Mexico City, March 14th, 2022.
In recent days, an initiative was submitted before the Chamber of Deputies to amend, repeal and addition several provisions of the Ports Law. In essence, this initiative seeks to hand over the administration of the national ports to the Ministry of Navy, limiting the participation of private entities in Mexican ports.
In general terms, this initiative aims to:
- Eliminate the granting of concessions to the integrated port administrations.
- Those interested in providing port services, occupy areas, build and operate port terminals, will have to enter into a service provision agreement.
- The Ministry of Communications and Transportation may enter into agreements with third parties for the use of the property in which the port is located.
- The possibility for assignees and/or service providers to set up liens in favor of third parties during the term of the concession, is eliminated.
- The joint and several liability of terminal and facility operators together with the integrated port administrator before the Federal Government, is eliminated.
- Pursuant the second transitory article of the initiative, the port concessions granted will be in force until they complete the term of their validity before the publication of the initiative in the Federal Official Gazette.
The initiative will be sent to the committees of the Chamber of Deputies for an opinion and once approved, it will be discussed in a plenary session. If a simple majority is achieved, the initiative will be sent to the Senate for its discussion.
The lawyers of infrastructure and administrative area at firm are available for any questions or comments on the above.
S I N C E R E L Y,
Juan Carlos Serra