Mexico City, December 9th, 2020.
On December 7th, 2020, an Executive Decision was published in the Federal Official Gazette, amending the Organic Law of the Federal Public Administration, the Law on Maritime Navigation and Commerce, and the Law on Ports (hereinafter the «Decision»).
Pursuant to this Decision, the Ministry of Navy (hereinafter “SEMAR”) is granted authority to control, administrate and surveil maritime terminals that were previously considered of the Ministry of Communications and Transportation (hereinafter, «SCT»).
Among these, the following duties are the most notorious:
- To become the highest National Maritime Authority in Mexican marine areas, coasts, ports, port enclosures, marine terminals, national port facilities, and national waters where activities of its competence are carried out.
- To rule, promote and organize the merchant navy.
- To establish the requirements for the technical personnel of the merchant navy and to grant licenses and authorizations.
- To execute and grant contracts, concessions and permits for the establishment and operation of services related to communications and water transportation.
- To direct the centralized ports, and coordinate those of the parastatal administration.
- To grant concession titles and permits for the occupation of federal areas within the port enclosures.
- To grant permits, authorizations and carry out inspections regarding navigation and services provided in general waterways.
- To organize, rule and, provide maritime traffic control services.
According to the First Transitory Article of the Decision, the described amendments will enter into force on June 6th, 2021 (that is, 180 calendar days after the publication of the Decision). Therefore, the assignment of the required human and economic resources from the SCT to the SEMAR shall be completed by this date.
Our lawyers of the infrastructure and administrative law practices are at your service, looking forward to providing advice pursuant to this amendment.
S I N C E R E L Y,
Juan Carlos Serra
Jorge E. Escobedo