The TCU (Court of Audit) Warns That Oil and Gas Royalty Transfers May Be Compromised by ANP Operational Failures.
The Federal Court of Accounts (TCU) detected serious operational failures in the procedures of the National Agency of Petroleum, Natural Gas and Biofuels (ANP) for the calculation and distribution of oil and gas royalties, as well as special participation payments destined for public entities.
The analysis, motivated by a representation from the technical area of the TCU based on audits, revealed problems such as excessive manual processes, low system automation, and vulnerability to human errors, factors that, according to the Court, compromise the reliability, traceability, and transparency of the amounts transferred.
Operational Failures Put Oil and Gas Royalty Distribution at Risk
During an inspection at ANP headquarters, TCU technicians closely monitored the calculation routines for the transfers.
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The work revealed that the agency still relies heavily on spreadsheets and manual processes to carry out oil and gas royalty distributions, increasing exposure to inconsistencies and errors.
Royalties correspond to a financial compensation paid monthly by oil and natural gas producing companies to the Union, states, Federal District, and municipalities, as a way to compensate society for the exploitation of non-renewable natural resources.
Special participations, charged quarterly, are due in cases of fields with high production volume or high profitability.
According to recent data, in 2024, the collection of royalties and special participations reached R$ 58.22 billion.
For 2025, ANP’s projection is that the value will reach R$ 68 billion, further emphasizing the importance of ensuring reliable distribution processes.
Legal Basis and Judicial Difficulties Complicate the Scenario
The distribution of oil and gas royalties is regulated by specific legislations. Law No. 7,990/1989 and Decree No. 1/1991 define the division of the 5% royalty share, while Law No. 9,478/1997 and Decree No. 2,705/1998 address the division of excess amounts.
However, the TCU highlighted in the report that ANP is facing great difficulty in dealing with the increasing number of judicial decisions that directly interfere with the distribution methodology.
According to the Court, these decisions raise the complexity of the process and often result in orders that are difficult to execute, such as discounts on payments for municipalities that are no longer beneficiaries or that are protected by injunctions.
TCU Recommendations to Modernize Oil and Gas Royalty Management
In order to mitigate the identified risks, the TCU recommended a series of measures to ANP. One of the main proposals is to replace the use of spreadsheets with a dedicated computerized tool that ensures greater security and integrity in the calculations of oil and gas royalty transfers.
Another important recommendation is that all information used in the distribution process be stored in a database, with clear rules for traceability and reliability, which will allow for more precise future audits and checks.
The TCU also advised ANP to integrate its systems with the Federal Revenue Service, allowing for automated data exchange about royalty and special participation payments by company, in structured format. This connection should bring more agility and security to the process.
In addition, it was suggested that ANP work together with Banco do Brasil to improve the identification of the portions allocated to beneficiaries, making the entire financial flow more transparent and traceable.
Transparency and Reliability as Goals
The need to modernize the processes for distributing oil and gas royalties is urgent given the significant amounts involved annually.
The TCU warns that, without automation and system integration, the risk of errors and exposure to inconsistencies will continue to undermine the transparency of the transfers.
With the recommendations from the Federal Court of Accounts, it is hoped that ANP will adopt concrete measures to strengthen governance, ensure the proper allocation of public resources, and guarantee that society is duly compensated for the exploration of natural resources.
Source: Estadão

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