ANP PUBLISHES GUIDELINES ON CERTIFICATION OF LOCAL CONTENT REGARDING MARINE SUPPORT VESSELS

The Brazilian Oil Agency (ANP) published on 09/02/2019 Report No. 005/2019 of the Local Content Superintendence (SCL), with guidelines regarding the Certification of Local Content for Joint Charter Parties of Support Vessels and Aircraft.

The ANP considers that joint contracts are service contracts involving labor associated with the use of machinery or equipment.

The report states that when certifying joint charter parties for maritime support vessels or aircraft that do not clearly specify the division of items for measurement and billing purposes, all traceable information on the contract must be considered for the calculation of the imported portion, even if in pre-contract documents (bidding process), regardless of the title assigned to the item in the contract, provided that such information allows to completely rule out the risk of foreign portions or values not subject to local content certification being considered as domestic portions

The calculation must be made according to the values actually used, and the other documents used only as a reference for the certification agent of the item that actually represents the imported portion.

When it is impossible to segregate the imported portion in a given contractual item, the entire value of the contractual item must be considered as imported portion.

The use of the costs of the charter parties for maritime support vessels used in the exploration and production of oil and natural gas in the determination of the local content related to the concession and sharing contracts in the exploration and production of oil and natural gas is provided for in ANP Resolution No. 19 of 2013. The certification involves the percentage of local content in the costs of the vessel, the consumed inputs and the crew during the contract term.