Brazil: Final Tender Protocol And Concession Agreement For ANP Round 11 Now Available

On March 11, 2013, Brazil's oil and gas regulatory authority, ANP, made available on its website the final Tender Protocol and the final version of the Concession Agreement for ANP Round 11, reflecting certain changes requested by the industry during public consultations and other clarifications.

Below are the next steps for ANP Round 11, which have now been ratified by the Final Tender Protocol:



Final Tender Protocol and Concession Agreement


Technical and Environmental Seminar


Legal and Fiscal Seminar


Deadline for submission of Expression of Interest and Qualification documents


Deadline for payment of Participation Fees


Deadline for presentation of bid guarantees


Bid Day

5/14 and 5/15/2013

Signature of the Concession Agreement

August 2013


Among the amendments introduced by ANP to the Tender Protocol, we believe that the following are worthy of special attention:

  • Inclusion of 117 Blocks – Following approval by the Brazilian Energy Policy Council ("CNPE") on February 28, 2013, ANP included in the Tender Protocol 117 additional blocks located in the Espírito Santo (deep water), Pernambuco-Paraíba (deep water), Tucano Sul (onshore), and Foz do Amazonas (shallow and deep water) basins.
  • Qualification documents may be submitted after "Expression of Interest" – ANP clarified that it is not necessary to submit all qualification documents in order to have access to the data package and evaluate the opportunities. The deadline for submitting required qualification documents and the Expression of Interest is March 26, 2013.
  • Exchange rate and restatement index for investments in US$ to be evidenced in the technical qualification – Amounts in U.S. dollars invested in exploration activities in the past five (5) years to be communicated for purposes of technical qualification must be converted at the average exchange rate of the year that the investments were made (the "Ptax-sale" rate). All investments must be restated by the IGPM index that accrued through January 2013.
  • Operator "A" with a 5-year minimum experience as operator – Companies willing to qualify as operator "A" can inform activities as operators that occurred in the past five (5) years.
  • Corporate structure signed by the Accredited Representative – The description of the corporate structure must be signed by the company's Accredited Representative and must detail all direct and indirect control, including any holding companies or individuals that control or are controlled by the company, as well as indicate their respective equity ownership (including shares or quotas with voting rights) of such controllers or controlled entities.

To access the Portuguese version of the Tender Protocol, please click here. For your convenience, please click here for a redline version that compares the Draft Tender Protocol to its final form.


Please find below a list of material adjustments made by ANP to the final terms of the Concession Agreement:

  • Local Content - ANP has included the lack of Brazilian suppliers as an event of waiver of the local content commitment.
  • Development Plan In response to industry requests, ANP has excluded Clause 10.2 of the Concession Agreement, which allowed ANP to participate in the technical meetings for preparation of the Development Plan. This item had been included in the Concession Agreements for previous rounds.
  • Assignment For the assignment proceeding, ANP has increased from thirty (30) to fortyfive (45) days the term for providing evidence of the filing of the consortium agreement with the competent commercial registry.

To access the Portuguese version of the Concession Agreement, please click here. For your convenience, please click here for a redline version that compares the Draft Concession Agreement and its final form.

Save the Date: Technical-Environmental Seminar and the Legal-Fiscal Seminar

On March 18-19, 2013, ANP will hold Technical-Environmental Seminar and Legal-Fiscal Seminar in Rio de Janeiro at the Windsor Atlântica Hotel (Av. Atlântica 1020, Copacabana). Registrations are open. To register, individuals must fill out an online form that can be found at:

ANP has indicated that seats for the seminars will be allotted on a first-come basis, the online preregistration serving only to process registrations more quickly and therefore timely starts on the day of the events.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions