The National Mining Agency (ANM) published Normative Instruction ANM No. 15 on November 21, 2023, with the aim of establishing clear guidelines for the issuance, revision, and cancellation of administrative statements (súmulas). Approved by the agency’s Board of Directors, the regulation marks a milestone in the standardization of regulatory interpretations within Brazilian mining.
The measure aims to provide greater legal certainty and transparency in ANM’s decisions by consolidating regulatory interpretations into statements that are binding for all organizational units of the agency, except for the Board of Directors itself and the Specialized Federal Attorney’s Office.
Statements as Instruments of Regulatory Coherence
The administrative statements provided for in Normative Instruction ANM No. 15/2023 are formal declarations that express the consolidated interpretation of the Board of Directors on relevant legal or technical-regulatory matters. Their purpose is to standardize ANM’s actions, reduce inconsistencies among different departments, and guide stakeholders in their understanding of mining regulations.
It is worth noting that these statements do not have retroactive effect and apply only from the date of their publication. Another important point is that, should any ANM department choose not to apply a statement, it must formally justify its decision, enhancing institutional accountability.
A statement proposal may originate from the Director-General, the Directors, the Chief Prosecutor, or the Superintendents of the ANM, provided the subject falls within their area of competence. To issue a statement, the topic must have been the subject of repeated decisions by the Board of Directors, except in cases of special relevance or potential widespread impact.
A Transparent and Participatory Procedure
The development of a statement follows a specific administrative procedure linked to one or more paradigm cases, which serve as the basis for the consolidated interpretation. The ANM’s General Secretariat is responsible for coordinating the process and ensuring that all affected units are notified and given the opportunity to express their views.
Thus, the process includes robust technical and legal steps, including mandatory opinions from the Specialized Federal Attorney’s Office and the Superintendency for Economic Regulation and Regulatory Governance. This is because issuing a statement requires a high level of justification and internal consensus.
The final decision rests with the ANM’s Board of Directors in a Public Ordinary Meeting. Approval of a new statement requires a qualified majority of four votes. The revision or cancellation of a statement follows similar procedures; however, cancellation requires only a simple majority and does not need a paradigm case.
First Statement Addresses CFEM Collection Deadlines
The first statement published under Normative Instruction ANM No. 15/2023 deals with a sensitive issue in the mining sector: the limitation and prescription periods for the collection of credits related to the Financial Compensation for the Exploitation of Mineral Resources (CFEM).
According to Statement No. 01, for credits due after December 30, 1998, the limitation period is 10 years from the due date, and the prescription period is 5 years from the definitive assessment. For credits due before that date, limitation does not apply, but the prescription period remains 5 years, counted from the due date.
The measure was based on legal opinions issued by the Office of the Attorney General (AGU), as well as prior normative guidance from the former DNPM, providing legal support for the consolidated interpretation.
Legal Certainty and Regulatory Predictability
Normative Instruction ANM No. 15/2023 is part of a broader context of improving the agency’s regulatory governance. By issuing statements, the ANM seeks to make its regulatory actions more predictable, ensuring consistency across decisions and alignment with the principles of legality and efficiency.
Furthermore, the possibility of public consultation and oral statements during Board meetings gives the process a participatory nature, bringing the regulator closer to stakeholders and fostering a more reliable environment for investment.
In this way, the ANM’s initiative helps to strengthen institutional transparency and social oversight over its decisions. Thus, the issuance of statements consolidates itself as a valuable instrument for legal certainty in Brazil’s mining sector.
It is important to note that the Normative Instruction not only regulates but also formalizes a path for society to follow, understand, and, if necessary, challenge the ANM’s interpretations.
To follow the published statements, visit the official ANM page.
