New decree amending the list that sets forth goods whose import and export are subject to regulation by the Ministry of Energy

On September 18, 2024, the "Decree amending the list that sets forth goods whose import and export are subject to regulation by the Ministry of Energy" (the "Decree") was published in the Federal Official Gazette and became effective on September 19, 2024.

The Decree amends several provisions of the “Decree that establishes the goods whose import and export is subject to regulation by the Ministry of Energy”, which was in force as of December 26, 2020 and whose purpose was to regulate the processes for obtaining prior import and export permits for hydrocarbons and petroleum products and to establish the goods and tariff fractions subject to the obligation to obtain a prior import and export permit.

Import and export permits

The Decree includes several modifications to the duration of the permits depending on the use, type of hydrocarbons and import and export volumes. Permits can now be granted with the following durations:

• 60 days for sporting events and research trials.
• 1 year and 5 years for regular commercial operations.
• Between 5 and 20 years for export permits linked to projects of social or economic interest.

It is important to note that prior to the Decree, permits with a validity of up to 20 years were no longer issued. Now, export permits can be issued for periods ranging from 5 to 20 years, as long as a significant benefit to the Mexican state is justified, in line with national energy policy goals and the National Development Plan. However, these criteria may be subjective and give the competent authority discretion in granting the permits covered by the Decree.

Another aspect of the Decree is the introduction of new requirements and processes for permit applications, notably the use of the “Ventanilla Digital” (a digital platform) to request and process said permits.

The Decree also introduces different procedures for obtaining permits depending on the volume of imports or exports.

In this regard, a procedure with simpler requirements is included for obtaining import and export permits for volumes of less than one million units of measurement, in accordance with the tariff rates applicable to each product.

The Decree also includes as a new requirement for obtaining any import or export permit, the procurement of a “Certificate of Composition and Physicochemical Properties”. This document is essential for certifying the nature of the hydrocarbons and petroleum products intended for import or export. According to the Decree, this certificate must be issued by the manufacturer or producer of the goods and must detail the composition and physicochemical characteristics of the batch or series in question.

Amendments and renewals of import and export permits

The Decree sets forth that modifications to the permits will only be allowed when the permits have not been used and provided that the modifications are limited to correcting the description of the goods to be imported or exported, and/or when the country of origin or destination of the goods is to be changed. This last case did not require the modification of the permit prior to the Decree.

In any other case, a new permit must be requested.

With respect to permit renewals, the Decree provides that export permits issued for a term of 5 or more years and up to 20 years may be renewed only once for up to half of the original permit..

Reporting obligations

The Decree also modifies the obligation to file periodic reports before the Ministry of Energy.

Now, instead of submitting monthly reports, annual reports must be submitted for import or export permits for volumes of less than one million units of measure or quarterly reports for permits for volumes of more than one million units of measure.

Custom classifications

One of the other points of the Decree is the update of the list of regulated goods and their corresponding custom classification.

These include hydrocarbon derivatives such as gasoline, diesel, fuel oil, and biodiesel. Additionally, other categories are detailed, such as oils and specific fuels for sporting events and laboratory testing.

These modifications are essential to more precisely define the goods that will be subject to strict regulations by the Ministry of Energy.