ANP held on Friday (2/12) the second public hearing on the draft resolution that will regulate the terms of conduct adjustment (TAC) of local content. The proposal is that, instead of paying fines for non-compliance with local content commitments (arising from certain contracts, not added by ANP Resolution No. 726/2018), companies make new investments in national goods and services, in order to stimulate the Brazilian industry.

"When we succeed in promoting this new commitment, we return to the core of the local content policy, which is the acquisition of goods and services in the country, promoting the national industry. What we want is to generate jobs and income, which is the main objective of the policy” , said ANP director Dirceu Amorelli at the opening of the hearing.

Local content commitments are those assumed by companies, in oil and gas exploration and production contracts, to contract a minimum percentage of national goods and services. For a TAC to be signed, there must be a sanctioning process, and the sanctioning process must be related to contracts that could not be amended by ANP Resolution No. 726/2018, charging a fine for non-compliance with these commitments. The idea is exactly to replace the fine with new investment commitments in the local industry.

Changes to the original draft 

The topic had already undergone public consultation and audience in 2020, but there was a change in the draft resolution with the aim of making the TAC more attractive. Due to the change, the ANP held a new consultation and hearing, ensuring greater transparency and legal certainty.

The original resolution draft established the maintenance of the two processes, the TAC and the sanctioning process. The second would be suspended and would only be filed at the end of the TAC, if it was fulfilled. If the TAC was not met, the company would pay a fine for this non-compliance and would also have the sanctioning process resumed from where it left off, and could pay another fine at the end.

The new draft, on the other hand, proposes that the TAC replace the sanctioning process, that is, that the second be filed when the term is concluded. Thus, in case of non-compliance, the operator will pay a fine only for non-compliance with the TAC.

As the signing of the TAC is optional for operators, the change aims to encourage the participation of these companies, increasing investments in the national industry. In addition, the new rules do not discourage the process of assigning rights, as could occur with the original proposal.

The new draft resolution passed a 45-day public consultation, during which 62 contributions were received. The suggestions received at the consultation and at the hearing will be evaluated by the technical area, to change or not the original draft. The consolidated text will undergo legal analysis by the Federal Attorney's Office at the ANP and approval by the Agency's collegiate board, before its publication.