November 5, 2026
On October 27, 2026, the National Energy Commission (Comisión Nacional de Energía, “CNE”) published in the Federal Official Gazette (Official Journal of the Federation, the “DOF”) an Administrative Order initiating administrative proceedings to determine whether 132 hydrocarbon, petroleum product and petrochemical commercialization permits are subject to lapse (the “Order”), due to the alleged failure to exercise the rights granted under such permits.
The key provisions of the Order are summarized below:
I. Permits Subject to Lapse Proceedings.
- The CNE initiated administrative proceedings concerning 132 permits for the commercialization of natural gas, liquefied petroleum gas, other petroleum products and petrochemicals.
- From September 1, 2025, to August 31, 2026, the CNE identified indications of lack of purchase and sale transactions, as the relevant permit files contained no documents, notices or records evidencing such activities.
- Under the Hydrocarbons Sector Law (Ley del Sector Hidrocarburos, the “LSH”), permits are subject to lapse when their holders fail to exercise the rights granted thereunder for 365 consecutive calendar days, unless the relevant permit establishes a specific period.
- The Order does not declare the lapse of the permits but initiates administrative proceedings to determine whether the grounds for lapse are met, after affording permit holders an opportunity to be heard.
II. Administrative Proceedings and Deadlines.
- Permit holders have 15 business days to submit written statements and evidence, calculated from the business day following publication of the Order in the DOF and notification of the commencement of proceedings through the CNE’s Electronic Filing Office (Oficialía de Partes Electrónica, the “OPE").
- Following such period, permit holders have 5 business days to submit final arguments.
- Written statements, evidence and final arguments may be submitted to the CNE in person or through its OPE.
- Failure to appear within applicable deadlines will result in preclusion of right to make submissions, and CNE will decide based on the administrative record.
- Upon completion of each proceeding, CNE will issue a duly reasoned decision, supported by applicable legal provisions, determining whether the grounds for lapse are met, and notify relevant permit holder.
III. Implications for Permit Holders.
- Permit holders may submit written statements and evidence demonstrating exercise of rights granted under their permits during the relevant period.
- CNE must assess administrative record and evidence submitted to determine whether the grounds for lapse are met.
- Under the LSH, lapse results in the termination of the permit, without releasing its holder from liabilities incurred during the permit’s term.
The attorneys in our firm’s Energy and Infrastructure practice remain available to address any questions or comments regarding this matter.
Juan Carlos Serra
Pamela Salas García
Iván Sánchez López
Sophia Lozano Chernitski
Paola Arcos Seoane