On March 3, 2021, the
Resolution That Establishes the Goods Whose Import and Export Are Subject to Regulations Issued by the Ministry of Energy (the “Resolution”) was officially suspended through a resolution published in the Federal Official Gazette by the Ministry of Economy and the Ministry of Energy (
Secretaría de Energía, “SENER”) in accordance with the precautionary measures ordered in the
amparo proceeding 16/2021 (the “Suspension Resolution”).
As mentioned in our
previous Legal Update, the permitting regulations for the import and export of hydrocarbons and petroleum products that were originally published by the SENER on 2014 will continue to apply to all companies requesting permits before the SENER.
On February 16, 2021, in an
amparo proceeding, a Mexican court specializing in economic competition issued a provisional suspension of the
Resolution That Establishes the Goods Whose Import and Export Are Subject to Regulations Issued by the Ministry of Energy (“Resolution”), which had been published in the Federal Official Gazette on December 26, 2020.
Even though this decision was issued in a specific
amparo proceeding, its effects are applicable to other entities, which will continue to be subject to the permitting regulation for the import and export of hydrocarbons and petroleum products that was originally published by the Ministry of Energy on 2014. The suspension prevents a legal gap and prevents different market participants from being subject to different rules, which could result in the detriment of economic competition.
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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 by the Ministry of Energy
( SENER ) in the DOF on December 29, 2014.
As analyzed previously, the Resolution constrains the
procedure for filing and obtaining import and export permits and
establishes additional requirements. As a result, the legal