ANP's Public Consultation on Resolution Addressing Administrative Sanctions for Reoffenders
Public Consultation No. 15/2014
The Brazilian National Agency for Petroleum, Natural Gas and Biofuels ("ANP") has made available the draft resolution aimed at changing the criteria used by ANP for imposing administrative penalties on reoffenders companies, as currently provided by ANP Resolution No. 8/2012 ("Draft Resolution"). This Draft Resolution is under public consultation until August 29, 2014.
In accordance with the Draft Resolution:
- Companies will be considered reoffenders if they commit a new infraction in less than two years following the full payment of the precedent fine or its extinction by ANP (as opposed to ANP Resolution No. 8/2012's wording that refers to the moment when the final administrative decision is rendered);
- In the event companies decide to waive their right to appeal, and pay the penalty with the 30% legal discount set in Law No. 9,847/99, such two-year term for reoffenses is reduced to six months; and
- Full payment of fines made within 30 days from the issuance of the Draft Resolution will be exempted from the two-year rule provided above.
The Public Hearing will be held on September 15, 2014, at 2:45 pm, in the ANP headquarters, located at Av. Rio Branco, 65, 13th floor, Centro, Rio de Janeiro, RJ.
The Draft Resolution, as disclosed by ANP (in Portuguese), can be downloaded here.