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Legal Update

Brazil 15th Bid Round – Drafts of Tender Protocols and Concession Contract

8 December 2017
Tauil & Chequer Legal Update

On December 7, 2017, Brazil’s National Agency of Petroleum, Natural Gas and Biofuels (“ANP”), published the tender protocols draft for the 15th Bid Round for exploratory onshore and offshore blocks under the concession regime, as well as the concession contract draft, the preliminary schedule and information regarding the offered areas.

The 15th Bid Round will be composed of two phases, the first one regarding offshore exploratory blocks and the second one regarding onshore exploratory blocks, which will occuur in separate public sessions.

The 15th Bid Round – Offshore includes 49 offshore blocks, located in five basins of high potential, as well as new exploratory frontiers: (i) Campos; (ii) Santos; (iii) Ceará; (iv) Potiguar; and (v) Sergipe-Alagoas.

On its turn, the 15th Bid Round – Onshore includes 21 blocks, located in two basins with new frontier areas: (i) Parnaíba; and (ii) Paraná.

According to the schedule of the draft tender protocols, the technical data package is already available. Those interested in accessing it must: (i) fill out an electronic registration form; (ii) present proof of payment of the participation fee, in accordance with the specific sector; and (iii) submit the term of confidentiality, according to the template provided in the draft tender protocol. Below you will find the schedule:

Event

Date

Publication of the draft tender protocols and draft concession contract

December 07, 2017

Commencement of the period for fulfillment of application forms, delivery of application documentation and payment of the participation fee

December 07, 2017

Technical data package availability

December 07, 2017

Deadline for comments to the draft tender protocols draft and to the draft concession contract, and public consultation

December 18, 2017

Public hearing (city of Rio de Janeiro)

Until December 21, 2017

Publication of tender protocol and concession agreement

January 25, 2018

Technical seminar

Until January 31, 2018

Environmental and fiscal-legal seminars

Until February 05, 2018

Deadline for the fulfillment of application forms, submission of application documentation and payment of participation fee

February 07, 2018

Deadline to present the offer bid bonds

March 08, 2018

Public session for the presentation of offers

March 29, 2018

Deadline for the submission of the qualification documentation (awarded bidder)

April 13, 2018

Award and ratification of the bidding

Until July 13, 2018

Deadline to present the following documents related to: (i) the signing of the concession agreement; and (ii) qualification of the affiliate appointed for the signing of the contract, if it is the case

October 11, 2018

Deadline for payment of the signing bonus and proof of payment

October 11, 2018

Concession contract

Execution

November 30, 2018

The tender protocol drafts are available on the ANP website (Portuguese only). All documents will be under public consultation until December 18, 2017, so that contributions may be made from both the industry and society in general.

We will continue to monitor the development of the 15th Bid Round, and will keep you posted through our legal updates.

*****

Observations in this update about Brazilian law are by Tauil & Chequer Advogados. They are not intended to provide legal advice to any entity; any entity considering the possibility of a transaction must seek advice tailored to its particular circumstances.

Authors

  • Bruno Triani Belchior
    T +55 21 2127 4205
  • André Lemos
    Associate
    T +55 21 2127 1632
  • Livia Seabra V. de Lima
    T +55 21 2127 4298
  • Henrique Rojas
    T +55 21 2127 4208
  • Leandro Duarte
    T +55 21 2127 4288
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