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18Jan2013Jan18,2013
Infraestrutura e Energia
Folha de S.Paulo

Five Things You Should Know For ANP Round 11

Brazil's petroleum, natural gas and biofuels agency, Agência Nacional do Petróleo, Gás Natural e Biocombustíveis ("ANP"), has now been authorized to conduct the 11th Bid Round for the grant of oil exploration and production rights in Brazil. As a consequence, companies intending to bid must start preparing documentation and information that must be submitted to ANP for qualification purposes. Looking to previous rounds for guidance, bidders should focus upon the following:​ 

• AVAILABLE DATA: ANP Round 11 will include 172 blocks in the onshore basins of Sergipe-Alagoas, Recôncavo, Potiguar, Espírito Santo, and Parnaíba, as well as the offshore basins of Foz do Amazonas, Ceará, Pará-Maranhão, Barreirinhas, and Potiguar. For each basin where blocks are offered, ANP prepares a virtual data package, including seismic lines and information on selected wells. Companies will have access to the data package after payment of a participation fee and delivery of other documents specified in the Tender Protocol. In addition, the "Brazilian E&P Database" (Banco de Dados de Exploração e Produção – "BDEP"), which is controlled by ANP, contains voluminous seismic and well data of different exploratory basins in Brazil. In order to access such data, it is necessary to have a local company in Brazil. Additional information is available on the website www.bdep.gov.br. 

• PRE-BIDDING CONTRACTS: Companies may form consortiums to present their bids and may also enter into an "Area of Mutual Interest Agreement" to establish exclusivity over a certain area, basin, or even over all blocks available in ANP Round 11. Companies usually execute Joint Bidding Agreements in order to agree on the bid proposal. All companies that are parties to such cooperative arrangements are jointly and severally liable vis-à-vis ANP for obligations under a concession agreement executed with ANP. 

• LOCAL CONTENT: Although ANP is revising local content rules, the ordinance of Brazil's energy policy council, Conselho Nacional de Política Energética ("CNPE"), that authorized ANP Round 11 establishes that the rules applicable to ANP Round 10 are also applicable to ANP Round 11. Local content rules are applicable both for exploration and development phases. Companies will be required to include in their bid proposals specific commitments for local content as a percentage of the total amount of goods and services acquired. Potential bidders are strongly encouraged to carefully assess current Brazilian industrial production capacity in order to make a realistic bid regarding local content, as any company that fails to meet local content commitments will be subject to severe fines by ANP. 

• TENDER PROTOCOL: ANP will make public the "Draft Tender Protocol" and will schedule a date for a public hearing in order to receive comments from industry players. A "final tender protocol" will be issued within forty-five (45) days of the date of the presentation of the Bid Round.

​• QUALIFICATION FOR THE BID: Potential bidders have until fifteen (15) days after publication of the Final Tender Protocol to qualify for ANP Round 11. Typically, the bid procedure follows the following timeline: 

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The events depicted on the timeline may be expected[1] to occur as follows:

giovani_imagem3.bmp 

From our experience in previous bid rounds, ANP usually requests the same documents and information. To assist with preparation, included below is a checklist of documents and information based upon ANP Round 10. The Draft Tender Protocol will confirm whether all of the documentation listed below is still necessary and/or whether ANP will request other documents and information.

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​[1]  This timeline is based on the dates established in the Tender Protocol for ANP Round 10. Different terms may be established for ANP Round 11, except for the qualification deadline and bid date, which are defined under the applicable legislation.
[2] For ANP Round 11, that would be January 11, 2013, which is the date of publication of CNPE Ordinance no. 3/2012 that authorized ANP Round 11.
[3] In the event a waiver of the notarization requirement is provided in a cooperation agreement executed by Brazil and another country or in treaties to which Brazil is a company, the bidder may request waiver of notarization, referencing the applicable legislation. 
[4] All signatures from the bidder’s legal representatives must be notarized and consularized (when recognized by a foreign Notary).
[5] In the 10th ANP Bid Round, the Cover Letter was required (i) to contain a certificate of truthfulness, accuracy, and compliance as to the information submitted; (ii) to contain the name of companies holding more than 20% of the voting capital; (iii) to contain the name(s), title(s), address(es), telephone number(s), fax number(s) and e-mail address(es) of the Accredited Representative(s); (iv) to indicate the category in which the bidder wishes to qualify (Non-Operator or Operator A, B, or C); and (v) to state that the bidder is aware of Brazilian laws prohibiting and punishing acts harmful to competition, as well as to declare its commitment not to undertake such acts.
[6] In the 10th ANP Bid Round, the Technical Summary for companies that already operate in Brazil had to contain a statement of such company’s previous experience in (i) onshore, shallow-water, and deep-water E&P activities; (ii) level of production in equivalent oil; (iii) E&P operations in adverse environments; (iv) time of experience in E&P activities; and (v) environmental aspects.
[7] Only required for companies that have not demonstrated previous operational experience. 

For additional information, please contact:

Giovani Ribeiro Loss
T +55 21 3231 8246

Nilton Gomes de Mattos Neto
T +55 11 3231 8246

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