Mexico City, January 7th, 2021.
On December 26th, 2020, the Ministry of Economy published in the Federal Official Gazette (“DOF” for its acronym in Spanish) an administrative resolution which included the merchandises subject to regulation from the Energy Ministry (“SENER”) (the “Resolution”).
The referred Resolution modified, among other matters, the regime and requirements to obtain import and export permits from SENER for hydrocarbons and oil products, which are required to carry out such activities.
Among the new rules included in the Resolution to obtain the type of permits referred above are: (i) SENER may adjust the volumes required by petitioner whenever the requested volumes had not been justified; (ii) permits will be granted for a term of one (1) and five (5) years; (iii) all petitions must include the agreements entered with the laboratories authorized by the Energy Regulatory Commission (“CRE”) or the Ministry of Economy as to prove the fuel quality.
Additional requirements are included as to obtain permits to export the referred products.
Permits granted for a term of one (1) year may be extended for two additional occasions, while the five (5) years term permits may be extended for one additional occasion.
It is worth mentioning that 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.
Additional obligations are also imposed on permit holders as to verify that they are complying with the terms of their permits, such as the obligation of filing a monthly report as per a form to be released by SENER.
Finally, the Resolution abrogates the previous administrative resolutions related to the requirements needed to obtain import and export permits for hydrocarbons and oil products published in the DOF on March 02, 2012, as well as on December 29, 2014, including their corresponding amendments.
The lawyers of the energy and infrastructure area at firm are available for any questions or comments on the above.
S I N C E R E L Y,
Juan Carlos Serra
Jorge Eduardo Escobedo