Oil and Gas: New Regulation on access to Seismic/E&P Data in Brazil

Posted on: Nov 27, 2018

The National Agency of Oil, Natural Gas and Biofuels (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis – “ANP”) enacted on November 26, 2018, the Resolution No. 757/2018, regulating the acquisition and processing of data, preparation of studies and access to technical data regarding exploration, development and production of oil and natural gas in Brazilian sedimentary basins.

According to the Brazilian Constitution, all data and information on Brazilian sedimentary basins integrate the national petroleum resources, thus being owned by the Brazilian government.

In similar manner, Law No. 9,478/1997 establishes that the technical collection of data and information on Brazilian sedimentary basins is considered an integral part of national petroleum resources, and attributes to ANP the responsibility for its collection, maintenance and administration. To that effect, the ANP established the Exploration and Production Database (Banco de Dados de Exploração e Produção – “BDEP”), which receives, evaluates, stores and makes over six petabytes worth of data available to applicants, following the rules of confidentiality stipulated by current regulatory standards. The data and technical information acquired in E&P activities are subject to a period of confidentiality, ranging from 2 to 10 years, depending on its classification and the confidentiality criteria are established pursuant to Annex I of Resolution 757/2018.

Resolution 757/2018 – which expressly revoked ANP Resolutions No. 11/2011 and 1/2015, that previously dealt with the access to E&P data – no longer requires for the interested party to be a company incorporated under Brazilian law to have access to technical data, i.e. the access to the data held in BDEP is no longer restricted to Brazilian companies. As such, all public data can be accessed upon request to the ANP by any interested individual or legal entity.

Nevertheless, the new resolution kept the provisions pertaining confidential data stored by ANP, which may only be accessed by its respective owner.

Access to BDEP is given to “Potential Clients”, through a specific form or system available at ANP’s website, which includes the user’s identification and the data relation that one wishes to access, as well as to “Associated Clients”, who must enter into a standard agreement with ANP (the so called “adhesion agreement”), and subscribe access to
BDEP. The respective fees (each to “Potential Clients” and to “Associated Clients”) are disclosed on ANP’s website. Currently, the fees for Associated Clients range from BRL 30,820.00 to BRL 430.830.00 per year depending on the amount of data one wishes to access.

Universities and research institutions, however, shall have free access to a set of public data for research purposes.