We tested ANM's New Digital Protocol: Check out the advantages and problems encountered

October 7, 2019

Uma pessoa se senta diante do laptop e trabalha

As of 30 September 2019, the ANM (National Mining Agency) has made its Digital Protocol available to the general public. The new platform brings state-of-the-art technology and simplicity to the relationship with the Agency.

According to ANM Resolution No. 16/2019, users will be able to file all documents related to mining services from an internet connection, reducing costs related to printing paper, travel and time for travelling and filing. The system relies on the security of recognised technologies, such as Digital Certification - ICP-Brasil.

With the new system, it is natural for users to have difficulties understanding how the new platform works. With this in mind, we have prepared a simple and straightforward guide to make it easier to understand the new protocolisation system, as well as a step-by-step guide taking into account different types of user possibilities.

It's important to remember that, because it's so new, it was expected that the system would experience periods of malfunction. In its first week of operation, instabilities were reported on the platform, as well as errors when carrying out the protocolisation stage.

Despite the problems encountered on the platform, the ANM suspended all physical protocols as of 30 September. This inflexibility on the part of the agency meant that users had problems filing their documents, and possibly generated unnecessary legal imbroglios, which would not have occurred if a hybrid strategy (including physical and digital protocols) had been adopted, at least in the first few months of the changes.

Problems aside, let's look at how the system works:

How to access the Digital Protocol and migrate your account?

By accessing the ANM Services Portal (http://www.anm.gov.br/) you see a new access button called "Digital Protocol".

Clicking on this button takes you to the Access Control System (SCA), as can be seen below, and then you are directed to the Single Login (gov.br):

I have a registration form (CTDM)

At this stage, if you have already registered on the old CTDM registration form, follow the procedures described below.

Enter your CPF number and password. Enter the desired username from among those available for your account to proceed.

On first access, and every 6 months, you must update your registration. Basic user data is requested, and the old CTDM registration form will be replaced by this registration.

Remember that users will have up to one year to use the single sign-on account without the need for a Digital Certificate. After this period, it is necessary to create a digital certificate for the protocol and other functions on the platform (see useful links at the end of this text).

How do I carry out the protocol?

Once this database has been filled in, the next step is the protocol itself.

Users who are not linked to any company may still encounter an access denied screen when trying to carry out a protocol.

If the user is already linked to a company, it is necessary to log in to the COMPANY with the name and password previously defined in the CTDM as per item 3 on the login screen. If the link has already been made, the following screen should appear:

Proceeding to carry out the protocol, three options will appear:

In the first option "Protocol by Application Code" the user will be able to carry out the protocol by type of application, according to the barcode of the applications made in the mining register. The second option, "File for existing cases", allows you to file for existing cases in which the user is the holder of the rights or their representative. There is also a third option, which deals with matters not related to applications, as shown in the example below:

Taking the "Protocol by Application Code" option as an example, and in the case of the Research Authorisation Application, the following screen should appear.

The user should fill in the "Boleto Bancário" field and attach a list of mandatory documents.

Once this is done, a protocol receipt will be generated. In SEI (http://www.anm.gov.br/assuntos/copy_of_processo-eletronico-sei) you can see each of the documents that have been attached.

I don't have a registration form (CTDM)

Individuals

If you don't have a registration form, you'll have to obtain a digital certificate (e-CPF) and then go through the Single Login in order to file the protocol.

Individuals working for a legal entity

You will need to obtain a digital certificate. The e- CNPJ is the digital certificate itself and contains the data of individuals and legal entities. Here are some links to help you with this process.

How to obtain the Digital Certificate (Step by step):

https://www.iti.gov.br/certificado-digital/58-certificado-digital/87-como-obter

Certifying Authorities:

https://www.iti.gov.br/certificado-digital/57-icp-brasil/77-estrutura

Once this is done, you can make the Company/User association via Single Login. In the list of "users to proceed", a list of individuals associated with the company will appear in 02, since with the digital certificate you can add people of interest, allowing them to act for the company.

It is important to emphasise that every natural person and every natural person operating as a legal entity will be obliged to create an account on gov.br.

More information on how the platform works?

1 - What are the opening hours and priority rules?

The New Digital Protocol platform is regulated by ANM Resolution 16/2019, which contains the Digital Protocol regulations. It can be accessed via the web every day, 24 hours a day, and will always operate in accordance with the Brasilia time zone.

It is also important to emphasise that the New Digital Protocol does not change the legislation on the right of priority. The system records the date and time of the protocol, including milliseconds, and continues to feed the georeferenced database, as it has done since 2008.

There is also an audit page where any citizen can consult the filings made in the Digital Protocol.

2 - Will paper documents still be accepted?

From now on, the protocols of the Regional Units and Headquarters will be prohibited from receiving paper documents, whether they are openings or attachments for mining or administrative processes. In other words, all processes will have to be done via the web.

The exception will only apply to other public bodies (federal, state or municipal) that do not yet work with electronic administrative processes, as set out in ANM Resolution 16/2019.

3 - What happens to the Register of Mining Rights Holders (CTDM)?

Once the Digital Protocol is up and running, it will not be possible to make new registrations with the CTDM. The CTDM login and password will remain valid for another year, as long as they are used in conjunction with the Federal Government's Single Login. After the end of this transition period, the CTDM will be definitively closed and replaced by access via the digital certificate linked to the Single Login.

4 - What happens to documents sent by post?

In compliance with the legislation in force, the date of posting of the attachments will be taken into account: - All those that are posted by 29 September 2019 will be filed and attached to the cases. - Those posted after 30 September 2019 will no longer be legally valid and it will be the responsibility of the case holder to send them via the Digital Protocol.

5 - My file already existed on paper before the Digital Protocol came into operation. What will happen to it?

It will start as an "empty" electronic file, with the existing volumes remaining on paper. These existing files will not be digitised immediately. At a later date, according to the ANM, it is intended to digitise the processes that are still active on paper, and the corresponding digitised files will be included in the existing electronic process in chronological order, respecting, among other things, the procedures and document management rules involved in digitising original paper documents, as well as their subsequent preservation.

6 - Will demand letters and other communications continue to be sent by post and published in the DOU?

For all cases in which there is a legal requirement for communication by post and/or publication in the DOU, these will be maintained. The advantage for the holder of the mining process is that they will be able to access and visualise the content of these documents as soon as they are signed by the public servant responsible and inserted into the process.

7 - What will happen to the deadlines that expire in the first few days of the Digital Protocol's operation? How should I meet them?

Deadlines due and falling due between 30 September 2019 and 30 October 2019 will be automatically extended to 31 October 2019.