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.