Resumption of effects of the Resolution regarding import and export permits for hydrocarbons and petroleum products
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On February 17, 2022, the Ministry of Economy and Ministry of Energy published in the Federal Official Gazette (the "DOF") the "Resolution that abrogates the resolution that suspends all the consequences derived from the Resolution that establishes the products whose import and export is subject to regulation by the Ministry of Energy, published in the Federal Official Gazette on December 26, 2020, in terms of the resolution of the suspension incident derived from the Amparo trial 16/2021, of the index of the Second District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, published in the Federal Official Gazette on March 3, 2021" (the "Resumption Resolution").1
The Resumption Resolution restores the effects of the "Resolution that establishes the products whose import and export is subject to regulation by the Ministry of Energy" published in the DOF on December 26, 2020 (the "Resolution of Import and Export Permits"); therefore, the Resolution of Import and Export Permits is again applicable to all those interested in importing or exporting the hydrocarbons and petroleum products regulated therein, except in the event that a precautionary measure with particular effects against its application (for example, a provisional or definitive injunction in an Amparo trial) has been obtained, pursuant to the Second Transitory Article.
The effects of the Resolution of Import and Export Permits was suspended by means of the "Resolution which suspends all the consequences derived from the Resolution that establishes the products whose import and export is subject to regulation by the Ministry of Energy, published in the Federal Official Gazette on December 26, 2020, in terms of the resolution of the suspension incident derived from the Amparo trial 16/2021, of the index of the Second District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic" published in the DOF on March 3, 2021.
As a consequence of the publication of the Resumption Resolution, as a general rule, new applications for import and export permits must be submitted in accordance with the requirements of the Resolution of Import and Export Permits, and permits granted as a result of such applications will have the characteristics established in the latter (particularly in their term). For further details on the above, please refer to our client alert published on January 6, 2021, in the following link: Amendments regarding import and export permits for hydrocarbons and petroleum products.
Finally, transitory articles of the Resumption Resolution establish that (i) the requests for import permits submitted during the period in which the Resolution of Import and Export Permits was suspended shall be adjusted to the applicable regulatory framework, and (ii) import or export permits granted before the entry into force of the Resumption Resolution shall continue to be valid until their terms expire, and the rights and obligations of such permits shall be governed in accordance with the regulations applicable on the date of their issuance.
1 Available here: https://www.dof.gob.mx/nota_detalle.php?codigo=5643185&fecha=17/02/2022.
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