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Understand How The New Regulation By The ANP Changes Local Content Indices, Promotes Tax Incentives And Strengthens Supervision Mechanisms In The Oil And Gas Sector
The National Agency of Petroleum, Natural Gas and Biofuels (ANP) published, on March 25, 2025, a series of new rules that regulate the application of local content in oil and gas exploration and production contracts in Brazil.
The responsible parties based these updates on Law No. 15,075, which was enacted in December 2024 and amended provisions of Law No. 9,478/1997, known as the Petroleum Law.
The focus is to enhance the competitiveness of the national industry, increase the participation of Brazilian suppliers, and ensure greater regulatory transparency.
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What Are The Main Points Of The New Regulation?
The ANP presented four action fronts that make up the new set of rules. The first authorizes the transfer of excess local content between contracts of the same operator. The second provides incentives for shipbuilding through accelerated depreciation for tankers built in Brazil. The third allows for the reduction of royalties in contracts from Round Zero, provided that companies implement new production stationary units (UEPs) with satisfactory local content indices.
Finally, the fourth determines the expansion of inspection actions and the periodic publication of data on compliance with regulatory targets.
Transfer Of Local Content Between Contracts
With the new regulation, operator companies can transfer excess local content from one contract to another under their ownership. This flexibility also applies to contracts from Round Zero, signed between 1998 and 2000, which originally did not foresee minimum local content requirements. The ANP clarifies that the measure aims to optimize resource allocation and promote more efficient investments in goods and services produced in Brazil. Industry representatives, who have long advocated for greater contractual flexibility without compromising global nationalization indices, view the measure positively.
Accelerated Depreciation For National Tankers
The Resolution No. 15 of the National Council for Energy Policy (CNPE), published in January 2025, established a tax incentive for the construction of tankers. It allows companies to depreciate vessels used in the cabotage of oil and derivatives in an accelerated manner, provided they meet local content criteria.
Furthermore, it is necessary for the vessels to be built in national shipyards to guarantee the tax benefit provided for in the legislation.
According to the Secretary of Development of the Naval Industry, the measure can help revive Brazilian shipyards and generate direct and indirect jobs.
Additionally, the impact will be greater in states with a strong vocation for shipbuilding, strengthening the local economy and the productive sector.
Reduction Of Royalties With Investment Requirement In National UEPs
Another front of the new ANP policy allows for the reduction of the royalty rate to up to 5% in old Round Zero contracts. To qualify for this benefit, the operator must invest in new Production Stationary Units (UEPs) with a high percentage of local content. According to the Ministry of Mines and Energy, the measure aims to renew the infrastructure of mature fields and encourage industrial innovation in the country.
Additionally, it seeks to attract productive investments to Brazil, strengthening the energy sector and promoting sustainable economic growth. The federal government’s expectation is that, by 2027, at least ten new UEPs will be enabled based on this incentive model.
Transparency And Strengthened Supervision
The ANP also announced measures to expand supervision and increase the transparency of regulatory actions. Starting in the second half of 2025, the ANP will issue local content certificates based on standardized technical criteria. The agency will publicly disclose quarterly reports with information on the percentages achieved by contract and the balances of excess transferred between operators.
According to Felipe Kury, ANP’s inspection coordinator, regulators will prioritize regulatory transparency to ensure compliance with established targets.
Moreover, this approach aims to strengthen legal security in the oil and gas sector.
Expectations For The Sector And Economic Impacts
The National Confederation of Industry (CNI) estimates that companies and investors could generate up to 80,000 direct and indirect jobs in the country by 2030.
This will occur if the investment and construction targets set for the coming years are achieved.
The Brazilian Association of Oil Service Companies (ABESPetro) highlights that the measures should attract national suppliers to technically demanding areas.
These areas include drilling, industrial automation, and underwater engineering, which require high technical standards and continuous investment.
According to the Ministry of Mines and Energy, the policy is aligned with the goals of reindustrialization of the oil and gas sector in Brazil.
Moreover, it seeks to promote sustainable growth throughout the national productive chain.
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