On February 16, 2021, in an amparo proceeding, a Mexican court specializing in economic competition issued a provisional suspension of the Resolution That Establishes the Goods Whose Import and Export Are Subject to Regulations Issued by the Ministry of Energy (“Resolution”), which had been published in the Federal Official Gazette on December 26, 2020.
Even though this decision was issued in a specific amparo proceeding, its effects are applicable to other entities, which will continue to be subject to the permitting regulation for the import and export of hydrocarbons and petroleum products that was originally published by the Ministry of Energy on 2014. The suspension prevents a legal gap and prevents different market participants from being subject to different rules, which could result in the detriment of economic competition.
It is important to note that this decision is provisional; it does not repeal the Resolution but only freezes its effects until the final judgement is published.
Please see our December 2020 blog post regarding the content and impact of the Resolution.