We tested the new ANM Digital Protocol: Check out the advantages and issues encountered

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

According to ANM Resolution No. 16/2019, the user will be able to file all documents related to mining services from an internet connection, reducing costs related to paper printing, transfer and time for travel and protocol. The system has the security of recognized technologies, such as Digital Certification – ICP-Brasil.

With the new system, it is natural for users to have difficulties in understanding how the new platform works. With this in mind, we have prepared a simple and direct guide to facilitate the understanding of the new filing system, in addition to a step-by-step guide considering different types of user possibilities.

It is important to remember that, as it is very recent, it was expected that the system would present periods of malfunction. In the first week in activity, instabilities were reported on the platform, in addition to errors when carrying out the filing stage.

Despite the problems found on the platform, the ANM suspended all physical protocols as of September 30. Such inflexibility of the agency caused users to have problems filing their documents, and will possibly generate unnecessary judicial imbroglios, which would not have occurred if a hybrid strategy (contemplating physical and digital protocol) had been adopted, at least in the first months of the changes.

Problems aside, let's go to the operation of the system:

How to access the Digital Protocol and migrate your account?

When accessing the ANM Services Portal (http://www.anm.gov.br/), a new access button called "Digital Protocol" is observed.

By clicking on this button, the Access Control System (SCA) is entered, as can be seen below and, soon after, the user is directed to the Single Sign-On (gov.br):

I have a Registration Form (CTDM)

At this stage, if you are already registered in the old CTDM registration form, follow the procedures that will be described below.

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

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

It is worth remembering that users will have up to 01 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 to carry out the protocol?

After filling out this database, the next step is the protocol itself.

Users who are not tied to any company may still encounter an access denied screen when attempting to perform 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 according to 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 "File by Application Code" the user can file by type of request, according to the barcode of the applications made in the Minas Gerais registry. In the second option "Attach protocol for existing processes" you can make a protocol for existing processes in which the user is the rights holder or his representative. There is also a third option, which deals with matters unrelated to requirements, as shown in the example below:

Taking as an example the option to "File by Application Code" and in the case of the Research Authorization Request, the following screen should appear.

The user must fill in the "Bank Slip" field and must attach a list of mandatory documents.

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

I don't have a registration form (CTDM)

Natural person

If you do not have the registration form, you will have to obtain the digital certificate (e-CPF) and then go through the Single Login, to only then make the protocol.

Individual operating by legal entity

You will have to obtain the digital certificate. The e-CNPJ is the digital certificate itself and contains the data of individuals and legal entities. Here are some links to assist in this process.

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

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

Certification Authorities:

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

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

It is important to note that every individual and every individual who operates for a legal entity will be required to create an account on gov.br.

More information about how the Platform works?

1 – What are the opening hours and priority rule?

The New Digital Protocol platform is regulated by ANM Resolution No. 16/2019, which contains the regulation of the Digital Protocol.Access via the web can be done every day, 24 hours a day and will always work according to the Brasília time zone.

In addition, it is important to note that the New Digital Protocol does not change the legislation regarding the right of priority. The system records the date and time of the protocol, including the 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 protocols made in the Digital Protocol.

2 – Will paper documents still be accepted?

From now on, the protocols of the Regional Units and the Headquarters will be prohibited from receiving paper documents, whether openings or attachments directed to mining or administrative processes. That is, all processes must be done via the web.

The exception will be intended only for other public agencies (federal, state or municipal) that do not yet work with electronic administrative proceedings, as provided for in ANM Resolution No. 16/2019.

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

From the operation of the Digital Protocol, it will not be possible to make new registrations in 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, being replaced by access through the digital certificate linked to the Single Login.

4 – What happens to the joins sent by the Post Office?

In compliance with the legislation in force, the date of posting of the joins will be considered: – All those that are posted until September 29, 2019 will be filed and added to the processes. – Those posted as of September 30, 2019 will no longer have legal validity, and it is the responsibility of the holder of the process to send them through the Digital Protocol.

5- My process already existed on paper before the Digital Protocol started working. What will happen to him

It will start as an "empty" electronic process, with the existing volumes remaining on paper. These existing processes will not be digitized immediately. At a later time, according to the ANM, it is intended to digitize the processes still active on paper, and the corresponding digitized files will be included in the electronic process already existing in their chronological order, respecting, among others, the procedures and rules of document management involved in the digitization of original documents on paper, as well as their subsequent preservation.

6 – Will the letters of demand and other communications continue to be sent by mail and published in the DOU?

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

7 – What will happen to the deadlines that expire in the first days of operation of the Digital Protocol. How should I comply with them?

Deadlines due and expiring between September 30, 2019 and October 30, 2019 will be automatically extended until October 31, 2019.