The Secretariat of Finance and Public Credit (SHCP) published this Tuesday in the Official Gazette of the Federation (DOF) a resolution that restores the possibility of any particler, and not only of Petróleos Mexicanos (Pemex) and the Federal Electricity Commission (CFE) of request and getr the authorization for import and export hydrocarbons and petroleum products in a place other than the authorized one (LDA).
The content of the Resolution will take effect from November 24, 2021, but its benefits are applicable from October 25, 2021.
The law firm Campa & Mendoza stated that these modifications are important, since rule 2.4.1 of the General Rules of Foreign Trade (RGCE) will cease to establish that the productive companies of the State are the only ones that can request new LDAs or extensions to existing LDAs.
This rule now removes the exclusivity of the LDAs to Pemex and CFE and instead it establishes that the legal entities interested in obtaining the LDA must comply with various requirements, such as proving that they are the holders of concessions, permits and authorizations or contracts granted by Mexican authorities, such as the Energy Regulatory Commission (CRE).
This rule had been modified on June 11 by the Tax Administration Service (SAT) so that only Pemex and CFE could commercialize crude oil, natural gas, oil products and other minerals.
In this regard, the American Chamber / Mexico had expressed its concern, since they considered that this situation would seriously affect the energy sector, infrastructure projects and the competitiveness and integration of North America, since they violated the principles of the Agreement between Mexico, United States and Canada (T-MEC).
One of the points that most concerned Amcham / Mexico was the rule that was reestablished this Tuesday, since they considered that it significantly restricted the options of the private sector to import petrochemicals and hydrocarbons to Mexico, eliminating the maritime option in terminals located outside ports, which is the most competitive transportation after pipelines.
“This will have a significant impact on the prices of fuels, food and pharmaceutical products, among others, mainly affecting the pocket of the final consumer,” the Chamber underlined a few months ago.