DEMOCRATIC REPUBLIC OF TIMOR-LESTE

_____________________

REGULATION NO. 1/2012, OF 3rd SEPTEMBER 2012

ON

ADMINISTRATIVE PROCEDURES, REQUIREMENTS AND FEES

FOR THE GRANTING, RENEWAL AND MODIFICATION
OF DOWNSTREAM ACTIVITIES’ LICENSES
 TABLE OF CONTENTS

Chapter I – General Provisions .................................................................................. 1

Chapter II – Management and Regulation of Downstream Activities ...................... 3
Section I – Licensing of Downstream Activities .......................................................... 3
Subsection I – General Provisions ......................................................................... 3
Subsection II – General Requirements and Duties ................................................ 4
Subsection III – Downstream Activities’ Application Forms .................................... 5
Subsection IV – Granting of Licenses and Rejection of Applications .................... 11
Subsection V – Transfer of Licenses ................................................................... 13
Subsection VI – Termination ................................................................................ 14
Section II – Fees and Bonds ................................................................................... 15
Chapter III – Transitional and Final Provisions....................................................... 16
Annex I – Form of Downstream Activities’ License................................................ 18
Annex II – Downstream Activities’ License Application Form ............................... 20
Annex III – Supporting Information on Technical and Financial
Capacity..................................................................................... 22

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This Regulation builds on Decree-Law No. 1/2012 of 1 February 2012, on Downstream
Activities in Timor-Leste and sets forth the technical rules, procedures and deadlines
for the granting of Downstream Activities’ Licenses by the ANP, that are required for
the practical implementation of the above-mentioned Decree-Law.
Once these Regulations are approved, ANP shall effectively manage Downstream
Activities to be carried out in the country by granting Licenses within the framework of
Decree-Law No. 1/2012 and this regulation.

Therefore, under the terms of Articles 1.2, 3.4, 4.1 (a), 4.2 and 8.1 (c) of Decree-Law
No. 20/2008, of 19 June 2008 and Articles 7.2 (a) and 14.1 of Decree-Law No. 1/2012,
of 1 February 2012, the Governing Board of the ANP approves the following
Regulation:

CHAPTER I
GENERAL PROVISIONS

Article 1
Definitions
1. The expressions, terms and concepts used in this Regulation and defined in Article
2 of Decree-Law No.1/2012, of 1 February 2012, shall have the same meaning as
conferred upon them in the above-mentioned Decree-Law.
2. Notwithstanding Article 1.1, for the purposes of this Regulation, the following terms
shall have the meanings set out below:
(a) Bunkering activities: means the activity covered by a Marketing License aimed at
supplying marine bunker Fuel, including diesel and/or fuel oil from an onshore
bunkering facility into a vessel or from vessel(s) to vessel(s) whether in coastal
waters or on the high sea;
(b) Amendment of a Downstream Activity License: means the administrative
procedure through which the holder of an existing Downstream Activities’
License applies for an amendment to the same aimed at covering new
Downstream Activities to be performed as a main activity alongside those
already covered by the existing License and not as a mere ancillary activity or of
a supporting nature, or at changing any details or specifications of the existing
License;
(c) HSE Plans: means the plans prepared by the applicant under Article 10.1 (n)
detailing the procedures aimed at protecting the health, safety & environment in
the performance of the Downstream Activities it intends to carry out, and which

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 will be prepared in accordance with international best practices in the
downstream petroleum sector;
(d) Health, Work Environment, Safety and Hygienic-sanitary Rules: means any and
all rules that may be approved, from time to time, by the ANP or any other
relevant authorities of the Democratic Republic of Timor-Leste, aimed at
guaranteeing the health and safety of employees, adequate workplace
conditions, and hygiene in the workplace;
(e) Renewal of a Downstream Activity License: means the administrative procedure
through which the holder of a License to conduct Downstream Activities applies
for the renewal of an existing License under the same terms and conditions;
(f) Late Renewal: means a request for Renewal of a Downstream Activity License
filed after the deadline set forth in Article 11.1 has expired, and which will be
assessed in accordance with the rules and conditions set forth in Article 11.4;
(g) Transfer of a Downstream Activity License: means the administrative procedure
through which the holder of a License to conduct Downstream Activities seeks
approval from the ANP to transfer the License to another Interested Person.

Article 2
Purpose
This Regulation sets forth the Administrative procedures, requirements and fees for the
granting, renewal and modification of Licenses authorizing the performance of
Downstream Activities.

Article 3
Scope
This Regulation shall apply to all legal or physical persons, irrespective of their public
or private nature, or nationality, that wish to carry out Downstream Activities in Timor-
Leste, including all members of international organizations or missions present in the
Territory of Timor-Leste, irrespective of their mandate.

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 CHAPTER II
MANAGEMENT AND REGULATION OF DOWNSTREAM ACTIVITIES

SECTION I
Licensing of Downstream Activities

Subsection I
General Provisions

Article 4
General Rules on Licenses
1. No one may engage in any Downstream Activity unless authorised to do so under a
License issued by the Autoridade Nacional do Petróleo (“ANP”).
2. A License to conduct Downstream Activities shall only be granted to Interested
Persons having a demonstrated technical and financial capacity to perform such
activities.
3. Licensees are responsible for ensuring that the licensed activities are conducted in
a prudent manner, in accordance with applicable laws and regulations and in
compliance with internationally accepted technical and economic practices and
standards accepted by the ANP, having due regard for the safety and health of
personnel, and for the protection of the environment and the facilities, as well as for
the rational use of petroleum resources.
4. The application for the issuance, renewal or modification of a Downstream Activity
License shall be made to the ANP in a manner and form approved by the ANP and
containing the information required by the ANP.
5. The ANP may, if the requirements for late renewal set forth in Article 11.4 below are
met, approve applications for renewal of Licenses submitted after the previous term
of the License has expired.
6. The processing of an application for the granting of Licenses to conduct
Downstream Activities is subject to the payment of a fee under the terms set forth in
this Regulation.

Article 5
Types of Downstream Activities’ Licenses
1. Downstream Activities are carried out under the following Licenses:
(a) Supply Activities License;
(b) Processing Activities License;

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 (c) Storage Activities License;
(d) Transport Activities License;
(e) Marketing Activities License;
(f) Trading Activities License;
(g) License for construction and operation of pipelines and fuel distribution
networks;
(h) License for construction and operation of fuel supply stations;
(i) Licenses authorizing the performance of any other activities falling within the
scope of the ANP’s authority, as may be specifically provided for in
regulations to be approved by the latter.
2. Licensees may hold one or more Licenses as necessary to perform the different

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 (b) Technical and operating skills supported by research and development
capability;
(c) Demonstrated development and project management experience;
(d) Financial and organizational capacity for carrying out the proposed
Downstream Activities;
(e) Demonstrated track record of compliance with Health Safety & Environment
requirements and standards.

Article 8
Licensee Duties
Licensees shall:
(a) Implement health safety & environment guidelines and acceptable criteria for
risk assessment in accordance with the HSE Plans filed under Article 10.1 (n),
as approved by the ANP;
(b) Maintain the ANP informed of the status of scheduled activities;
(c) Involve their personnel in the development and updating of the management
system;
(d) Pay compensation for damages, servitudes, rights of way and expropriation of
rights, in accordance with applicable law;
(e) Comply with the applicable laws and regulations;
(f) Be responsible for operations for which the respective license has been
granted;
(g) Pay the bond or deposit defined by the ANP, under Article 24 below;
(h) Pay the fees determined by the ANP under this Regulation.

Subsection III
Downstream Activities Application Forms

Article 9
Processing of Application Forms
1. Applications for Downstream Activities Licenses shall be filed with the ANP in the
form attached hereto as Annex II.
2. The License application shall be submitted with all the necessary supporting
documents listed in this Regulation and ancillary regulations.
3. Failure to submit all the necessary supporting documents in accordance with Article
9.2 shall cause the application to be rejected by the ANP.

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4. Within ten (10) working days of the submission of the License application, ANP
shall review it to determine whether all supporting documentation has been filed
and the application properly completed.
5. The ANP may request that additional documents or other elements be produced to
support the application.

Article 10
Submission of Documents
1. Application forms for requesting or renewing a Downstream Activities License shall
be submitted to ANP accompanied by the following information:
(a) Companies’ Registry Certificate or document evidencing registration with the
National Directorate of Registries and Notary of the Ministry of Justice or
another government body responsible for company registration;
(b) Tax registration;
(c) Registration with the National Directorate of Commerce of the Ministry of
Tourism Commerce and Industry or another government body responsible for
licensing of economic activities when applicable;
(d) Copy of the company’s by-laws and other documents evidencing that a
participating interest of at least 5% is held by a public entity or Timorese
State-owned company, by Timorese citizens, or by a legal person ultimately
controlled by Timorese citizens;
(e) Proof of deposit or full subscription and paying up of an amount of share
capital at least equivalent to the minimum required for each type of activity;
(f) Tax returns for the past two (2) years, if applicable;
(g) Certificate confirming that the applicant has no outstanding tax or social
security debts;
(h) Insurance policy covering the activity or activities the applicant wishes to carry
out, including coverage against general civil liability for damages to individuals
and assets, accidents at work and occupational illness, and environmental
damage, with the limits and requirements set forth in the Regulations
applicable to the activities effectively carried out
(i) Documentation supporting the applicant’s organizational, technical and
financial capacity;
(j) Documents evidencing the existence of the necessary equipment to carry out
the activities intended to be performed, or the respective acquisition plan;
(k) Detailed business plan attesting the project’s economic feasibility and that the
proposed activities’ structure complies with all environmental protection laws

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 and regulations in force and with all laws and regulations applicable to
protection of occupational and public health and safety. The detail of this plan
shall take into consideration the size and complexity of the Downstream
Activities to be undertaken and the Downstream Infrastructure covered by the
License;
(l) Identification card of the applicant or the applicant’s representative;
(m) If the applicant is a legal person or is represented by a third party, a power of
attorney granting sufficient powers to handle the registration process;
(n) A HSE Plan outlining the applicant’s proposed health safety & environment
procedures and adequate risk assessment criteria considering the size and
complexity of the Downstream Activities to be undertaken and the
Downstream Infrastructure covered by the License;
(o) A decommissioning and abandonment plan detailing the actions, activities
and work that the Licensee undertakes to carry out after termination of the
License to clean up and restore the land on which the Downstream
Infrastructure is located to its prior conditions, in accordance with applicable
environmental laws and standards. The clean-up and restoration duties
undertaken by the Licensee shall survive termination of the License;
(p) Any additional documentation or details listed in the ANP Regulations
applicable to the Downstream Activities for which a License is requested.
2. In addition to the elements listed in Article 10.1 the following information may be
required by the ANP in support of the Technical Capacity of the Interested Person:
(a) If applicable, detailed experience statement for the same or similar proposed
Downstream Activity for the previous five (5) years, mentioning the size,
complexity, methods, technology and other characteristics of the applicant’s
prior operations;
(b) List of existing contracts in the same Downstream Activity or respecting to
similar projects for the previous five (5) years, if applicable;
(c) List of the staff proposed for the implementation and performance of the
Downstream Activity, with the CVs of key staff members (Project Managers,
Technical Directors, Engineers, etc.) and any additional key staff required to
perform the Downstream Activity;
(d) Documents, including staff maps, lists of equipment, description of facilities
and other relevant information concerning the logistics of the Downstream
Activity to be carried out, which shall demonstrate the Interested Person’s
ability to undertake the proposed Activities. The Interested Person must

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 further indicate whether such equipment is owned by it, hired, or used by
subcontractors;
(e) A list of materials and any supplies intended for use in the activities, stating
their origin and conformity with internationally accepted standards;
(f) A work programme with detailed descriptions of the major activities to be
carried out, demonstrating the sequence and proposed timetable for their
execution. In particular, the Interested Person shall detail the temporary and
permanent works to be undertaken, and must consider the need to prepare
designs and, if necessary, to obtain building permits prior to the execution of
any construction works;
(g) A detailed memorandum outlining the operational methods to be adopted in
the performance of the Downstream Activities;
(h) Information on subcontractors and the percentage of works to be
subcontracted.
3. In addition to the elements listed in Article 10.1, the following information may be
required by the ANP - in support of the Financial Capacity of the Interested Person:
(a) Evidence that the Interested Person’s net assets and access to credit facilities
are adequate for the proposed activities, confirmed by the financial
statements of the previous 3 years and audited by a chartered accountant;
(b) Audited financial statements for the previous three (3) years;
(c) A letter from a financial institution confirming credit access conditions;
(d) Financial projections for the first two years of activity;
(e) Audited financial statements for the last three (3) years demonstrating the
current soundness of the Interested Person’s financial position and its
prospective long term profitability.
4. When the applicant is a consortium, the information required under this Article 10
shall be submitted by each consortium member.

Article 11
Renewal of Licenses
1. Licenses may be renewed by the ANP, at the request of the Licensee, by
submitting a License extension request at least 60 calendar days prior to the
expiration of the initial term or any renewal thereof.
2. The Renewal of a Downstream Activity License is subject to the Licensee having
complied with:
(a) the legal, technical, safety and other requirements applicable to the Activities
during the current term of the License;

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 (b) all obligations towards the ANP and the State of Timor-Leste under the
existing License during the current term thereof.
3. The Licensee must also comply with any requirements in force on the date of
submission of the renewal request or submit a detailed plan for bringing its
operations into compliance with such requirements.
4. Except for the cases of Article 11.5 below, should the existing License expire prior
to the ANP having decided on the renewal request, the Licensee shall be
authorized to continue operating, provided it has adequately proven that it complies
with all applicable rules and requirements.
5. A request for Late Renewal of a Downstream Activity License may be filed by the
Licensee up to three months following the expiration of the existing License term,
subject to compliance with the requirements set forth in Article 11.1 through 11.3
above, and payment of the late renewal fee referred to in Article 23.2.

Article 12
Processing of Applications
1. Once all the details and documents listed in Article 10 above have been submitted
to the ANP, the respective services shall prepare an opinion on the compliance of
the application with the necessary conditions and requirements, which shall be
forwarded for review and decision by the ANP.
2. The ANP shall issue a decision on the granting of the License within 90 (ninety)
days of the date on which it receives the last document required under Article 10
above or any additional documents requested by the ANP, or a longer term
established by the ANP in light of the complexity of the application.
3. Where no decision is issued within the deadline referred to in Article 12.2 above,
the application shall, for all purposes, be considered as having been rejected.
4. Notwithstanding the tacit rejection set forth in Article 12.3, the ANP may, however, at
any time expressly approve the granting of the requested License if the necessary
requirements have been met.

Article 13
Special Application Periods and Public Tenders
1. In order to streamline the processing of applications for Downstream Activities
Licenses, the ANP may, at its sole discretion, determine that applications shall only
be submitted during a certain special period or periods each year.
2. The ANP may also, at its sole discretion, when it deems that reasons of protection
of the public interest so require, decide that the granting of Downstream Activities

9
 Licenses shall be made by public tender to be held under regulations to be
approved by it for such effect.

Article 14
General duties of ANP Staff
All members of the ANP acting under this Regulation, notably the Inspection Manager,
Inspection Officers, and Inspection Assistants of the Downstream Inspection Division,
are bound by the following duties:
(a) To act in respect of any matter of their responsibility impartially, diligently and
equitably;
(b) To act assiduously and zealously;
(c) To excuse themselves from cases where they deem such to be appropriate;
(d) To avoid possible future conflict of interest situations.

Article 15
Conflict of interests and impediments
1. In performing their duties under Decree-Law No. 1/2012 and these Regulations,
the ANP staff must comply with the general duties set forth in Article 14 above and
the specific provisions provided for in this article.
2. A member of the ANP shall not participate or take part in any licensing procedure
or any other matter:
(a) In which he/she has or may have a direct or indirect interest or benefit;
(b) That could result in a benefit for his/her relatives or any other person to whom
he/she is related by marriage, dowry or a de-facto union.
3. For the purposes of Article 15.2, a relative shall mean:
(a) Grandparents, parents, children and grandchildren;
(b) Brothers, sisters, aunts and uncles.
4. The members of the ANP’s Board of Directors shall not take part in any decision-
process hereunder when the decision to be made falls under any of the situations
described in Articles 14, 15.2 and 15.3 above.

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 Subsection IV
Rejection of Applications and
Issuance of Licenses

Article 16
Rejection of Applications
1.

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 (b) Existence of facilities and equipment described;
(c) Compliance and suitability of the project to the type of Downstream Activity for
which the License was requested;
(d) Any other mandatory requirements in accordance with the applicable
legislation or regulations;
(e) Compliance with the approved HSE Plan.
3. The preliminary inspection mentioned in this article shall be performed by the ANP
Downstream Inspection Division, under the terms and according to the procedures
set forth in Article 11 of the Downstream Inspection Division Regulations..

Article 19
Downstream Activities License Conditions
The Downstream Activities License, approved in accordance with Annex I of Decree-
Law No.1/2012, of 1 February 2012 and reproduced in Annex I to this Regulation, shall
comprise the following specific conditions and information:
(a) the Licensee’s name;
(b) the Licensee’s tax identification number;
(c) the Licensee’s registered address;
(d) the activities to which the License respects and any special conditions, duties
or limits applicable to their performance;
(e) the duration of the License;
(f) the type, number and characteristics of authorised vehicles used in the
activities;
(g) frequency of payment of the due fees;
(h) the area in which the authorised Downstream Activity operations may be
exercised, if applicable;
(i) any other details deemed relevant by the ANP.

Article 20
Duration and Possession
1. The maximum terms of the Licenses are as follows:
(a) Supply activities License – up to 10 years;
(b) Processing activities License – up to 30 years;
(c) Storage activities License – up to 20 years;
(d) Transportation activities License – up to 10 years;
(e) Marketing activities License – up to 20 years;
(f) Marketing activities License covering Bunkering Activities – up to 10 years;

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 (g) Trading activities License – up to 10 years;
(h) License for the construction and operation of pipelines and fuel distribution
networks – up to 30 years;
(i) License for construction and operation of fuel supply stations – up to 10
years.
2. A License shall be effective as of the date specified therein.
3. The specific term of the License shall be determined according to the financial and
technical proposal presented by the Licensee, and be sufficient to allow recovery of
the capital investment, in accordance with the financial model included in the
License application.
4. Notwithstanding the maximum term of the Licenses set forth in Article 20.1 above
and the specific term set forth in each License, the ANP may, under the terms set
forth in Article 22 and Decree-Law No.1/2012, revoke at any time an existing
License grounded on the Licensee’s breach of statutory or regulatory rules or the
terms and conditions set forth in the License, including failure to comply with,
amongst others, rules on health, safety, and environment, technical regulations,
and any conditions respecting Licensee’s financial capacity.
5. Whenever the performance of one Downstream Activity requires the performance
of other Downstream Activities with a merely ancillary or supporting nature, only
one License shall be required for the main commercial activity, with the duration of
the License issued for the main activity also applying to the ancillary or supporting
activities.
6. The Licensee shall always exhibit a copy of the License in a visible place in the
premises, vehicles or facilities used for Downstream Activities.

Subsection V
Transfer of Licenses

Article 21
Transfer of Licenses
1. A License may only be transferred to another company with the prior written
authorization of the ANP, and if the requirements listed in Article 11.4 of Decree-
Law No. 1/2012, of 1 February 2012 are complied with.
2. In case of merger, or total or partial acquisition of a Licensee’s shares by a third
party, the ANP may reassess the situation to determine if the Licensee maintains
the necessary requirements to carry out the Activities it is licensed for. If necessary,
the ANP may require that the Licensee implement corrective measures aimed at

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 maintaining or reinstating the referred requirements, under pain of termination of
the License.
3. The sale, lease or other form of assignment of the equipment, installations or
facilities where Downstream Activities are carried out shall also be subject to the
prior written authorization of ANP.
4. The authorizations provided for in this Article 21 shall not be granted if the License
transfer or the sale of Downstream assets causes the assignee or the buyer to hold
a market share of more than 30% in the relevant Downstream Activity, or if it
causes breach of any competition rules contained in any Regulations applicable to
the specific Downstream Activity(ies) carried out under the License.

Subsection VI
Termination

Article 22
Cancellation or suspension of License
1. The ANP may cancel, suspend or revoke Licenses on the following grounds:
(a) Non-compliance with applicable laws and regulations;
(b) Bankruptcy or insolvency of the Licensee;
(c) Serious and wilful breach of the Licensee's duties or of applicable laws and
regulations;
(d) Unjustified interruption of the Downstream Activities for more than 90 (ninety)
calendar days;
(e) For any other reason set forth in the regulations applicable to the specific
Downstream Activity or to Downstream Activities in general.
2. Cancellation, suspension or revocation of the License under this Article 22 or any
other provision of Decree-Law No. 1/2012, of 1 February 2012, this Regulation or
any other Regulations enacted under the said Decree-Law 1/2012, shall not affect
Licensee’s clean-up and restoration obligations, or any other duty or obligation
towards the ANP or the State of Timor-Leste arising out of the performance of
Downstream Activities which should survive termination.
3. The ANP may require the Licensee or former Licensee to return the License issued
to the ANP within a specified period of time.
4. A Licensee who refuses or fails to comply with a request made under Article 22.2 is
guilty of a serious administrative offence punished with a fine under the terms of
Article 57.2 of Decree-Law No.1/2012, of 1 February 2012.

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 SECTION II
Fees and Bonds

Article 23
Fees
1. The granting and Renewal of Downstream Activity Licenses is subject to the
following fees, the specific amount and frequency of which shall be determined by
objective criteria set forth in the regulations applicable to each Downstream Activity:
(a) Supply activities License – from USD 1.000 to USD 10.000;
(b) Processing activities License – from USD 20.000 to USD 50.000;
(c) Storage activities License – from USD 10.000 to USD 40.000;
(d) Transportation activities License – from USD 1.500 to USD 10.000;
(e) Marketing activities License – from USD 1.000 to USD 7.500;
(f) Marketing activities License covering Bunkering activities– from USD 10.000
to USD 25.000;
(g) Trading activities License – from USD 1.000 to USD 7.500;
(h) License for construction and operation of pipelines and fuel distribution
networks – from USD 10.000 to USD 50.000;
(i) License for construction and operation of fuel supply stations – from USD
1.500 to USD 7.500.
2. In case of Late Renewal of Downstream Activity Licenses the fees set forth in
Article 23.1 shall be increased by 50%.
3. The Transfer or Amendment of a Downstream License shall be subject to payment
of a fee corresponding to 50% of the fee set forth therein.
4. The fees must be paid by the Licensee prior to the issuance, renewal, transfer or
modification of the License, and thereafter with the frequency established in the
License. Failure to pay the fees shall result in cancellation of the License, non-
renewal or refusal of transfer or of amendment, as the case may be.
5. The fees provided for in this Article 23 are aimed at reimbursing the ANP for the
costs incurred by it in its licensing and supervision activities, and funding its
activities in the downstream sector, and shall constitute exclusive revenue of the
ANP to be collected by it.
6. The fees provided for herein shall be periodically revised by the ANP and published
in the Jornal da República and on the ANP website.

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 Article 24
Bonds and Security
1. As a condition for the granting, renewal, transfer or amendment of a Downstream
Activities License, the ANP may require that the Licensee provide a bond or security
aimed at ensuring compliance with the administrative, operational and technical
requirements and duties set forth in Decree-Law No. 1/2012, of 1 February 2012,
this Regulation, and any other applicable rules or Regulations issued by the ANP.
2. The type, amount, and characteristics of the bond or security shall be determined by
the ANP considering, amongst other factors:
(a) the size and complexity of the operation;
(b) the Licensee’s track record in performing Downstream Activities and complying
with environmental rules and standards;
(c) the Licensee’s financial capacity, considering the Downstream Activities it
intends to carry out; and
(d) the guidelines on bonds and security set forth in each regulation applicable to
the specific Downstream Activities to be carried out.
3. The bond or security may consist in a bank guarantee, security deposit, parent
company guarantee, shareholders’ personal guarantee, or any other type that the
ANP deems adequate to ensure compliance by the Licensee with the duties and
requirements mentioned in Article 24.1.

CHAPTER III
FINAL PROVISIONS

Article 25
Confidentiality
1. A person who is or has been engaged in the administration or enforcement of this
Regulation must not disclose any information obtained whether by that person or
some other person under or in relation to the administration of this regulation,
except as permitted herein.
2. A person who is or has been engaged in the administration or enforcement of this
Regulation may disclose information obtained whether by that person or some
other person under or in relation to the administration hereof:
(a) with the consent of the person from whom the information was obtained or to
whom the information relates;
(b) in connection with the administration or enforcement of this regulation or
related laws or regulations; or

16
 (c) for the purposes of any legal proceedings arising out of the administration or
enforcement of this regulation or a corresponding law.
3. The ANP may disclose information obtained under or in relation to the
administration or enforcement of this Regulation that does not directly or indirectly
identify a particular Licensee or any particular person to whom a regulatory scheme
under this regulation or related regulations applies.
4. A person other than a person who is or has been engaged in the administration or
enforcement of this regulation must not disclose information that:
(a) has been obtained whether properly or improperly and whether directly or
indirectly from another person who is or has been engaged in the
administration of this regulation; and
(b) the other person obtained under or in relation to the administration of this
regulation.

Article 26
Repealed Legislation
All regulatory provisions contrary to or inconsistent with the provisions of this
Regulation are hereby repealed.

Article 27
Entry into Force
The present Regulation shall enter into force on the date of its publication.

Approved by the ANP Board of Directors, on 3rd September, 2012

Members:
1) Gualdino do Carmo da Silva – Chair .

2) Jorge Martins, Non – Executive

3) Emmanuel Angelo Lay - Executive Board Member

4) Nelson de Jesus - Executive Board Member

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 ANNEX I
FORM OF DOWNSTREAM ACTIVITIES’ LICENSE

DOWNSTREAM ACTIVITIES LICENSE

No. ____/20__

COMPANY IDENTIFICATION
Name or Company Designation:
Registration No.: Share Capital:
Taxpayer Identification No.:
Representative:
Address:
ZIP Code: District: Suco:
Aldeia:
Telephone: E-mail address:

ACTIVITIES
Please check where applicable
Main Activity(ies) Supporting Activity(ies)
Supply Supply

Processing Processing

Storage Storage

Transportation Transportation

Marketing Marketing

Trading Trading

Construction and operation of pipelines and Construction and operation of pipelines and fuel
fuel distribution networks distribution networks
Construction and operation of fuel supply
Construction and operation of fuel supply stations
stations

Marketing including Bunkering Marketing including Bunkering

Other Other
________________________________ ___________________________________
Please specify Please specify

LICENSE TYPE
Please check where applicable
New Renewal Duration: ___ years
Fee amount and periodicity:
Identification of the vehicles used in the activities:

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Special conditions, duties or limits of the License:

Additional details:

DOCUMENTS FILED
Please check where applicable

The Applicant has filed the following documents with the ANP:
Certificate confirming non-existence of tax and
Companies’ Registry certificate
social security debts

Copy of the company’s by-laws and proof of Proof of insurance covering the activity or
deposit of the share capital activities the company wishes to carry out
Registration with the National Directorate for Documents evidencing the company’s
Commerce of the Ministry of Tourism organizational and financial capability to carry out
Commerce and Industry the activities for which it is seeking licensing
CV’s of the technical staff responsible for the
management of its operations, evidencing that
Taxpayer registration
they have the necessary training, experience and
know-how to carry out the same
Proof of filing of the previous year’s tax
Detailed business plan
return, if applicable
Observations:

Signature of Legal Representative To be completed by ANP

Fees paid: ________________________
Receipt No. _______________________
Signature: ________________________________________
Signature of the individual in charge
Place: __________________________ Date:
___/___/_____ ___________________________________________

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 ANNEX II
DOWNSTREAM ACTIVITIES’ LICENSE APPLICATION FORM

1. APPLICANTS IDENTIFICATION
Name or Company Designation:
Type of Identification Document: Identification Document No.:
Taxpayer Identification No.:
Certificate of registration No.: Share Capital:
License to do Business No.:
Representative:
Address:
Suco:
ZIP Code: District:
Aldeia:
Telephone: E-mail address:
Fax No.:

2. LICENSE TYPE

New Renewal

Please provide a description of the existing Company’s

downstream activities for the purposes of Article 65.2 of Decree-
Law No. 1/2012, of 1 February 2012.

Commencement of activity in the country: Date (dd/mm/yyyy):

Please detail the current status of your registration and/or

authorization procedure:
 Registered and/or authorized to engage in activity
 Waiting for registration or authorization / Provisional
registration
Transfer Amendment

Please include details on the entity you wish to Please include details on the changes you wish to make to the
transfer the License to, and provide all relevant License to, and provide all relevant documents required under
documents required under Decree-Law 1/2012 Decree-Law 1/2012 and applicable Regulations.
and applicable Regulations.

3. ACTIVITIES
Please check the activities to be carried out in the country / current activities being carried out in the country

 Supply

 Processing

 Storage

 Transportation

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 Marketing

 Trading

 Marketing including Bunkering

 Construction and operation of pipelines and fuel distribution networks

 Construction and operation of fuel supply station

 Other __________________________________________________
Please specify

4. DOCUMENTS FILED
Please check where applicable

The Applicant has filed the following documents with the ANP:
Companies’ Registry certificate (or document Certificate confirming non-existence of tax and
evidencing provisional registration) social security debts

Copy of the company’s by-laws and proof of Proof of insurance covering the activity or
deposit of the share capital activities the company wishes to carry out
Documents evidencing the company’s
Registration with the National Directorate for
organizational, technical and financial capability
Commerce of the Ministry of Tourism
to carry out the activities for which it is seeking
Commerce and Industry
licensing
CV’s of the technical staff responsible for the
management of its operations, evidencing that
Taxpayer registration
they have the necessary training, experience and
know-how to carry out the same
Copy of the companies’ by-laws evidencing a
5% participating interest of a Timorese State- Detailed business plan
Owned Company, Timorese citizens
Proof of deposit or full subscription and paying
Copy of tax returns for the past 2 years (and, if
up of the amount of share capital equivalent to
applicable)
the minimum required for the type of activity
Documents evidencing the existence of the
necessary equipment to carry out the activities Power of Attorney if the applicant is a legal person
or acquisition plan or represented by a third party

Observations / Additional supporting information:

 Please mark if additional information is provided in Annexes

I certify that all of the information contained in this form is complete and accurate. I understand the information provided
to the ANP is subject to review and audit. The detailed records which substantiate the information contained herein are
available upon request.

NOTE: This form and any relevant additional information is of public record and will remain on file. By filing this form you
are declaring that you will not use the information you receive now or afterwards for any illegal or unlawful purposes.

Signature of Legal Representative To be completed by ANP

Fees paid: ________________________
Receipt No. _______________________
Signature: ________________________________________ Signature of the individual in charge
Place: _________________________ Date: ___/___/_____ ___________________________________________

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 ANNEX III
SUPPORTING INFORMATION ON TECHNICAL AND FINANCIAL CAPACITY

A. INFORMATION IN SUPPORT OF TECHNICAL CAPACITY

Article 10.2 of Regulation No. __/___, of 20__

The Applicant has filed the following additional documents with the ANP:
(Please describe)

B. INFORMATION IN SUPPORT OF FINANCIAL CAPACITY

Article 10.3 of Regulation No. __/___, of 20__

The Applicant has filed the following additional documents with the ANP:
(Please describe)

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C. INFORMATION ON HEALTH SAFETY & ENVIRONMENT COMPLIANCE
Article 7 (e) of Regulation No. __/___, of 20__

The Applicant has filed the following additional documents with the ANP:
(Please describe)

D. DESCRIPTION AND PLANS OF INFRASTRUCTURE TO BE BUILT

As required by the specific ANP Regulations applicable to the Activity (ies) to be carried out

The Applicant has filed the following additional documents with the ANP:
(Please describe)

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E. DESCRIPTION OF EQUIPMENT TO BE USED
As required by the specific ANP Regulations applicable to the Activity (ies) to be carried out

The Applicant has filed the following additional documents with the ANP:
(Please describe)

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