Resolution that abrogates the suspension of the new import and export regulation

On February 17, 2022, it was published in the Federal Official Gazette (DOF) the Resolution abrogating the Resolution that suspends all the consequences derived from the Decree that establishes the products which import and export are 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, from 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 Mexican Republic, published in the Federal Official Gazette on March 3, 2021 (the Resolution that abrogates the Suspension Incident).

In connection to the above, it is essential to mention that on December 26, 2020, the Decree that sets forth the products which import and export are subject to Regulation by the Ministry of Energy (the Decree), became effective, which superseded the Decree that establishes the classification and codification of hydrocarbons and oil products which import and export are subject to a prior permit from the Ministry of Energy, published in the DOF on December 29, 2014, and its subsequent amendments.

The Decree established that prior permits for importing and exporting hydrocarbons and petroleum products would no longer be granted for 20 years, but only for one or five years, and imposed several requirements for obtaining prior permits. (For more information, please refer to our previous note.)

Notwithstanding the foregoing, on March 3, 2021, a resolution was published in the DOF suspending all the consequences under the Decree in terms of the resolution of the suspension procedure derived from the amparo 16/2021 (the Amparo Procedure), of the Second District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, located in Mexico City and with jurisdiction throughout the Mexican territory (the Suspension Resolution).

The Suspension Resolution established that until the Amparo Procedure is resolved, the Decree that establishes the classification and codification of hydrocarbons and oil products which import and export are subject to a prior permit from the Ministry of Energy of 2014 and its subsequent amendments, which the Decree had superseded, will be applicable. (For more information, please refer to our previous note.)

Derived from the above and from the resolutions of the other amparo procedures that granted the definitive suspension with the same effects of Amparo Procedure 16/2021, the Ministry of Energy, through this new Resolution that abrogates the Suspension Resolution suspended all the consequences derived from the Suspension Resolution except for those individuals that obtained a cautionary measure with particular effects against its application.

The Resolution abrogating the Suspension Incident will become effective the day after its publication in the DOF, making the Resolution published on December 26, 2020, applicable to all those interested in obtaining prior import and export permits.

Likewise, the Resolution that abrogates the Suspension Incident establishes that in order to resolve the applications for prior import and export permits entered through the Mexican Foreign Trade Digital Window (Ventanilla Digital Mexicana de Comercio Exterior), will be subject to the Resolution of December 26, 2020; thus it will notify the interested parties to comply with the applicable requirements.

For more information regarding the Resolution that abrogates the Suspension Incident, please contact:

César Fernández | International Partner
Norton Rose Fulbright US MX, S.C.
Tel. +52 55 3000 0604 | Mobile. +52 1 55 5438 2601
cesar.fernandez@nortonrosefulbright.com