Mexico: The requirements to obtain permits to export and import hydrocarbons as well as oil products have been modified

In brief

On 6 November 2023, the Ministry of Economy, together with the Ministry of Energy ("SENER") published in the Federal Official Gazette the Directive that amends and establishes the products subject to regulation by the SENER with regard to their import and export ("New Directive"). This New Directive (i) amends certain articles of the one that establishes the products subject to regulation by the SENER with regard to their import and export, published in the Federal Official Gazette on 26 December 2020, (ii) adds articles with new regulations applicable to prior permits for the import and export of oil products or hydrocarbons ("Permits") and (iii) includes new products that are now subject to Permits issued by SENER.


Key points

  1. Applicability

The New Directive is applicable for oil products that are imported or exported, as well as for hydrocarbons, lubricants, blends and oils. In other words, the list of the New Directive includes (i) new products used by the energy industry and (ii) regulates new products, supplies/goods for own use in the pharmaceutical, mining and manufacturing industries, among others.

  1. Key points of the New Directive

Some of the highlights of the New Directive are (i) new regulatory requirements and criteria introduced to obtain Permits, (ii) control mechanisms for product traceability, (iii) new grounds for revocation of Permits and (iv) a need to obtain opinions from other authorities to prove that there is no impact on the national energy balance.

  1. Temporary regulation

In line with the New Directive, on 23 October 2023, SENER published the Decree establishing measures to combat the illicit fuel market, related to the importation of products regulated by the SENER ("Import Decree").

This Import Decree (i) includes a list of new products that must obtain a prior import authorization from the SENER, (ii) establishes that several authorities (i.e., Ministry of Economy, Tax Administration Service, Energy Regulatory Commission and the Ministry of Environment and Natural Resources, etc.) must, among others, make adjustments to registrations and issue non-tariff related rules and additional regulations to comply with the Import Decree and (iii) establishes certain temporary measures for monitoring, supply, control mechanisms, and fighting the illicit fuel market.

  1. As a consequence of the obligation to issue additional regulations, Annex II of the New Directive compiles the list of goods of the Import Decree that require authorization from SENER, and now regulates such as products that require a Permit under the Directive in order to be imported/exported.
  2. Validity of the New Directive

The New Directive entered into force on 7 November 2023. However, it is important to consider that for new products classified in the tariff items, the New Directive will be enforceable within the following 30 working days.

On the other hand, it is important to consider the possible consequences and authorizations granted under the Import Decree. 

  1. Next steps

In order to determine the possible impact of the New Directive and the Import Decree for your business, it is necessary to perform an integral analysis from a regulatory, foreign trade and litigation perspective. This in order to (i) determine possible impacts and risks for your business, as well as to (ii) integrate key strategies that will allow you to continue importing and exporting the goods that are regulated under the New Directive and the Import Decree.

We will be happy to answer any questions you may have.

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