Tiago Macêdo assists energy clients in a variety of regulatory matters, including in relation to Petrobras’s divestment programme.
The Legal 500
Overview
Tiago do Monte Macêdo is a partner in the Corporate and M&A practice at Tauil & Chequer Advogados in association with Mayer Brown, with a focus on the oil, natural gas, and hydrogen sectors. Since 2017, Macêdo has advised national and international clients in these sectors on transactions and projects in Brazil. Macêdo is a specialist in regulatory, contractual, and corporate issues and has acted as a lawyer on large and complex infrastructure projects in the structuring, implementation, and operation phases, as well as on mergers and acquisitions, privatizations, and auctions. Macêdo served as a Federal Attorney in the Office of the General Counsel for the Federal Government from 2004 to 2017, having worked in the Attorney General's Office of the National Land Transportation Agency (ANTT) from 2004-2006; in the Attorney General's Office of the National Department of Mineral Production (DNPM) from 2006-2008; in the Attorney General's Office of the National Petroleum Agency (ANP) in the Federal District from 2008 to 2010; as Coordinator of Litigation from 2008 to 2009; General Coordinator of the PF-ANP/DF from 2009 to 2010; in the Attorney General's Office of the ANP in Rio de Janeiro from Jan/2010 to Dec/2016, occupying the position of Attorney General of the National Petroleum Agency, and in the Attorney General's Office of the Administrative Council for Economic Defense (CADE) until July 2017.
Experience
Tiago has vast experience and relevant activities in the area of Oil and Gas at ANP: UPSTREAM
Concession Regime
First major review of the concession contract for the 11th Round.
Participation in the Working Group for the improvement of concession contracts for the 12th and 13th Rounds.
Participation in the Working Group set up by MME and ANP for the elaboration of CNPE Resolution 02/2012, which canceled the 8th Concession Round.
Advisory and Consulting to the Working Group set up by MME and ANP for the elaboration of CNPE Resolution 02/2016 that provided for the extension of the concession contracts in areas that are part of the pre-salt area.
Participation as representative of the ANP in all arbitration claims by the concessionaires.
Approval of all legal opinions related to bidding documents, bidders' resources, sanctions applied to bidders, concession agreements, concessionaire requests and contractual sanctions between January 2010 and December 2016.
Production Sharing Regime
Participation in the Working Group, set up by the Ministry of Mines and Energy (MME), Casa Civil (Executive Office), and Ministries of Finance and Planning, as representative of the AGU and of the Attorney's Office of the ANP, in constructing the first draft of the Production Sharing Contract and legal approval for submission to the Board of Directors of ANP.
Participation in the Working Group, set up by the MME, Executive Office, and Ministries of Finance and Planning, as representative of the AGU and of the Attorney's Office of the ANP, in the elaboration of CNPE Resolution 05/2013 that established the technical and economic parameters of the first production sharing agreement.
Participation in the Working Group set up by the MME and ANP for the elaboration of Ordinance MME No. 218/2013 that established the guidelines for the elaboration of the Sharing Agreement by the ANP and submission for approval of the MME.
Participation in the Working Group between MME, ANP and Ministry of Finance for the elaboration of CNPE Resolution 01/2014, which approved the direct contracting of Petrobrás by the production sharing regime on the surpluses of the areas contracted as onerous transfer.
Participation in the Working Group between MME, ANP and PPSA to elaborate the draft of the production sharing agreement referring to the surplus of the contracted areas in the Onerous Transfer regime.
Participation in the Working Group, set up by MME, Ministry of Finance, Ministry of Planning, PPSA and ANP for the elaboration of Resolution CNPE no. 12/2016, which established the Union's petroleum and natural gas marketing policy.
Approval of all legal opinions related to the bid notice of sharing, sharing agreement, consortium applications and contractual sanctions between January 2010 and December 2016.
Onerous Transfer Regime
Participation in the Working Group set up by the MME, Executive Office, Ministry of Finance, and Ministry of Planning as representative of the AGU and the Attorney’s Office of the ANP to prepare the Onerous Transfer of Right Agreement.
Participation in the internal negotiations of the ANP to set parameters for the revision of the Onerous Transfer contract.
Approval of all legal opinions regarding the Onerous Transfer contract, concessionaires’ requests and contractual sanctions between January 2010 and December 2016.
Individualization of Production
Participation in the Working Group for the elaboration of ANP Resolution 25/2013 on the individualization of production.
Participation in the Working Group set up by the MME, ANP and PPSA for the elaboration of the CNPE Resolution with the guidelines for the individualization of production, whose resolution has not yet been published.
Participation in the Working Group to prepare the draft addendum to the concession contract for production individualization agreements.
Approval of all legal opinions regarding requests for production individualization between concessionaires, contracts and transferees between January 2010 and December 2016.
Biddings on Blocks and Pipelines
Consultation and legal advice to the Special Bidding Commission (CEL) in the bidding rounds for the concession of the 11th, 12th and 13th Rounds and 1st Round of Production Sharing.
Legal analysis of resources in light of CEL decisions to the Board of Directors.
Exploration of Blocks
Participation in the Working Group for the preparation of ANP Resolution 30/2014, which establishes:
The elements necessary for the approval of the Discovery Assessment Plan (“PAD”) with extension of the Exploration Phase;
The elements necessary for the Review of the Discovery Assessment Plan with extension of the Exploration Phase;
Contingent and mandatory activities of the PAD and in the review;
Time measurement for extension; and
Elements of the Final Discovery Assessment Report essential to the effectiveness of the declaration of commerciality.
Approval of all legal opinions regarding PAD applications, review of PADs with analysis of the activities undertaken and their motivations, between January 2010 and December 2016.
Approval of all legal opinions on the analysis of the effectiveness of the declarations of commerciality ahead of the PADs and activities carried out.
Elaboration and approval of several legal theses that became interpretive paradigms of the Exploration Phase, such as the non-restrictive interpretation of the hypotheses of extension, the greater breadth of the "well in progress" clause, the possibility of partial assignment of Blocks, and the extensive interpretation of the possibility of drilling a single exploratory well in the second Adjacent Block Exploration Period, setting the approval of the Final Evaluation Report as a milestone for the effectiveness of the Declaration of Commerciality, etc.
Production of Oil and Natural Gas
Advisory and Consultation to the Working Group for the preparation of ANP Resolution 17/2015, which established:
Regulation of the Development Plan for Large Production Fields.
Technical Regulation for the Review of the Plan for the Development of Large Production Fields.
Technical Regulation of the Plan for the Development of Small Production Fields.
Advisory and Consulting to the Working Group for the elaboration of Resolution ANP No. 47/2014, which established the guidelines for the estimation, classification and categorization of Petroleum and Natural Gas resources and reserves.
Advisory and Consulting to the Working Group for the elaboration of ANP Resolution 01/2015, which provides for access to data and information on Brazilian sedimentary basins.
Approval of all legal opinions related to requests for approval of the Development Plan and Review of the Development Plan with analysis of grounds presented and legal adequacy of contractual and regulatory scenarios between January 2010 and December 2016.
Elaboration and approval of several legal theses that became interpretative paradigms of the Production Phase, such as the possibility of extension regardless of the location of the Concession Area, the differentiation between the Development and Field Area, the delimitation and limitation of the extension of the Oil And Natural Gas Fields, etc.
Local Content
Advisory and Consulting to the Working Group for the preparation of ANP Resolution 19/2013 (revised by ANP Resolution 12/2016), which deals with the criteria and procedures for carrying out Local Content Certification activities, taking into account as main aspects:
Classification of goods, supply contracts, equipment, items and products;
Calculation of Global Content;
Calculation of Specific Local Content;
Process of Certification;
Inadmissibility of bis in idem (non bis in idem) between CLE and CG (Opinion of the Attorney’s Office 2012); and
Presentation of Quarterly reports.
Approval of all legal opinions regarding the application of a fine for breach of local and specific local content with legal analysis of the grounds presented and legal adequacy of contractual and regulatory premises between January 2010 and December 2016.
Participation in the Working Group for the elaboration of ANP Resolution No. 27/2016, which deals with the deadlines and delivery formats of Local Content Reports, with the following main aspects:
Description of the Local Content Report for the Exploration Phase - Concession Contracts;
Description of the Local Content Report for the Exploration Phase - Onerous Transfer Contracts;
Description of the Local Content Report for the Exploration Phase - Production Sharing Contracts;
Description of the Local Content Report for the Production Development Stage - Concession Contracts;
Description of the Local Content Report for the Production Development Stage - Onerous Transfer Contracts; and
Appropriant of taxes in reporting.
Advisory and Consultancy for the Working Group in the elaboration of the ANP Resolution 20/2016 that deals with the neutralization of the local content due to the variation of weights on the percentage of global commitment on the deadlines and formats of delivery of the Local Content Reports, with the formula for the corrective (reductive) calculation of global local content.
Approval of all legal opinions on local content "waiver" lawsuits to the systems, items and sub-items of the concession contract tables, with analyzes of the reasons presented and assumptions contractual and regulatory premises between January 2010 and December 2016 .
Government Participations
Advisory and Consulting to the Working Group for the elaboration of ANP Resolution 12/2014 that deals with the procedures for the calculation of special participation, having as main aspects:
Calculation basis;
Gross Production Revenue;
Calculation formula;
Deductions allowed; and
Goods depreciation rule.
Approval of all legal opinions regarding sanctions applied to the concessionaires for the miscalculation and underpayment of royalties and Special Participation, establishing the framework of municipalities as beneficiaries of government participation with analyzes on the grounds presented and contractual and regulatory premises between January 2010 until December 2016.
Operational and Environmental Safety
Participation in the Working Group for the elaboration of ANP Resolution 37/2015 for the sanitation of non-compliance and postponement of the enforcement of sanctions, with the following main aspects:
Deadlines for the correction of non-compliance;
Classification of non-compliance— mild, moderate, severe and critical;
Elaboration of Action Plan; and
Security notification cases.
Advisory and Consultancy to the Working Group for the revision of ANP Resolution 43/2007 by ANP Resolution No. 34/2013, which deals with the Operational Safety Regime for the installation of petroleum and natural gas drilling and production.
Approval of all legal opinions regarding appeals against decisions submitted to the Board of Directors for the rejection of requests and sanctions applied to the concessionaires between January 2010 and December 2016.
Research and Development
Advisory and Consultancy to the Working Group for the elaboration of ANP Resolution No. 50/2015, which establishes the guidelines for the application of Research, Development and Innovation (R,D&I) resources of the E&P and P&G contracts and rules for justifying the respective expenses, as main aspects:
Institution of COMTEC;
Classification of expenses with R,D&I;
Limits for expenses with R,D&I
Approval of all legal opinions related to appeals submitted to the Board of Directors resulting from the application of P,D&I resources and sanctions enforced on concessionaires for timely non-investment between January 2010 and December 2016.
MIDSTREAM
Refining of Petroleum
Advisory and Consultancy to the Working Group for the elaboration of ANP Resolution nº. 48/2014, which revised ANP Resolution No. 16/2010, which regulates petroleum refining activity and covers the construction, modification and expansion of capacity and operation of petroleum Refinery.
Advisory and Consulting to the Working Group for the elaboration of ANP Resolution No. 05/2014 establishing the operational safety system and establishing the technical regulations.
Approval of all legal opinions related to appeals submitted to the Board of Directors resulting from sanctions applied to refineries for non-compliance with regulations, between January 2010 and December 2016.
Production of Ethanol
Advisory and Consulting to the Working Group for the preparation of ANP Resolution 26/2012 that regulates the ethanol production activity, granting construction authorization and operating authorization, as well as ANP Resolution 14 / 2014 which amended ANP Resolution No. 26/2012.
Approval of all legal opinions regarding appeals submitted to the Board of Directors resulting from sanctions applied to distilleries for non-compliance with regulations, between January 2010 and December 2016.
Production of Biodiesel
Advisory and Consultancy to the Working Group for the elaboration of ANP Resolution No. 09/2015 that regulates the biodiesel production activity, the granting of construction authorization and operation authorization.
Approval of all legal opinions regarding resources submitted to the Board of Directors resulting from sanctions applied to biodiesel producers for non-compliance with regulations, between January 2010 and December 2016.
Movement of products by pipeline
Advisory and Consulting to the Working Group for the preparation of ANP Resolution No. 52/2015, which regulates the construction, expansion and movement of oil, by-products, natural gas, biofuels and other products.
Approval of all legal opinions regarding appeals submitted to the Board of Directors resulting from rejection and sanctions applied by SCM for non-compliance with the regulations, between January 2010 and December 2016.
DOWNSTREAM
Distribution of Products
Advisory and Consulting to the Working Group for the elaboration of ANP Resolution No. 58/2014 that regulates the activity of distribution of liquid fuels, as well as granting of authorization for construction and operation.
Approval of all legal opinions regarding appeals against decisions of SAB submitted to the Board of Directors for the rejection of requests for distribuitors and fuel retailers and application of sanctions to authorized agents, between January 2010 and December 2016.
Reseller of products
Advisory and Consulting to the Working Group for the elaboration of ANP Resolution No. 41/2013 that updated the regulation regarding the national supply and authorization of operation of agents dealers of fuels.
Approval of all legal opinions regarding appeals against decisions of the SFI submitted to the Board of Directors for the rejection of requests for agents and application of sanctions to authorized agents, between January 2010 and December 2016.
