ANM Resolution No. 103/2022 established the National Registry of the First Acquirer of mineral assets originating from the Small Scale Mining Consent Permission System (PLG). Based on the need to regulate the management, oversight, and collection of the Financial Compensation for the Exploitation of Mineral Resources (CFEM), the regulatory standard established traceability rules at the origin. However, subsequent regulatory modifications altered the Sanctions System, increasing the property risk for titleholders of mineral rights.
The original regulatory framework of Resolution No. 103/2022 was modified by two specific rules, which redefined the severity of the penalties applied to the sector.
ANM Resolution No. 122/2022
While ANM Resolution No. 103/2022 set the mandatory prior and electronic registration for the first acquirer and determined that PLG titleholders must market their production exclusively to registered agents, ANM Resolution No. 122/2022 modified the first paragraph of Article 2, linking the fines incident on the irregular purchase directly to the calculation criteria of Law No. 8,001/1990.
ANM Resolution No. 223/2025
Subsequently, ANM Resolution No. 223/2025 introduced the second modification, revoked the 2022 rule, and consolidated the procedure for investigation of violations. The primary impact was the introduction of the fourth paragraph to Article 3 of Resolution No. 103/2022, establishing the provision for the forfeiture of the mining title due to recidivism.
Progressive Penalties and the Risk of Forfeiture
With the integration of the rules from ANM Resolution No. 223/2025, non-compliance with marketing obligations began to follow a progressive sanctioning procedure, directly tied to the maintenance of the mineral asset:
- Primary Violation: Application of a parameterized pecuniary fine, linked to the administrative file of the PLG where the irregular operation was identified.
- Recidivism: Collection of the financial penalty in double, in compliance with the general criteria of Decree No. 9,406/2018.
- Persistent Default: Upon completion of the procedure for applying the fine for recidivism, the ANM will automatically initiate the procedure for the definitive cancellation of the mining title, pursuant to Article 9, first paragraph, of Law No. 7,805/1989.
This system transfers the responsibility of auditing buyers to the PLG titleholder, given that the registration non-conformity of the acquirer triggers the flow for the loss of the miner’s exploitation consent.
Effects of ANM Deliberation No. 436/2026
An immediate point of legal attention involves the effects of ANM Deliberation No. 436/2026. The aforementioned rule temporarily suspended the application of financial sanctions related to these violations.
It is essential to highlight, from a technical perspective, that the suspension of the fine’s requirement does not invalidate the force of primary and ancillary obligations. The mandatory requirement of exclusive sale to registered agents and the duty to maintain updated commercial data remain in force.
Transactions carried out in non-compliance during this suspension period remain subject to inspection and record an infraction history in the miner’s file. Consequently, they generate a regulatory liability that could accelerate forfeiture processes once the suspension period expires.
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