On September 18, 2023, the Ministry of Energy ("SENER") published in the Official Gazette of the Federation the Resolution that modifies the rules that establish the goods whose import and export is subject to regulation (the "Resolution"), with the aim of updating and simplifying the procedure for obtaining the permits for the import and export of hydrocarbons and petroleum products, as well as including a catalog of specifications that contains the composition and physicochemical properties of such goods.
The Resolution entered into force the day after its publication and is applicable to the applications for permits that are submitted as of that date. The applications that have been submitted before the entry into force of the Resolution will be respected in terms of the provisions in force at the time of their submission. The permits that have been granted before the entry into force of the Resolution will be valid until they conclude their validity or exhaust the authorized volume.
Below, is a summary of the main aspects of the Resolution:
a) Four types of validity are determined regarding permits for the import and export of hydrocarbons and petroleum products: 60 calendar days, one year, five years and more than five years up to 20 years. The validity of more than five years up to 20 years only applies to the export permits, subject to SENER's approval, provided that the applicant justifies the benefit of the social and economic interest and that it is in accordance with the National Development Plan, as well as that there is an associated infrastructure project.
b) Different criteria are established for granting the permits for the import and export, depending on the type of industry, added value, quality standards, sustainability, market share, jobs generated and any other that SENER considers pertinent. Likewise, causes for rejecting or revoking the permits are established, among which are the participation in illicit activities, the non-compliance with fiscal, customs, energy or foreign trade obligations and the affectation to the energy security and sovereignty.
c) A catalog of specifications is included that contains the composition and physicochemical properties for the goods specified in the Resolution. The goods that are imported or exported must correspond to the specifications established in the catalog, unless they are destined to the regimes of temporary importation, fiscal deposit or temporary exportation.
d) The conditions for extending or amending the permits for the import and export are established, as well as the causes for suspending or canceling them. The permits can be extended up to two more times with the same validity, in the case of the permits of one year, for a single occasion with the same validity, in the case of the permits of five years, and for a single occasion up to half of the original validity, in the case of the permits of more than five years up to 20 years. The permits can be amended only when it is requested to correct the description of the goods or the countries of origin or destination, provided that the permit that is requested to be modified has not been used. The permits can be suspended or canceled when they are not used for more than 90 calendar days consecutively, in the case of the permits of 60 days or one year, or for more than 365 calendar days consecutively, in the case of the permits of five years or more.
In view of the entry into force of the Resolution, we recommend our clients to review the catalog of specifications that contains the composition and physicochemical properties of the goods specified in the Resolution and verify that the goods that they import or export comply with such specifications; likewise, it is important to review the criteria and causes for granting, rejecting, revoking, extending, modifying, suspending or canceling the permits for the import and export, ensuring compliance with the obligations and conditions established in the Resolution; finally, they must be attentive to the notifications and communications that they receive from SENER or any other competent authority related to their applications or permits for the import and export.
In case of requiring more information or advice on the Resolution or on the permits for the import and export of hydrocarbons and petroleum products, do not hesitate to contact us.
You may access the Resolution here.
.svg){kind=small}
