Mexico City, February 23rd, 2022.
On February 17, 2022, the Energy Ministry (“SENER”), published in the Federal Official Gazette (“DOF” for its acronym in Spanish) an administrative resolution that modified the regime (definitive and temporary importation, or fiscal deposit) and requirements to obtain import and export permits from SENER for hydrocarbons and oil products, which are required to carry out such activities.
The most relevant change is the fact that, starting from February 18th, 2022, all the new permits will be granted by SENER for a term of one (1) and five (5) years, formerly granted for twenty (20) years, and may be extended for two and one additional occasion, respectively.
It is important to mention that the permits granted for a term of one (1) year will expire whenever they are not used for more than thirty (30) natural consecutive days, while the five (5) and twenty (20) years permits will expire whenever they are not used for more than three hundred and sixty-five (365) natural consecutive days. According with the fourth transitory article of the administrative resolution, all the permits granted previous the entry into force of the resolution will remain in force in its terms.
Please note that this administrative resolution was issued pursuant to and in connection to a resolution issued by the Second Collegiate Court in Administrative Matters, Specialized in Antitrust, Broadcasting and Telecommunications, by means of which the effects and consequences of a motion for stay of execution within an amparo trial were modified.
We consider that this administrative resolution could be challenged by means of an amparo action, arguing violations to constitutional principles such as legality, legal security and legitimate expectations. However, due to the nature of this administrative resolution, it will be necessary to analyze each case in particular in order to determine the legal actions that could be implemented by the affected parties.
The lawyers of the energy, infrastructure and administrative areas of the firm are available for any questions or comments on the above.
S I N C E R E L Y,
Juan Carlos Serra