requirement, as well as introducing other amendments.

Pursuant to the Resolution, companies interested in accessing BDEP data must file a request with ANP, identifying themselves and specifying the data they wish to access, by means of an electronic form available on ANP’s website, or by signing an Agreement of Adhesion to BDEP, which establishes the criteria, procedures and costs relating to such access.

With respect to reducing the bureaucracy regarding authorization to acquire and process data, we highlight: (i) the exclusion of the qualification phase for Data Acquisition Companies (Empresas de Aquisição de Dados - EADs); (ii) the simplification of the documentation to be presented to obtain such authorization; (iii) the extension of the period for the delivery  of raw acquisition data from 60 days to 90 days; and (iv) the establishment of a single 5-year-period for the validity of the authorization.

Finally, we highlight that the Resolution establishes confidentiality periods, which vary according to the type of data. For example, non-exclusive data relating to geophysical and geochemical surveys, processing and studies have a 10-year confidentiality period, while exclusive data have a 5-year confidentiality period. Furthermore, sample data will remain confidential for 3 years and both sample analysis data and well data for 2 years.
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