Introduction

The National Agency of Petroleum, Natural Gas and Biofuels (ANP) recently published Public Hearing and Public Consultation Notice 13/2018. The notice divulges a new draft resolution to control foreign trade activities relating to:

  • biofuels;
  • petroleum and its by-products; and
  • natural gas by-products.

The draft resolution also revamps the previous consent procedure for requests to import and export the above products in view of the new resolution and to provide for subsidies.

Overview of draft resolution

The goal of the draft resolution is to consolidate into a single document the various rules for foreign trade activities and products overseen by the ANP. Through this process, the ANP has also sought to standardise its procedures, as there are significant variations in the resolutions to be repealed. In total, 27 resolutions and ordinances will be repealed in whole or in part.

The draft resolution was developed considering several contributions received during a previous public consultation which also dealt with this matter.

The draft resolution sets out that the ANP must first approve the performance of foreign trade activities relating to the products set out above. In order to obtain authorisation, the interested party must request enrolment with the ANP. There are no tax, technical or economic good-standing requirements to enrol.

The draft also updates the products subject to the ANP's prior consent before importation; these are available on the ANP's website. The process will be monitored on SISCOMEX, a computerised information system.

Applications for export or import rights must include certain information – for example:

  • a description of the product, its weight or volume;
  • the countries of origin and destination;
  • the place of entry or exit from the country; and/or
  • the total or unitary value.

Finally, the draft resolution establishes that only the following agents will be allowed to import or export products:

  • agents authorised by the ANP to perform foreign trade activities;
  • retailers authorised by the ANP;
  • producers authorised by the ANP; and
  • end users.

This list of authorised agents has been one of the most polemic aspects of the draft.

Comment

On 26 July 2018 a public hearing was held for an on-site discussion regarding the draft resolution.

The resolution is expected to be published in October 2018, following review of the public hearing and any other contributions.

For further information on this topic please contact Camila Mendes Vianna Cardoso at Kincaid | Mendes Vianna Advogados by telephone (+55 21 2276 6200) or email (camila@kincaid.com.br. The Kincaid | Mendes Vianna Advogados website can be accessed at www.kincaid.com.br.

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