🇧🇷Brazil

Multas por Incumprimento do Dever de Transferência de Pagamentos (Produtor de Biocombustível)

1 verified sources

Definition

Renovabio compliance penalties under Decree 12,437/2025 targeting biofuel producers that fail to transfer timely payments to suppliers. Penalties are proportional to unpaid CBIOs and can reach R$50 million. Additionally, non-compliant producers lose the ability to issue new CBIOs for biomass supplied by delinquent suppliers, causing multi-year revenue impacts.

Key Findings

  • Financial Impact: Up to R$50,000,000 per non-compliance event; Plus lost CBIO issuance value (estimated R$20-100 million over subsequent years per supplier relationship)
  • Frequency: Annual or semi-annual payment cycles; continuous CBIO tracking; one violation can impact multi-year supplier relationships
  • Root Cause: Manual payment reconciliation between production volumes and supplier deliveries; administrative delays in CBIO issuance; incomplete tracking of supplier transactions; lack of automated payment verification against ANP records

Why This Matters

The Pitch: Natural gas operators with biogas/renewable components waste up to R$50 million in penalties for delayed supplier payments. Automated payment reconciliation and CBIO tracking systems eliminate non-compliance and preserve future credit issuance eligibility.

Affected Stakeholders

Finance/Accounting Manager, Supplier Relations Manager, Compliance Officer, CBIO Administrator, ANP Liaison

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Financial Impact

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Current Workarounds

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Multas por Queima de Gás Natural (Gas Flaring) Não Autorizado

R$121,700,000 (2011-2015 period); Average R$1,294,681 per violation

Multas por Não Conformidade com Licenças Ambientais (Ar e Água)

Up to 3-4% of gross annual revenue (per Brazilian GHG Emissions Trading System); License revocation = operational shutdown (infinite revenue loss); Criminal penalties = individual fines + imprisonment

Penalidades por Violação de Obrigações de Conformidade Ambiental Significativa

Criminal fines: R$50,000 - R$500,000 per violation; Imprisonment: 1-4 years (executive liability); License revocation = indefinite operational shutdown (revenue loss = facility value × years out of service)

Ineficiência Operacional em Processamento Compartilhado de Gás

Estimated 10–20% reduction in per-unit processing costs = R$15M–R$40M annually for a facility processing 150M m³/day (based on typical operating cost of R$0.50–R$1.20/m³ for shared midstream infrastructure)

Erros de Cálculo em Distribuição de Royalties e Participações Especiais

Estimated R$ 3-8 million per audit cycle (biennial); typical penalty range: 50-100% of underpaid royalties plus 20% administrative fine per ANP enforcement guidelines

Custo Brasil em Conformidade Fiscal de Distribuição de Participações

Estimated 200-400 hours/year of financial analyst labor (R$ 150,000-300,000 in fully-loaded cost); penalties for under-withholding: 50% of tax due + 20% fine; interest accrual at SELIC rate (currently ~10.5% annually)

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