On September 22th, 2015, the National Hydrocarbons Commission ("CNH") published in the Federal Official Gazette the Guidelines for the Use of Data Contained in the National Center of Hydrocarbon Information ("CNIH") in order to establish the requirements and procedures for interested parties to use geological, geophysical, petrophysical, petrochemical, geochemical and, in general, any information obtained or to be obtained from the identification and surface exploration of hydrocarbons and/or exploration and extraction of hydrocarbons under an entitlement or contract, contained in the CNIH.
Rights granted to users under the corresponding use licenses allow them to:
- Use, analyze, study for self use, as well as generate methodologies or any other derived product in connection with the information;
- Extract data;
- Generate statistics and conduct activities for information and academic purposes in connection with the derived products;
- Allow access to the information to employees of the license holder, as well as to any related party, acquirers or partners, exclusively in terms of the license;
- Allow the review of the information to prospective acquirers, partners, exclusively in terms of the license;
- Share the information with service providers of advisors, only in connection with the works matter of the respective use license, prior execution of a confidentiality agreement with the license holder; and
- Any other rights provided in the use license issued by CNH, through the CNIH.
License holder obligations:
- Use the information only during the term of the use license (according to the Guidelines, the licenses will have a maximum term of 25 years, which may be extended only once for an additional period of 5 years);
- Maintain available for the CNH, the derived products, in a period not exceeding three months following the finalization of such works;
- Protect the integrity and confidentiality of the information and its derived products;
- Respect and make to respect the purpose, rights, obligations and restrictions of use provided by CNH in terms of the respective use licenses;
- Maintain available for the CNH the registries of the persons that have access to the information;
- Notify and justify the retrieval of information from its facilities;
- Destroy the information and its copies at the expiration of the term of the use license;
- Indemnify CNH for the damages or losses caused for improper use of the information and its derived products;
- Quote the source of the information when using it; and
- Any other obligations provided in the use license issued by CNH, through the CNIH.