Frequently Asked Questions FAQ

The E&P agreement assignment processis an administrative process in which a company requests authorization from ANP to assign a contract (transfer of contractual rights and obligations between companies), as well as for the execution of merger, spin-off, and incorporation acts, change of operator, and replacement or waiver of performance guarantee.

The assignment process must be initiated by the interested party through the Electronic Information System – SEI, according to the instructions in the Assignment Procedure Manual.

The Agreements Assignment page  sets out the procedure for submitting documents, the procedural rules, the list of documents required to open the process, and other requirements and information related to the assignment.

Assignees must comply with the qualification requirements set forth in the most recent tender protocol approved by the ANP Collegiate Board prior to the submission of the assignment request, according to the object of the agreement for which assignment authorization is being requested.

Interested companies may resolve any doubts regarding the qualification requirements set forth in the tender protocol by sending an email to edital_opc@anp.gov.br or edital_opp@anp.gov.br, depending on the tender protocol in question.

Please see the current tender protocols of the Open Acreage of Concession and the Open Acreage of Production Sharing.

Under the terms of ANP Resolution No. 785/2019, ANP has 90 days to issue an opinion on the approval or rejection of the request, counted from the submission of complete and compliant documentation.

In the case of a production sharing agreement, ANP has the same deadline to issue a recommendation to the Federal Government, which shall decide on the request within sixty (60) days from receiving the recommendation.

The assignment only becomes effective upon the signing of the respective contractual amendment, which must occur within thirty (30) days after the assignment’s approval.

Under the terms of ANP Resolution No. 785/2019, the assignment becomes effective and enforceable from the date of signature of the amendment to the E&P agreement.

Concession and production sharing agreements require concessionaires and contractors to notify ANP of any changes to their incorporation documents (bylaws or articles of incorporation) and changes in officers within thirty (30) days of their filing with the competent Board of Trade.

In the case of a change in corporate control or the exit of the concessionaire or contractor from the corporate group to which it originally belonged, ANP Resolution No. 785/2019 requires the notification to be accompanied by the follow documents:

I - corporate acts or, in the case of joint stock companies, documents reflecting the change in corporate control;

II - an organizational chart detailing the entire control chain of the corporate group, financial statements for the last fiscal year, and a technical summary, as per the most recently approved tender protocol prior to submission; and

III - a final approval decision by the Administrative Council for Economic Defense (CADE), pursuant to Law No. 12.529, of November 30, 2011, along with its publication in the Federal Official Gazette (DOU), or justification for not submitting it.

If participation in the E&P agreement is secured by a performance guarantee and the change in corporate control or exit from the group breaks the corporate link between the guaranteed party and guarantor, an assignment process must be initiated for replacing the performance guarantee as per ANP Resolution No. 785/2019.

Clarifications regarding assignment processes shall be requested via email to rodadas@anp.gov.br.

To optimize the service, it is recommended that the applicant look up the desired information in advance in the Manual of Assignment Procedure beforehand..

Information on the progress of ongoing assignment processes will only be provided to the accredited representatives of the assignor and assignee.

The Open Acreage is the main bidding modality for oil and natural gas exploration and production in Brazil, established according to the guidelines of the National Energy Policy Council (CNPE), through Resolution No. 17/2017.
Unlike traditional bidding rounds, this model allows the continuous offering of exploration blocks and areas with marginal accumulations, located in onshore or offshore basins.
The granting of rights for the performance of activities is done under the concession and production sharing regimes. Blocks located in the pre-salt area or strategic areas, under the production sharing regime, are reserved for specific deliberation by the CNPE, with the definition of parameters for each block to be tendered.

Each cycle of the Open Acreage comprises all activities necessary for holding the public session for submission of offers for the sectors or blocks subject to a declaration of interest and will also include the qualification of the winning bidders of the public session, the award of the bidding object, the homologation of the result, and the signing of the agreements.
For a cycle to occur, a bidding company must declare interest in a sector (for the concession regime) or a block (for the production sharing regime), among those available in the tender protocol, and submit a bid guarantee in the minimum amount established in the tender protocol.
The schedule, to be established by the Bidding Round Special Commission (CEL) for each cycle of the Open Acreage, will observe a minimum period of 120 days and a maximum of 180 days between the approval of the first declaration of interest and the date of the public session for submission of offers.

The available exploration blocks and areas with marginal accumulations can be consulted in Annex I of the Open Acreage tender protocols and are also published on specific pages.

• Check the current tender protocols of the Open Acreage of Concession and the Open Acreage of Production Sharing.
• Click here to consult the blocks of the Open Acreage of Production Sharing.
• Click here to consult the blocks of the Open Acreage of Concession.
• Click here to consult the areas with marginal accumulations of the Open Acreage of Concession.

The company interested in participating in the bidding must register individually for each of the contracting regimes it wishes to participate in, and for this, must:

* Fill in the online registration form, and
* Submit to ANP the registration documents provided for in the tender protocol.

Maintaining the status of bidder in the Open Acreage is subject to the annual update of registration documents as established in the tender protocol. In the case of a consortium, all consortium members must register and update their documents individually.

The registration request will be judged by the Bidding Round Special Commission (CEL) within fifteen (15) business days, extendable for an equal period, counted from the date of submission of complete documentation, as established in the tender protocol for each contracting regime.
After the CEL approves the registration, the interested party will obtain the status of bidder and will be included in the list of bidders of the corresponding Open Acreage contracting regime.
Annually, ANP will publish a list of Open Acreage bidders for each contracting regime on the specific bidding website, based on CEL’s assessment of the registration and of the document update requests.

Only those bidders included in the most recent list of bidders of the corresponding Open Acreage contracting regime may participate in a cycle.
The status of active bidder in the Open Acreage is subject to the annual update, in June of each year, of registration documents or the submission of a declaration stating that the previously submitted documents remain up to date as per the tender protocol.

The company will have its registration suspended and be excluded from the list of active bidders in the Open Acreage.

However, it can regularize its status at any time by submitting updated registration documents or a declaration attesting that the previously submitted documents remain valid.
If a cycle is underway and the company with a suspended registration wishes to participate, the update may be made within the deadline set by CEL in the respective cycle’s schedule.

Registration for the Open Acreage is continuous and can occur at any time. Even after a cycle is opened, companies interested in participating in that cycle who are not included in the latest published list of Open Acreage bidders by ANP may register or update their documents.

No. The qualification stage takes place after the public session for submission of offers, with only the winning bidders of the public session and any affiliates indicated for agreement signing, if applicable, being subject to qualification.
Qualification involves analyzing documentation to verify the bidder’s legal, tax, and labor regularity, economic-financial capacity, and technical capacity and is related to a bidding process in progress or an assignment process.

Only bidders with active registration, included in the most recent list of Open Acreage bidders, under ANP Resolution No. 969/2024, in the corresponding contracting regime, may submit a declaration of interest.
Bidders included in the most recent list of Open Acreage bidders may submit declarations of interest at any time.

If no cycle is underway, the documents will be analyzed and may trigger the opening of a new cycle. If a cycle is ongoing, bidders must observe the schedule established by CEL to participate in that cycle.
Submitting a declaration of interest after the deadlines set in the cycle’s schedule will result in the opening of a new cycle after the public session for submission of offers of the current cycle.

CEL will disclose, according to the date stipulated in the current cycle schedule, the sectors (in the case of OPC) or blocks (in the case of OPP) for which declarations of interest have been submitted and will be on offer in the public session of the cycle. However, for confidentiality reasons, the corporate names of the bidders who submitted declarations will not be disclosed.
The declaration of interest indicates the commercial strategy of the bidders in bidding rounds. If this information were disclosed, it could compromise the competition in the process.
The interest of the bidders in the exploratory blocks or areas will only be known during the public session for submission of offers, when the offers are processed, and results are announced.

No. There is no need to present any document indicating that the bidder will participate in a consortium. ANP will only know if the bidder will participate individually or in a consortium during the public session for submission of offers, as this information will be contained in the envelope holding the bid.
The declaration of interest must always be accompanied by a bid guarantee in the minimum amount indicated in the tender protocol for each sector/block of declared interest.

Declarations of interest, in accordance with the template in the current tender protocol, may be submitted in hard copy or issued digitally and signed with a digital certificate, and must be sent to the e-mail garantias.rodadas@anp.gov.br.

Bid guarantees may be submitted in hard copy or in digital format, provided they are signed with an ICP-Brasil digital certificate, and must be sent to the e-mail garantias.rodadas@anp.gov.br. In cases where they are in hard copy, the originals must be sent to ANP Central Office or delivered to ANP’s Protocol Office, to the attention of the Licensing Rounds Promotion Superintendence (SPL).

Yes. Bidders with active registration, included in the most recent list of bidders of the Open Acreage, may submit a bid guarantee without having previously submitted a declaration of interest for a cycle in progress. However, it is essential to note that a bidder that has only submitted the bid guarantee may only submit a bid in a consortium with a bidder that has submitted a declaration of interest. This measure seeks to expand the possibilities for forming consortia, providing greater flexibility to companies in forming partnerships throughout the bidding process.

The Offer Generator Program (GEOF) is made available by ANP approximately one month prior to the date set for the public session of the ongoing cycle.

Qualification is a requirement for winning bidders participating in ANP bidding rounds and designated affiliates to sign the contract, as well as assignees participating in contract assignment procedures. It is a mandatory step that must be completed prior to the signing of concession and production sharing agreements for the purposes of carrying out oil and natural gas exploration, rehabilitation, and production activities.

The qualification process involves the analysis of bidder’s documentation to verify:

a) compliance with legal, tax, and labor regulations;
b) economic and financial capacity; and
c) technical capacity.

The qualification process is conducted by the Licensing Rounds Promotion Superintendence (SPL).

The qualification process, as provided for in ANP’s Internal Regulations, is carried out in the following circunstances:

(i)when a bidder is declared the winner bidder in a bidding round; or
(ii) when an assignee participates in a process for the assignment of oil and natural gas exploration and production agreements.

Therefore, only bidders participating in the processes listed above may be qualified; these bidders will consequently become signatories to contracts or amendments to contracts under the concession and production sharing regimes for the purpose of carrying out oil and natural gas exploration, rehabilitation, and production activities.

Successfull bidders in bidding rounds must comply with the qualification requirements set forth in the tender protocol governing the round in which they are participating.

Similary, companies participating in agreement assignment procedures must comply with the qualification requirements set forth in the most recently approved tender protocol by ANP’s Collegiate Board prior to the submission of the assignment request, in accordance with the object of the subject matter of the agreement for which authorization for assignment has been requested.

Please see the current tender protocols of the Open Acreage of Concession and the Open Acreage of Production Sharing.

Interested companies may clarify any queries regarding the eligibility requirements set out in the tender protocol by sending an email to edital_opc@anp.gov.br or edital_opp@anp.gov.br, depending on which tender protocol the query relates to.

It is not possible to obtain pre-qualification. Qualification is only carried out for successful bidders in public bidding rounds and companies participating in a contract assignment process at ANP.

Any interested company not falling within the specified qualification criteria may review the requirements set forth in the tender protocol and clarify any doubts regarding its content by sending an email to edital_opc@anp.gov.br or edital_opp@anp.gov.br, depending on the tender protocol to which the query relates.

Yes, the qualification applies to a specific bidding round or E&P agreement assignment process and cannot be used for other rounds or contract assignments.

Documents submitted for registration and qualification are processed in specific procedures, individualized for each bidder.
However, documents contained in this files, in accordance with the rules set out in the tender protocol, may be used for registration and qualification, upon request by the interested company.

Therefore, it is possible to use valid documents held on file by the conpany; however, this does not constitute prior qualification with ANP.

For the purposes of E&P tender protocols, a corporate group is defined as the set of legal entities linked by a relationship of common control, whether direct or indirect.

The corporate group organizational chart is a document produced by the interested party detailing the entire control chain of its corporate group, indicating the respective percentage of voting shares or quotas held by each legal entity within that group, as well as by each natural persons controlling those legal entities.

Yes. Any such conditions must be met in advance, including joint director signatures, express authorization from partners or the Board of Directors to carry out certain acts, including the signing of agreements, among other conditions set forth in the bylaws/articles of incorporation which may limit or prohibit the interested party’s participation in bidding rounds and in procedures for the E&P agreements,as well as the exercise of powers by their officers/legal representatives.

A performance guarantee is a document by which a legal entity, whether a parent company (direct or indirect) or a head office, fully guarantees the contractual obligations undertaken by a signatory company that is part of its corporate group.

A performance guarantee will be required from the bidder or assignee, acting exclusively as operator, where it has not demonstrated its own experience in oil and natural gas exploration and production activities, but is technically qualified on the basis of the experience of its corporate group.
The performance guarantee must be submitted in the form set out in the tender protocol and must be accompanied by:

(i) corporate documents of the company providing the guarantee; and
(ii) an organizational chart setting out the relationship between the legal entity providing the guarantee and the E&P agreement signatory.

Enquiries regarding the qualification process must be submitted via the email to edital_opc@anp.gov.br or edital_opp@anp.gov.br, depending on the contracting regime related to the qualification.

To ensure the best possible service, it is recommended that the applicant consults the relevant tender protocol and the clarifications already published by ANP, including the explanatory notes from the Bidding Round Special Commission (CEL) which are binding.

Please refer to the current tender protocols of tthe Open Acreage of Concession and the Open Acreage of Production Sharing.

Information on the progress of ongoing qualification processes will only be provided to accredited representatives.

Bidding rounds are auctions through which the Federal Government grants the right to conduct oil and natural gas exploration and production (E&P) activities in Brazil by signing agreements under the concession or production sharing regimes, in accordance with Law No. 9.478, of August 6, 1997.
There are two modalities of ANP bidding rounds: the specific bidding round and the Open Acreage system.

A specific bidding round is a tender aimed at granting the right to engage in oil and natural gas exploration, rehabilitation, and production activities in specific blocks that are not included in the Open Acreage system and are defined in accordance with rules established by the National Energy Policy Council (CNPE).

The Open Acreage is a system for the continuous tendering of blocks system for the granting of right to carry out oil and natural gas exploration, rehabilitation and production activities, established in accordance with the guidelines of the National Energy Policy Council (CNPE). Under this model, bidders notify ANP when they are ready to submit their bids by submiting a declaration of interest. Companies are allowed as much time as they deem necessary to study the technical data for these areas before making a bid, without being subject to the time limit set out in a specific round's tender protocol.

Currently, the Open Acreage is the main bidding modality for the exploration and production of oil and natural gas in Brazil, established in accordance with CNPE Resolution No. 17/2017

ANP bidding rounds are based on Article 177 of the 1988 Constitution of the Federative Republic of Brazil, Law No. 9.478, of August 6, 1997, Law No. 12.351, of December 22, 2010, and the CNPE Resolutions.

ANP Resolution No. 969, of May 16, 2024, sets out the procedures to be adopted in tenders for granting the right to carry out oil and natural gas exploration, rehabilitation and production activities under the concession and production sharing regimes.

For bidding rounds (cycles) under the Open Acreage system, the schedule for each cycle is approved by the Bidding Round Special Commission (CEL) for each contracting regime. For more details about Open Acreage cycles, please refer to the Open Acreage section of this page.

For specific bidding rounds, it is the responsibility of the National Energy Policy Council (CNPE) to authorize them and to define the exploratory blocks or areas with marginal accumulations that will be offered in the tenders.

Once a specific bidding round has been authorized, ANP publishes the tender's preliminary tender protocol, which contains the indicative schedule.
What is the procedure for successful bidders in a bidding process or assignees to obtain qualification? For questions regarding the qualification process, please see the Qualification Process section on this page.

Interested companies may clarify any questions regarding the qualification requirements set forth in the tender protocol by sending an email to edital_opc@anp.gov.br or edital_opp@anp.gov.br, depending on the specific tender protocol to which the question pertains.

For questions regarding the qualification process, please see the Qualification Process section on this page.

Interested companies may clarify any questions regarding the qualification requirements set forth in the tender protocol by sending an email to edital_opc@anp.gov.br or edital_opp@anp.gov.br, depending on the specific tender protocol to which the question pertains.

For questions regarding this topic, please refer to the Electronic Information System (SEI) section.

ANP participates in the National Electronic Process (PEN) project and has implemented the Electronic Information System (SEI) to manage electronic processes.

One of its main features is the reduction in the use of paperas a physical medium for institutional documents and the sharing of information, with real time updates and in the use of new events. This initiative saves time and resources and offers greater security, transparency, and efficiency in the processing of cases.

The processing of cases related to ANP bidding rounds and the assignment of E&P agreements is carried out through SEI. Interested parties may submit documents electronically, view processes, and track their progress in the electronic system.
The first step to using SEI is to register as an external user. This registration is intended for individuals, regardless of their affiliation with a specific legal entity.

To register in ANP's SEI, please visit the Electronic Process (SEI) page (in Portuguese). The External User Manual, also available on the page, serves as a guide for registration.

Registration will allow for electronic filing of documents. However, in-person filing will still be possible, and ANP's protocol units will continue to operate as usual .

The processing of cases related to ANP bidding rounds and the assignment of E&P contracts is carried out through the SEI. Interested parties may submit documents electronically, view cases, and track their progress in the electronic system.

The first step to using the SEI is to register as an external user. This registration is intended for individuals, regardless of their affiliation with a legal entity.

To register with the ANP’s SEI, visit the the Electronic Process (SEI) page. The External User Manual, also available on the page, serves as a guide for registration.

Registration will allow for the electronic filing of documents. However, , and the ANP’s filing offices will continue.

Interested parties should contact the Licensing Rounds Promotion Superintendence (SPL) via email at rodadas@anp.gov.br, specifying the name of the block/field or the agreement/process number for which they wish to obtain access.

The request will be evaluated based on the access level of the requested documents. The interested party will then be informed of the procedure for accessingthe documents in digital format.

The external user receives an email from rodadas@anp.gov.br stating that external access has been granted to a specific electronic process, along with a link to access it.

Alternatively external users can log in to view the processes to which they have access under the “External Access Control” tab in SEI-ANP. Regardless of the method of access, interim submission will be available.

Processes classified as public can be accessed and searched in the ANP’s SEI Public Search.

After opening the public search page, enter the process number and the confirmation code, then click “Search”. The case number resulting from the search will be displayed at the bottom of the page. Click on the process number to view the documents in the process file.

Please note that, although administrative processes are classified as public, some documents filed in these processes may be not available for public viewing because they are subject to access restriction, under the Access to Information Law (LAI) and the General Data Protection Law (LGPD).

If you wish to view public (non-confidential) documents that are part of a restricted process, the request must be made through ANP's customer service channel.

Only users designated as accredited representatives, through a power of attorney, will have full access to the company’s specific processes with SPL, such as registration and qualification processes. Bidders, through their legal representatives, may request access for third parties to the processes in which they are a party.