Biofuels, oil and its derivatives and natural gas and its derivatives
- Document symbol
- G/LIC/N/3/BRA/12
- Original language
- English
- Published on
- 21/09/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The National Oil Agency (ANP) aims to promote the regulation, contracting and supervision of the economic activities of the oil, natural gas and biofuels industry, and it is up to it, among others, to require regulated agents to send information regarding import operations of products subject to their regulation, in accordance with the Oil Law. ANP's import licensing system is based on ANP Resolution No. 777 of 5 April 2019.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The ANP import licensing system applies to the import of biofuels, oil and its derivatives and natural gas and its derivatives.
Q3. The system applies to goods originating in and coming from which countries?
The systems does not make distinction as to the origin or provenance of the goods.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The ANP import licensing system does not aim to restrict quantity or value, but to combat fraud.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
ANP's import licensing system is based on ANP Resolution No. 777 of 5 April 2019.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The average period for granting licenses is five days. The requests are analysed after they are sent by the system. The request for consent must be submitted in advance to ANP, since SECEX Ordinance No. 23 of 2011, establishes a period of up to 60 days to the acceptance of the application.
Q7.b. Can a licence be granted immediately on request?
The licenses are reviewed as soon as there is an opportunity, following the requests entry queue. The requests that do not involve sensitive products tend to be faster.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There is no limitation or restriction.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The licenses are payable on the basis of RANP No. 777/2019. In cases of sensitive products or in the occurrence of operations with goods whose classification cannot be specified under the terms of the NCMs approved by the ANP, there may be consultation with the company that imports or internal sectors of the ANP.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The analysis of requests follows the strict legality of ANP Resolution No. 777/2019 and that of SECEX Resolution that deals with the subject. There is no prediction of refusal without the proper motivation, which needs to be foreseen in the current set of rules. There is no appeal, but there is no impediment to the submission of a new request for consent.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Yes, all persons, firms and institutions are eligible to apply for licences. For the import and export operations of products whose NCMs, the ANP consents, Resolution ANP No. 777/2019 provides for authorization procedures for economic agents that do not still perform activity regulated by ANP, as well as hypotheses of operation in which authorization is not required.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
As the case may be, it is necessary:
- Confirmation of the acquirer by email, the registration number of the product;
- Confirmation of the purchase interest of the requested volume;
- Purpose of the use of the solvent by the acquirer;
- Information of the main customers of the acquirers of the products produced from the solvent;
- Information of all the products that will be formulated from the imported product and referral of MSDS (Material Safety Data Sheet) of these products;
- Submission of proof of tank capacity for storage of the imported product and documentation demonstrating ownership of the tanks or a third-party tank storage contract, along with photos of the tanks at the company's industrial plant;
- Information from previous suppliers of the product used for the production process indicated by the company;
- Address of website.
Q11. What documents are required upon actual importation?
ANP does not take care of the import operation, only consents the license application for the NCMs of products regulated by it.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no charge for a licensing fee or administrative charge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The license is valid for 90 days, extendable for the same period.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a license or a portion of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, licenses are consented on an individual basis.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The conditions are those laid down in the legislation.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation.