In brief
On 18 September 2024, 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 SENER regarding their import and export (“New Directive“).
This New Directive:
(i) Amends certain articles of the Directive that establishes the goods whose import and export is subject to regulation by the SENER, published on 6 November 2023;
(ii) Adds articles with new regulations applicable to prior permits for import and export of oil products or hydrocarbons (“Permit(s)“); and
(ii) Includes a catalog of specifications containing the composition and physicochemical properties of the products that are classified in the regulated tariff items.
1. Key points
Some of the highlights of the New Directive are:
(i) The requirement of Proof of Composition and Physicochemical Properties is introduced, to show the composition and physicochemical properties of the products to be imported or exported;
(ii) The periodicity of operation reports has been modified, from monthly, to quarterly or annual, depending on the type of Permit and the permitted period;
(iii) Inspection visits will be carried out to inspect permit holders, as well as to gather samples by SENER or any other competent authority;
(iv) For certain cases, the procedure for obtaining Permits is simplified, considering the type of product, use and quantities requested (using as a threshold of one million units of measurement according to the applicable tariff);
(v) Export permits may be granted for a term of more than five and up to 20 years; and
(vi) although a couple of import tariff items are added to the New Directive, the products catalog is consistent with the previously regulated tariff items.
2. Validity of the New Directive
The New Directive entered into force on 19 September 2024.
However, it is important to consider that:
(i) Permit applications submitted prior to the entry into force of the New Directive will be processed in accordance with the provisions in effect at the time of their submission;
(ii) Permits granted prior to the entry into force of the New Directive will be valid until their term expires or the authorized volume is used, and will be governed in accordance with the legal provisions applicable at the date of their issuance; and
(iii) In all cases, permit holders must comply with the new timeframe established for annual or quarterly reports, as applicable.
3. Next steps
To determine the potential impacts of the New Directive for your business, it is necessary to perform an comprehensive analysis from a regulatory, international commerce and litigation perspective. This is to determine potential impacts and risks to your business and, if applicable, integrate compliance strategies under the New Directive.
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We will be happy to answer any questions you may have.
