ARTICLE
30 December 2020

Despite Concerns Of Impact On Competition And Regulatory Certainty, Mexico Enacts New Rules On Import And Export Of Hydrocarbons And Fuels

MB
Mayer Brown
Contributor
Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
On December 26, 2020, the Ministry of Economy ("SE") published in the Federal Official Gazette ("DOF") the "Resolution that Establishes the Goods Whose Import and Export are Subject to...
Mexico Energy and Natural Resources
To print this article, all you need is to be registered or login on Mondaq.com.

On December 26, 2020, the Ministry of Economy ("SE") published in the Federal Official Gazette ("DOF") the "Resolution that Establishes the Goods Whose Import and Export are Subject to Regulations Issued by the Ministry of Energy" (the "Resolution") superseding the permitting regulation for import and export of hydrocarbons and petroleum products, originally published by the Ministry of Energy ("SENER") in the DOF on December 29, 2014. 

As analyzed previously, the Resolution constrains the procedure for filing and obtaining import and export permits and establishes additional requirements.  As a result, the legal framework for marketers of products such as gasoline, diesel and jet-fuel have changed significantly.

Please click  here for our previous post regarding the impact of the Resolution.

Although concerns were manifested by individuals and especially the Mexican  Federal Economic Competition Commission (anti-trust agency) alerting that the Resolution could cause severe damage to the market, especially with respect to the free market and the promotion of private investment, the National Commission for Regulatory Improvement ("CONAMER") granted on December 24, 2020 the green light for the early publication of the Resolution. 

Notwithstanding the comments and suggestions made through CONAMER's website, the relevant content of the Resolution remains as originally proposed with respect to permitting procedures and with some minor amendments in the products subject to the Resolution (i.e. the published Resolution left out petrochemicals not-related to the petroleum sector such as etilic alcohol). This will likely mean that there will be judicial actions filed against the Resolution but regardless of the outcome, the damage is done because Mexico is in effect changing the rules of the Energy Reform.  These changes will impact not only the importers of fuels but also the upstream investors that were counting on 20 year export permits to produce their crude.  It is early to measure the extent of the damage, but these types of measures generate uncertainty and lack of confidence in the regulatory system.

In the meantime, as provided in the transitory articles, the Resolution is in full force and effect as of December 28, 2020, becoming the new regulatory framework for the import and export of hydrocarbons and fuels.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

ARTICLE
30 December 2020

Despite Concerns Of Impact On Competition And Regulatory Certainty, Mexico Enacts New Rules On Import And Export Of Hydrocarbons And Fuels

Mexico Energy and Natural Resources
Contributor
Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More