On March 26, 2021, the Mexican House of Representatives published in the Parliamentary Gazette an initiative to amend certain provisions of the Hydrocarbons Law, an amendment directly proposed by President Andrés Manuel López Obrador.
This Legal Update details the content of such initiative and the next steps for its approval.
A federal district court suspends, with general effects, President López Obrador’s amendments to the Electricity Industry Law.
This Legal Update details the content of the decision on the injunction or amparo.
The Resolution That Establishes the Goods Whose Import and Export Are Subject to Regulations Issued by the Ministry of Energy was officially suspended by the Ministry of Economy and the Ministry of Energy through a publication in the Federal Official Gazette.
This Legal Update details the content of such publication.
The Senate discussed and approved the draft of the Amendment of the Electrical Industry Law, now only awaiting President López Obrador’s approval before it can enter into force.
This Legal Update details the session of the Senate and the content of the amendment.
On February 23, 2021, the House of Representatives discussed and approved the draft of the Amendment of the Electricity Industry Law proposed by Mexico President López Obrador with a total of 304 votes. One of the most relevant features of the Amendment is the modification of the dispatch order, disregarding economic efficiency mechanics, which will
A Mexican Court issued a provisional suspension in an amparo proceeding of the new hydrocarbons and fuels import and export rules enacted by the Ministry of Energy on December 26, 2020. As a result, the permitting regulation for the import and export of hydrocarbons and petroleum products originally published by the Ministry of Energy on
The electricity industry in Mexico is under stress. The President of Mexico has proposed amendments to the Electricity Industry Law that could result in the undoing of the energy reform that permitted private investment in the power market. In parallel, the Mexican Supreme Court issued a decision rejecting a number of provisions of the Ministry
On January 18, 2021, the Energy Regulatory Commission (Comisión Reguladora de Energía, “CRE”) published in the Official Gazette of the Federation (Diario Oficial de la Federación, “DOF”) a resolution suspending again all deadlines and terms of actions and procedures before the CRE.
In a manner similar to the last suspension resolution, the
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
On December 1, 2020, the Ministry of Energy (“SENER”) and the Ministry of Economy presented a draft resolution before the National Commission for Regulatory Improvement (“CONAMER”) the “Resolution that Establishes the Goods Whose Import and Export are Subject to Regulations Issued by the Ministry of Energy” (the “Draft Resolution”), which may be consulted here.
The Draft Resolution, will supersede the current permitting regulation for import and export of hydrocarbons and petroleum products, originally published by SENER in the Federal Official Gazette (“DOF”) on December 29, 2014 (as amended, the “Current Regulations”). In parallel, the Draft Resolution also regulates other goods (i.e. softwares, nuclear and radioactive material).
The principles behind the Draft Resolution contemplate a regulatory environment that is very different from the 2014 energy reform regulations. The Draft Resolution constrains the procedure for filing and obtaining import and export permits and establishes additional requirements. As an example, applicants will have to demonstrate that the export of hydrocarbons will not impact the domestic supply in the mid and long term. This is an extremely vague requirement that could likely result in disagreements, delaying the issue of such permits and the activities of the relevant parties. The fact that a permit will be deemed rejected if SENER fails to issue a resolution on its application is another serious difference with the Current Regulations. Finally, the fact that state-owned companies, such as Pemex, may be consulted to determine the convenience of any such permits may also be problematic and add uncertainty to the process.
It is important that companies that may be affected by this new regulation provide comments within the public consultation timeline so that they can be considered before the Draft Resolution is published and enters into effect.