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Questions & answers about certification

Publicado: Quarta, 05 de Abril de 2017, 13h43
Atualizado: Quarta, 10 de Maio de 2017, 14h02

Since June 2016, the ANP has published the questions and answers sent by Local Content Certifiers duly accredited by the ANP with the use of the Local Content Certification Consultation Form available here.

Number Category Title File
001/2016 Material Electrical cables produced in series Download
002/2016 System Doubts regarding CCL Reports 01/2016 e 02/2016 Download
003/2016 Set Use of Debit Invoice Download
004/2016 Good Scope of supply of a good, requesting global certification and certification of its parts Download
005/2016 Set Certification of Technical Assistance services in onshore areas Download
006/2016 NA Compressed nitrogen gas Download
001/2017 NA Flowline inspection Download

In addition, based on the accumulated question and answer history, the questions and answers below were elaborated in order to clarify doubts from the certifying companies regarding criteria and procedures to carry out the Local Content Certification activities established by ANP Resolution 19/2013 and by the CCL/ANP Reports.

The answers are generic and consider that the object of certification is the one mentioned in the questions themselves.

These questions and answers are informative, not binding the certification procedures, which must be conducted by certifiers according to ANP Resolution 19/2013.

The ANP reserves the right to modify the contents of this document without prior notice.

  • 1. SUBJECT / OBJECT OF CERTIFICATION: GOOD

    • 1.1. How to certify a good with incorporation of components supplied by subcontracted entities?

      A: The good and its components, if these are also goods, shall be certified according to Article 7 and criteria of Item 3 of the Local Content Primer, Annex II of the Resolution: Article 7. All products classified as Goods shall be certified, even if they are parts of, or compose, other Good, Set or System, which are objects of certification. Otherwise, a methodology must be established to verify the origin of the manufacturing and values of the subcontracted components, according to Article 8 of the Resolution: Article 8. In the process of certification of a Good, components that are not classified as Goods, should not be certified, only measured by verifying the origin of their manufacture and the value contained in tax documents, or any unequivocal documents, as established in the Local Content Primer, contained in Annex II of this Resolution.

    • 1.2. Goods dismembered, in the invoice, in several equipment must be certified as a whole?

      A: The contract should state the object of certification, whether the goods are isolated or are part of a whole. It should be noted that no invoice is certified, but the tax document is used as evidence for the origin and value of the good or component. The object of certification is the one defined in the scope of the contract, according to Article 4: Article 4. The Local Content Certification will apply to contracts for the supply of a Good, Good for Temporary Use, Material, Set, Labor Service, System or System for Temporary Use, under the following conditions: (...). The certification follows, according to Article 7: Article 7. All products classified as Goods must be certified, even if they are parts or compose other Good, Set, or System, which are objects of certification.

    • 1.3. How to proceed in the certification of products that are part of a KIT not subject to certification?

      A: Products that are part of another are certified only as established in Article 7: Article 7. All products classified as Goods must be certified, even if they are parts of, or compose, other Good, Set, or System that are objects of certification. Therefore, if the main product is not eligible to be certified, its components are not certified either.

    • 1.4. How to proceed in the appropriation of the domestic portion of an imported Good that uses domestic inputs in its manufacture

      A: In order to deduct the domestic portion out of the value of the imported portion, the input must be considered a Good, and be certified, as explained in letter b of the Observations of Chapter 3, in the Local Content Primer: b) The values of domestic portions of deliveries made by domestic manufacturers, if there are any, may be deducted from the value of the imported portion, based only on the value originally invoiced by the national manufacturer of the exported Good, or the one incorporated into the foreign supply.

    • 1.5. Can imported products be certified when manufactured with domestic raw material, or when domestic components are incorporated to them?

      A: The object to be certified is an imported product; and in this case, we refer to Article 9: Article 9. Goods and Systems of foreign origin are not subject to certification, with the exception of Goods or Systems manufactured in Brazil and under special customs regime of export and import of goods intended for research and mining activities of oil and natural gas deposits, and in the cases described in Article 22 of this Resolution.

    • 1.5. Produtos importados podem ser certificados quando forem fabricados com matéria prima nacional ou quando incorporados componentes nacionais a eles?

      R: O objeto a certificar é um produto importado; e para este caso nos referenciamos ao Art. 9º: Art. 9º. Os Bens e os Sistemas de origem estrangeira, não serão objeto de certificação, a exceção dos Bens, ou Sistemas, fabricados no Brasil e sob o regime aduaneiro especial de exportação e de importação de bens destinados às atividades de pesquisa e lavra das jazidas e petróleo e de gás natural, e dos casos descritos no artigo nº 22 desta Resolução.

    • 1.6. Is it possible to deduce the value of the domestic portion of a product (domestic Material) from the imported portion of a product (imported Good)?

      A: Observation “b” of Chapter 3 of the Local Content Primer, Annex II of the Resolution, explains the deduction of values of domestic portions, and these values refer to Goods. b) The values of domestic portions of deliveries made by domestic manufacturers, if there are any, may be deducted from the value of the imported portion, based only on the value originally invoiced by the national manufacturer of the exported Good or the one incorporated into the foreign supply. The discount of the domestic portion of imported deliveries will be made by the concession holder when reporting to the ANP, based on the tax document and the certificate of the input that composed the imported good.

  • 2. SUBJECT / OBJECT OF CERTIFICATION: SYSTEM

    • 2.1. In support vessels that use logistics equipment, can these be certified?

      A: Although Paragraph 1 of Article 3 of ANP Resolution 19 establishes that logistics equipment is not considered as Goods or Materials. CCL Report No. 001/2014 – Understanding on Logistics Equipment – establishes exceptions.

      Paragraph 1 of Article 3 of the Resolution establishes that: Paragraph 1. The following items shall not be considered as Goods or Materials: I - Logistics: cars, buses, trucks, concrete mixers, excavators, forklifts, tractors, hoists, tow trucks, gantries, cranes (except offshore cranes), conveyors, scales, cargo containers, airplanes, barges, pushers, and related equipment;

      CCL Report No. 001/2014 – Understanding on Logistics Equipment – guides: (...) Regarding the framework of these logistics equipment, this coordination guides: "Logistics equipment exclusively used by the petroleum industry, or that are major components of Systems, such as hoists that compose AHTS-type vessels, do not fall within the definition of the abovementioned paragraph, and therefore must be treated as Goods."

    • 2.2 In the certification of Systems, for example, a drilling rig, in addition to the certification of the Goods that compose them is there a need for certification of all subcontracted services?

      CCL Report No. 015/2013, from October 18, 2013 – Certification of Labor Services subcontracted by supplier in Certification process – guides:

      1. Article 16 of ANP Resolution 19/2013 states that services directly related to exploration and production development operations, even those that are subcontracted, are subject to certification and, when certified, they must be certified in the origin of the service provision.

      2. In this case, the Certification of the subcontracting may be exempt, that is, the labor services subcontracted by supplier in Certification Process, involving only the use of labor, do not need to be certified in the cases of: (i) all labor being proven local; (ii) all labor being foreign.
      (...)

  • 3. SUBJECT / OBJECT OF CERTIFICATION: DOCUMENTATION

    • 3.1. How to proceed in filling the Local Content Certification when payments are made to a foreign company (supplier of the product) not registered as Legal Entity in Brazil.

      A: Imported products (Goods and Systems) are not certifiable, according to Article 9.

      Article 9. Goods and Systems of foreign origin are not subject to certification, with the exception of Goods or Systems manufactured in Brazil and under special customs regime of export and import of goods intended for research and mining activities of oil and natural gas deposits, and in the cases described in Article 22 of this Resolution.

      However, as the article above explains, and Article 22 describes, there are exceptions:

      Article 22. Systems that carry out reform in Brazilian shipyards or in the national territory, even if these Systems are of foreign origin, shall be eligible for certification, following the rules established by the Local Content Primer, contained in Annex II of this Resolution.

      If the case falls within the above exceptions, a document equivalent to the CNPJ may be accepted, following the provisions of Article 40, Section II:

      Article 40. Certifiers shall maintain a permanent record of all certificates issued, which shall contain at least: I – certificate number; II – corporate name and CNPJ of the certificate requester, or the equivalent, for foreign requesters; III – the product and/or service referred and its main characteristics; IV – percentage value of the local content measured; V - corporate name and CNPJ of the concession holder; VI – date of issue of the certificate; VII – validity of the certificate, if applicable.

    • 3.2 How to proceed in the certification of objects not covered by ANP Resolution 19/2013 and required by operators in the ANP standard??

      A: The issuance of Local Content Certificate is prohibited in the model contained in Annex I of said Resolution. As explained in the CCL/ANP Report No. 017/2013:

      (...)
      "2. If certification is requested for an object that does not fit the definitions or the scope of ANP Resolution 19/2013, particularly one that is not applied in the exploration of blocks or the production development of fields, it is forbidden for the certifier to issue Local Content Certificate in the model contained in Annex I of said Resolution. 3. The model of Local Content Certificate contained in Annex I of ANP Resolution 19/2013 may only be used by companies duly accredited by the ANP for the certification of objects that fit its definitions and scope."
      (...)

  • 4. SUBJECT / OBJECT OF CERTIFICATION: SOFTWARE/LABOR

    • 4.1 Since Software has its own definition, not fitting into Good or Material, nor is it an IT item, would the Local Content methodology for Sets be applicable for labor services associated to it?

      A: Article 33 of ANP Resolution 19/2013 does not mention Software as an item that can be associated to the use of labor.

      The cost of a software is considered in the local content calculation.

      Article 33. If, in a service provision contract, there is the use of labor associated to any item that does not fit the definitions of Good, Material, Good for Temporary Use, or System for Temporary Use, the contract must only apply the methodology for calculating local content of Labor Services (ILS), as defined by the Local Content Primer, contained in Annex 2 of this Resolution.

      Chapter 7 of the Local Content Primer reinforces this understanding:

      Local Content in Labor Services, including Software, will be measured using the cost index for local labor usage in service provision (ILS). The ILS must be applied to the value of the service hired, excluding the ISS (tax over services), to calculate the Local Content in Labor Services.

  • 5. SUBJECT / OBJECT OF CERTIFICATION: LABOR SERVICES

    • 5.1. Must every subcontracted, outsourced service, be certified? That is, does an invoice referring to a service provided by outsourced labor have to be certified when included in the worksheet?

      A: Subcontracted services are subject to certification, according to Article 16:

      Article 16. Services directly related to exploration and production development operations, even those that are subcontracted, are subject to certification and must be certified in the origin of the service provision. Sole paragraph: This provision includes services of installation and technical assistance of Goods and Systems.

      CCL Report No. 015/2013 – Certification of Labor Services subcontracted by supplier in Certification process – establishes additional procedures to the aforementioned article:

      (...)
      2. In this case, the Certification of the subcontracting may be exempt, that is, the labor services subcontracted by supplier in Certification Process, involving only the use of labor, do not need to be certified in the cases of: (i) all labor being proven local; (ii) all labor being foreign.
      (...)

      4. If the subcontracted Labor Service is carried out using domestic and foreign labor, certification shall be mandatory as established in the Local Content Primer.

      5. The exceptionality foreseen in this report does not apply to situations where: (i) the hired Labor Service is related to an expense that is an item of Local Content contractual commitment. And/or (ii) the Labor Service is subcontracted with a foreign company.

    • 5.2 Can professional qualification centers for personnel involved in drilling be certified?

      A: Professional qualification centers are not directly related to activities of exploration and production development.

      ANP Resolution 19/2013 determines the application of LC Certification only for E&P activities in the Exploration Phase and Production Development Stage, related to the execution of Concession, Onerous Assignment and Production Sharing contracts.

      In addition, as established in Article 4:

      The professional qualification centers do not fit in any of the definitions above. In addition, CCL Report No. 17/2013 – Certification of object not covered by ANP Resolution 19/2013 – explains the procedure that must be observed in the case of a request of local content certification involving an object that does not fall within the scope of ANP Resolution 19/2013:

      (...) 2. If certification is requested for an object that does not fit the definitions or the scope of ANP Resolution 19/2013, particularly one that is not applied in the exploration of blocks or the production development of fields, it is forbidden for the certifier to issue Local Content Certificate in the model contained in Annex I of said Resolution.
      (...)

    • 5.3. Are Maintenance Services in Materials and Systems also not subject to certification, as it is the case with Goods?

      A: Only System reform services are subject to certification, according to Article 22 of Resolution 19/2013:

      Article 22. Systems that carry out reform in Brazilian shipyards or in the national territory, even if these Systems are of foreign origin, shall be eligible for certification, following the rules established by the Local Content Primer, contained in Annex II of this Resolution.

  • 6. SUBJECT / OBJECT OF CERTIFICATION: MATERIALS

    • 6.1. How to identify a product imported by the CST – Tax Status Code?

      A: CCL Report No. 013/2013 – Use of the Tax Status Code – provides guidelines on the procedures that must be observed when using the Tax Status Code.

      (...)
      1. In cases when the Tax Status Code – CST, contained in tax documents, is used to verify the manufacture origin of Materials or Components of a Good in a process of local content percentage calculation, products shall be considered as fully imported whose first digit of the CST is one of the following: 1, 2, 6 and 7.

    • 6.2. Will materials framed as serial products have certificates with maximum validity of 4 years?

      The possibility of 4 years maximum validity for these products is established in Article 29:

      Article 29. The Local Content Certificate for configurable products, serial products or product families may have a maximum validity of four (4) years.

    • 6.3. Should paints for vessel/platform hulls, framed as Material, be certified?

      A: Materials shall be certified only if acquired directly by operators and there is a need for proof of local content, according to Article 11.

      Article 11. All products classified as Materials shall only be certified according to the Local Content Primer, contained in Annex II of this Resolution, in case they are acquired directly by operators and there is a need of proof to comply with contractual local content.

      For all other cases, follow what Article 12 and sole paragraph of the Resolution determines:

      Article 12. Products classified as Materials that are part of contracts associated with Sets or Systems will not be subject to certification. Sole paragraph. For cases provided for in the caput of this article, only the measurement of such items shall be done, by verification of its manufacture origin and the value contained in tax documents, or any unequivocal documents, as established in specific chapter for local content calculation of Sets in the Local Content Primer, contained in Annex II of this Resolution.

  • 7. SUBJECT / OBJECT OF CERTIFICATION: SET

    • 7.1. Can the hiring of labor service with supply of raw material for manufacture of products be framed as Set?

      A: The definition of Set is established in Section VII of Article 3:

      Article 3.
      (...)
      VII. Set: service contracts that involve labor associated to the use of a Good or Material, or Good for Temporary Use or System for Temporary Use;
      (...)
      Therefore, labor service contracts with the supply of raw material for product manufacture must be classified as Labor Service, defined in Section XXVIII of Article 3

      Article 3.
      (...)
      XXVIII. Labor Service: service contracts that involve exclusively the use of labor directly related to the completion of exploration and production development activities, such as: engineering workers, management, construction and assembly workers, technical consultancies; or those associated to other items that are not classified as Good, Good for Temporary Use, Material, System or System for Temporary Use;

      It is worth noting that the supply of raw materials should not be accounted for as labor.

  • 8. SUBJECT / OBJECT OF CERTIFICATION: GENERAL

    • 8.1. Is the local content certification applicable to professional training centers, refineries or petrochemical complexes?

      A: The current Local Content contractual obligations are the ones defined in contracts related to Exploration & Production, according to Article 4 and its Sections, and Article 5.

      ANP Resolution 19/2013 determines the application of LC Certification only for E&P activities in the Exploration Phase and Production Development Stage, related to the execution of Concession, Onerous Assignment and Production Sharing contracts.

      Article 4. The Local Content Certification will apply to contracts for the supply of a Good, Good for Temporary Use, Material, Set, Labor Service, System or System for Temporary Use.
      (...)
      Article 5. Any item acquired and used by the concession holder, the assignee and the contractor in the execution of Concession, Onerous Assignment or Production Sharing contracts, in the exploration phase or in the production development stage, provided that it falls within the definitions of Good, Material, Good for Temporary Use, Set, Labor Service, System for Temporary Use or System, and there is a need of proof to comply with contractual local content, shall be certified according to the provisions in this Resolution.

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