The Brazilian National Agency of Petroleum, Natural Gas and Biofuels - ANP published, on 14/01/2015, the Resolution Nº1 setting forth provisions on access to public technical data and information relative to the Brazilian sedimentary basins that comprise ANP ´s collection and the authorizations for the technical data reprocessing and interpretation.
The referred resolution revokes ANP's Ordinance no. 114/2009 and ANP Resolutions nos. 23/2009 and 46/2007.
According to the new rule, the natural persons or individuals resident in Brazil and legal entities incorporated under the Brazilian law with registered office and administration in the Country will be authorized to access the referred data.
The data to be accessed may be public as well as those contained in the Agency's Exploration and Production Database (BDEP). The data contained in the BDEP are classified as confidential and can only be accessed by their lawful acquirers and by those duly authorized to access the referred data.
The applicant may access the data in the capacity of occasional user or as an BDEP associate, being necessary for this latter case the execution of a "Term of Authorized Use of the Exploration and Production Database - BDEP"
The occasional users must submit, during each access, a request to access ANP. The applicant shall present in the request a statement stating the reasons why the data will be accessed. The applicant must be genuinely interested in the data and information sought and the Agency will take such statement into account to authorize the access.
In order to access such data, the users must pay the price defined by ANP.
The Ministry of Mines and Energy will have unrestricted and free of charge access to the database with the purpose of conducting studies and sectorial planning, keeping such data strictly confidential, where appropriate.
The Navy Authorities will have unrestricted and free of charge access to the bathymetric and non-seismic and geophysical methods database with the purpose of ensuring the safety of navigation of the maritime area and inland waterways, keeping such data strictly confidential, where appropriate.
ANP may make the public databases available free of charge to universities, research institutes, direct or indirect federal, state, district, or municipal public administration agencies or authorities, whose data shall be exclusively used for academic or research purposes, which cannot indirectly or directly be used for commercial purposes.
The reprocessing and interpretation of the accessed data for marketing purposes will be subject to ANP's prior authorization. The users who obtain such authorization will be subject to meet and comply with several obligations, such as to assign free of charge to ANP a copy of the final product generated for marketing.
The users who fail to meet the terms of the resolution shall be subject to sanctions provided for in law.
The resolution came into force on the date of its publication.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.