Diariamente estamos expuestos a sufrir daños y perjuicios por diversas causas, pero también estamos propensos a ocasionarlos a un tercero. La responsabilidad que surge a partir de causar daño a alguien más se denomina responsabilidad civil.
Uno de los principios fundamentales de la responsabilidad civil es que aquél que cause un daño a otro, debe repararlo, con la intención de regresar las cosas al estado que guardaban antes de que aconteciera el daño y, si ello no fuera posible a compensarlo.
La reparación y/o la compensación de los daños y perjuicios implican, por lo general, el pago de sumas económicas, que de no contar con ellas, el responsable puede ser sujeto de demandas legales.
La responsabilidad civil puede ser contractual y extracontractual. La primera es aquella que deriva del incumplimiento de un vínculo jurídico obligatorio (contrato) y la segunda, es cuando tal vínculo no existe, es decir, se trata del daño que se puede causar a cualquiera, aun sin conocerlo, simplemente por la acción u omisión que derivan en una lesión a un tercero.
La responsabilidad civil también puede ser subjetiva y objetiva. La responsabilidad civil subjetiva es aquella causada por la realización de una conducta ilícita. Por ejemplo, atropellar a alguien por conducir a exceso de velocidad, lo que quiere decir que el daño se produjo por infringir una norma. La responsabilidad civil objetiva es aquella que se presenta por la realización de un daño que no necesariamente deriva de un hecho ilícito, sino que se produjo porque la acción que lo causó es, por sí misma, riesgosa o peligrosa. Por ejemplo, manejar explosivos o productos inflamables.
De cualquier forma que se produzca la responsabilidad, es un deber legal reparar los daños ocasionados.
Para estar en posibilidades de reparar los daños y perjuicios causados a terceros y a sus bienes es importante contar con un seguro de responsabilidad civil, el cual es el instrumento financiero que permitirá que el responsable cumpla con sus obligaciones, sin tener que afectar su patrimonio.
Los accidentes pueden suceder en cualquier momento y a cualquier persona; por ello, todos estamos expuestos a incurrir en responsabilidad civil.
El seguro de responsabilidad civil es un seguro para todos.
En NRGI Broker somos especialistas en seguros de responsabilidad civil. Acércate a nosotros, con gusto te atenderemos.
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MADRID (Reuters) – Mexican tycoon Carlos Slim said on Tuesday that the best wall between Mexico and the United States was investment and job opportunities, referring to the U.S. President Donald Trump’s promise to build a border fence between the two countries.
“The best wall is investment and creating opportunities in Mexico,” Slim said during an strategy conference for the Spanish builder FCC (MC:FCC), of which he is the main shareholder, in Madrid.
Slim also noted that the United States and Central American countries need to make deals on investment and not just for trade.
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Mexico’s incoming president has begun fleshing out his rescue plan for the country’s long-neglected oil sector.
Andrés Manuel López Obrador’s proposals include a $4bn capital injection for state oil company Pemex to boost exploration, a new refinery to slash reliance on US fuel imports and a 600,000 barrel-a-day increase in crude production in two years.
But analysts warn that his nationally focused energy policy risks putting unsustainable pressure on the world’s most indebted oil company. In particular, they point to plans for a 160bn peso ($8.6bn) refinery to be built in his home state of Tabasco over the next three years — an investment equal to the size of Pemex’s loss in the second quarter.
Mr López Obrador has not spelt out how he would fund his proposals but has named Octavio Romero Oropeza, a long-time confidante and agronomist from Tabasco, to take the helm of Pemex. “We are estimating overall investment to rescue the sector of 175bn pesos next year,” said the president-elect, who takes office on December 1.
The cash injection comes as Pemex has seen output fall from a peak of 3.4m barrels a day in 2004 to 1.866m in the second quarter this year.
Mr López Obrador said output was plunging because “the energy sector and oil industry were abandoned”, and has pledged to lift production to 2.5m b/d in two years.
He has yet to make clear whether he intends to continue with oil tenders that have seen more than 100 contracts awarded to 73 companies since 2015 under a landmark reform designed to lift Mexico’s oil output from a four-decade low. The new administration wants at least a temporary pause to oil tenders.
“Four billion dollars is a significant amount, there’s no doubt. But it is important to put it in perspective . . . One single tender round can inject more investment,” said Pablo Zárate at think-tank Pulso Energético.
Mr López Obrador has promised to achieve energy self-sufficiency by spending 49bn pesos upgrading Pemex’s six lossmaking refineries, where output has halved since May 2013, and building two new ones to halt dependence on US gasoline imports, which have increased by a third in the past two years.
But investors are alarmed at the potential for snowballing costs. The price tag for the first new refinery, to be built in Dos Bocas, has already risen from the $6bn Mr López Obrador’s team had previously indicated. “I don’t know of a single refinery that’s ever been done to budget,” said an investor at a large fund who follows Pemex closely.
Pemex, a monopoly for eight decades, has spent the past two years putting its finances in order and making huge outlays on new refineries could be a serious risk, say analysts.
“Pemex today does not have the cash or free cash flow to take on the construction of new refineries, and if the company decided to finance such an investment with debt or shift capital from exploration and production to refining, its credit metrics would weaken,” cautioned Moody’s Investors Service.
Ramping up refinery capacity could lead to Pemex halving the value of lucrative oil exports, it added.
But Mr López Obrador has said his government would keep its promise of halting gasoline imports in three years and would lower fuel prices.
Pemex has net debt of about $106bn and is expected to post earnings before interest, tax, depreciation and amortisation of approximately $25bn this year. With the state taking about 70 per cent of profits in tax, Pemex could bump up its debt to pay for refineries — but it already has hefty debt repayments due in 2019 and 2020.
Mr López Obrador’s team has indicated that it wants to halt oil tenders while it reviews contracts awarded to date and decides on whether and how fast to continue auctions.
Indeed, the government has delayed two upcoming tenders, which include joint ventures with Pemex, until next February.
Adrián Lajous, a former Pemex chief executive, has called for a moratorium on oil auctions until 2020 but said joint ventures with Pemex should resume next year.
Even if oil tenders are put on ice, analysts are urging the new administration to allow Pemex to continue forging joint ventures.
“Partnerships will be needed to grow output — international companies bring capital and technical expertise,” said Ruaraidh Montgomery at Wood Mackenzie.
Above all “Pemex should start partnering with companies that specialise in enhanced oil recovery, given the maturity of its portfolio”, to allow it to squeeze more oil from existing fields, said Pablo Medina at Welligence Energy Analytics.
One radical revamp for Pemex could be to follow the “China model”, said Juan Carlos Zepeda, head of Mexico’s oil regulator, keeping the parent company in state hands, but spinning some assets into a partially listed unit, as China National Petroleum Corp has done.
“I would like us to do the same with Pemex but that would require changing the constitution,” he said.
This article has been amended to correct the amount of oil Pemex plans to increase production by in the next two years.
Las empresas que realicen actividades de Transporte, Almacenamiento, Distribución y Expendio de Hidrocarburos y Petrolíferos, así como Compresión, Descompresión, Licuefacción y Regasificación de Gas Natural deben contar con seguros, de acuerdo a las Disposiciones Administrativas de Carácter General en materia de Seguros para dichas actividades, publicadas en el Diario Oficial de la Federación el 23 de julio de 2018 (DAGCS-TADE).
Con ello, la Agencia de Seguridad Industrial y Protección del Medio Ambiente del Sector Hidrocarburos (ASEA) cumple con la atribución que le fue otorgada en el artículo 6, fracción I, inciso c), de su Ley, en donde se establece “el requerimiento de garantías o cualquier otro instrumento financiero para que los Regulados cuenten con coberturas financieras contingentes frente a los daños o perjuicios que pudieran generar” en toda la cadena de valor de los hidrocarburos.
Requerir garantías financieras obedece al hecho de que el sector de los hidrocarburos es particularmente susceptible a experimentar accidentes, ya que el petróleo y el gas natural son considerados sustancias peligrosas, por su potencial para generar incendios, explosiones o contaminación por derrames.
Si bien es cierto que las empresas son cada vez más conscientes de la importancia de implementar programas de administración de riesgos, que les permitan identificar, analizar, controlar, transferir y monitorear los riesgos a los que están expuestas, hay eventos difíciles de predecir o que no pueden ser controlados, como son los desastres naturales o la negligencia y/o impericia de empleados o de terceros.
Es precisamente para esos riesgos que superan las medidas preventivas que el seguro se vuelve el instrumento financiero por excelencia para evitar pérdidas mayores que aquellas derivadas del siniestro, como pueden ser: afectación patrimonial; incumplimiento ante clientes y proveedores; paralización de las actividades y la quiebra.
Actualmente los seguros son reconocidos como una de las mejores prácticas internacionales en materia de seguridad industrial y protección ambiental en el sector hidrocarburos, para reparar los daños y absorber las pérdidas económicas que se puedan derivar de un siniestro.
La publicación de la regulación en materia de seguros de responsabilidad civil y responsabilidad ambiental para las actividades de Transporte, Almacenamiento, Distribución y Expendio de hidrocarburos y petrolíferos, así como Compresión, Descompresión, Licuefacción y Regasificación de Gas Natural establece montos mínimos de seguros para ciertas actividades como el transporte por auto-tanque, buque-tanque y carro-tanque. Para otras actividades cuyas características hacen difícil establecer un estándar, se solicita elaborar un estudio de pérdida máxima probable para determinar la suma asegurada.
Los seguros deberán registrarse ante la ASEA como requisito previo para obtener el permiso correspondiente de la Comisión Reguladora de Energía (CRE).
En NRGI Broker somos expertos en administración de riesgos y seguros y fuimos el consultor de la ASEA para la regulación en materia de seguros de responsabilidad civil y responsabilidad ambiental para Transporte, Almacenamiento, Distribución y Expendio de hidrocarburos y petrolíferos; Compresión, Descompresión, Licuefacción y Regasificación de Gas Natural, por lo que somos la mejor opción para asesorarte.
Acércate a nosotros, con gusto te atenderemos.
[1] Conocido como PML (Probable Maximum Loss), por sus siglas en inglés.
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PUERTO VALLARTA, Mexico (Reuters) – U.S. President Donald Trump spoke warmly of Mexico’s incoming leftist president on Monday, saying he expected to get “something worked out” on NAFTA, while a top Mexican official said there was scope to revive the trade talks this week.
“We’re talking to Mexico on NAFTA, and I think we’re going to have something worked out. The new president, terrific person,” Trump said in a speech at the White House about American manufacturing.
“We’re talking to them about doing something very dramatic, very positive for both countries, he said, without giving more details.
Talks to reshape the 1994 trade accord have been underway since last August. But they stalled in the run-up to the July 1 presidential election in Mexico, which produced a landslide victory for veteran leftist Andres Manuel Lopez Obrador.
The United States, Mexico and Canada have been at odds over U.S. demands to impose tougher content rules for the auto industry, as well as several other proposals, including one that would kill NAFTA after five years if it is not renegotiated.
Mexican Economy Minister Ildefonso Guajardo, who last week expressed hope an agreement in principle on NAFTA could be reached by the end of August, is due to hold talks with U.S. Trade Representative Robert Lighthizer at the end of the week in Washington.
He will be accompanied by Jesus Seade, the designated chief NAFTA negotiator of the incoming Mexican administration.
“There’s clearly a window of opportunity to be able to bed down a series of open issues which are not numerous, but are very complex,” Guajardo said on the sidelines of a summit of the Pacific Alliance trade bloc in the western coastal city of Puerto Vallarta.
Guajardo is due to meet his Canadian counterpart Chrystia Freeland on Wednesday, also to discuss NAFTA.
After the election, top officials from both the outgoing and new Mexican governments met in Mexico City with senior Trump administration officials led by Secretary of State Mike Pompeo.
Seade said the visit had sent out “excellent” signals.
“We hope these signals translate into a willingness to move forward,” Seade told reporters in Puerto Vallarta.
The talks have been clouded by tit-for-tat measures over trade after the Trump administration slapped tariffs on U.S. steel and aluminum imports.
The United States is also exploring the possibility of imposing tariffs on auto imports, though Guajardo said it was too early to speculate on how that would play out.
Mexico’s foreign ministry said on Monday that South Korea had initiated the process of seeking associate membership in the Pacific Alliance, which comprises Colombia, Chile, Mexico and Peru and is seeking to deepen free trade.
Singapore, Australia, New Zealand and Canada were last year admitted as associate members by the alliance. For Mexico, the expansion is part of a push to diversify its trading partners in the wake of Trump’s previous threats to pull out of NAFTA.
Guajardo indicated that despite his optimism about reaching a deal, risks still exist.
“The biggest risk is that instead of moving forward with an agenda of opening and integration, we move backwards, closing our economy and really undoing what we’ve built in the last two and a half decades,” Guajardo said.
EL PASO, Texas — Phillips 66 is opening its first retail sites in Mexico.
The Houston-based refiner, which owns the Phillips 66, 76 and Conoco brands, has a licensing agreement with fuel distributor Windstar LPG to open and operate branded sites in eight northern Mexican states, according to Arizona Public Media (AZPM). The first locations—three 76 branded sites—opened in Hermosillo, Sonora, on July 12. Another site was opening soon after in Chihuahua.
Reynold Gonzalez, CFO for El Paso, Texas-based Windstar, told AZPM that the company has “aggressive plans” for expanding in Mexico, with 25 to 30 branded locations slated for Sonora by the end of 2018.
Phillips 66 follows other U.S. and international refiners in entering the newly deregulated fuel market in Mexico, including ExxonMobil, Shell, Andeavor and BP.
Some industry observers have questioned whether Mexico’s new president-elect, Andres Manuel Lopez Obrador, might reverse the energy reforms launched in 2013 by his predecessor, Enrique Pena Nieto, which included opening up the fuel market to foreign companies. Lopez Obrador said he would review the reforms if he discovered corruption in how contracts were awarded, Reuters reported; however, he has not announced any plans for rollbacks since winning the election in July.
Gonzalez of Windstar told AZPM that his company would not be opening locations in Mexico if it was concerned about a rollback, and that he believes U.S. competitors could help improve the quality of gasoline for fuel customers in Mexico.
“We are an example of a positive result of the energy reform act,” he said.
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A California energy company is moving ahead with a $150 million fuels terminal in the Mexican state of Sinaloa.
Sempra Energy of San Diego is building the fuels terminal in Topolobampo, Mexico through its Mexican subsidiary Infraestructura Energética Nova, S.A.B. de C.V. or IEnova after the company secured a 20 year contract with the Topolobampo Port Administration.
The first phase of the project will have a storage capacity of 1 million barrels for fuels including gasoline and diesel. Sempra Energy expects operations to start in the fourth quarter of 2020.
In April Sempra Energy announced that IEnova would build a $130 million, 1 million barrel fuels terminal at Ensenada, a city in the Mexican state of Baja California.
San Antonio refiner Valero Energy Corp., the largest independent refiner in the U.S., signed a deal in August with IEnova to export refined product into Mexico. The gasoline, diesel and jet fuel would ship to new $155 million storage terminals IEnova will build in the Gulf of Mexico port city of Veracruz. Other storage terminals will be constructed in Puebla, southeast of Mexico City, and in Mexico city itself, to the tune of $120 million.
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Company bio: NRGI Broker specializes in insurance and surety bonds for the Mexican energy sector. It develops custom-made solutions for companies operating in the energy sector, including vessel, construction and engineering and catastrophic risks.
Q: How has NRGI Broker created market opportunities to expand the reach of its services?
A: I am proud to say that we have played a great role in the implementation of the Energy Reform. We have been standing with our country since the beginning, we trusted the reform and now we have mastered how it works. We are a Mexican broker that has a broad services portfolio and we have consolidated as the best one in the market We have also established “Voces de Energía”, a forum where experts discuss the reform’s environmental, social and fiscal regulations.
Q: How will NRGI Broker benefit its potential clients and partners going forward?
A: In the long term, we see the company as a consolidated reference in the fields of insurance and sureties for the oil and gas industry. We are savvy about the needs of the companies along the entire value chain in hydrocarbons and we are an established adviser for risk management and on financial regulations. We started strong in offshore, ever since activity began in that area, and now we are talking about moving into onshore. The trend is to set new partnerships for storage, pipelines, clean energies and alike. We are investing in putting our brand’s name out there and showcasing that we offer a full range of services few other companies offer.
Q: What are the Top 3 successes of the Energy Reform?
A: I have a vivid memory of observing the Energy Reform’s application when I was acting as an adviser for ASEA in 2014, which gave me the chance to understand how the reform was set in motion. The first success was the implementation itself, which was accomplished according to the same spectrum of norms, rules and opportunities. The second success was the establishment of strong and transparent organisms to guide the implementation that facilitated the cohabitation of all different players in a single environment, which has grown to represent 18 operators. The third is the 72 percent rate of successful allocation of everything that has been tendered in the licensing rounds, demonstrating the genuine interest that local and foreign companies have in Mexico.
Q: How have local and foreign companies adapted to the new regulations and what have been the major hurdles in this process?
A: Everything comes down to an understanding that we need a unified regulatory framework and this cannot be implemented without looking at international standards. The reform’s planning was based on the experiences of seven countries that underwent similar processes, so it is molded to global requirements. Those international players that recently entered the market are used to these types of regulations since they apply to other territories, while many Mexican companies have previously worked with foreign partners that use those standards. For most local companies, application was not an issue. On the contrary, companies operating in the hydrocarbons sector now have the certainty of working in an environment protected by a well-established regulatory framework.
Q: How has NRGI Broker contributed to changing the local mindset and raising awareness about the need for insurance?
A: We advised ASEA when it conducted a three-year study on the best practices and experiences of Australia, Brazil, Canada, Colombia, Norway, the UK and the US that could be applied to the Mexican case. We worked with it every step of the way to establish these rules, from offshore platforms to setting up gas stations, and we developed the administrative dispositions for insurance in the upstream, midstream and downstream sectors. Insurance is required if this industry is to function properly and this mandatory status made things easier for us in terms of application. We are certain about the need to transform the attitude toward insurance and to combine that with our experience, specialization and innovation to offer personalized solutions to our clients.
Q: How will PEMEX’s migration projects make the company more competitive and productive?
A: This is a great strategy for PEMEX to establish investment partnerships that are specialists in how fields work, the reserves included in those fields and the different options to exploit them. This is a long-term investment business that opens the door to new opportunities to turn PEMEX into a more competitive entity. It is a win-win situation. It is important to note that PEMEX gets to keep the land ownership for these migrations; they only allow investment from third parties. One of the company’s future strengths lies in its capitalization and the establishment of partnerships with technology-driven companies. By binding all the parties involved in these type of projects, the companies are forced to bring their A game and deliver on their promises because they would harm themselves if they fell short due to the interdependence ingrained in this framework.
Q: What direction would you like the next administration to follow related to the industry?
A: I hope the next administration understands the implication of keeping the Energy Reform afloat. The reform was meant to contribute to the country and it has been set in motion successfully. The next president should push for new partnerships to continue deepening the reform’s outreach. What is important to understand is that reversing this process would be harmful to the country and it would hurt many companies that have supported and invested in its application.
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The United States launched five separate World Trade Organization dispute actions on Monday challenging retaliatory tariffs imposed by China, the European Union, Canada, Mexico and Turkey following U.S. duties on steel and aluminum. The retaliatory tariffs on up to a combined US$28.5 billion worth of U.S. exports are illegal under WTO rules, U.S. Trade Representative Robert Lighthizer said in a statement.
“These tariffs appear to breach each WTO member’s commitments under the WTO Agreement,” he said. “The United States will take all necessary actions to protect our interests, and we urge our trading partners to work constructively with us on the problems created by massive and persistent excess capacity in the steel and aluminum sectors.”
Lighthizer’s office has maintained that the tariffs the United States has imposed on imports of steel and aluminum are acceptable under WTO rules because they were imposed on the grounds of a national security exception.
Mexico said it would defend its retaliatory measures, saying the imposition of U.S. tariffs was “unjustified.”
“The purchases the United States makes of steel and aluminum from Mexico do not represent a threat to the national security,” Mexico’s Economy Ministry said in a statement.
“On the contrary, the solid trade relationship between Mexico and the U.S. has created an integrated regional market where steel and aluminum products contribute to the competitiveness of the region in various strategic sectors, such as automotive, aerospace, electrical and electronic,” the ministry added.
Lighthizer said last month that retaliation had no legal basis because the EU and other trading partners were making false assertions that the U.S. steel and aluminum tariffs are illegal “safeguard” actions intended to protect U.S. producers.
The Mexican president-elect needs a strong oil and gas sector to fund a promised social transformation
The investor-friendly tone Mexican president-elect Andres Manuel Lopez Obrador, widely known as Amlo, struck in the run-up to his landslide victory on 1 July is fueling confidence he will tweak rather than dismantle the energy reforms that are enticing international oil companies to the country.
Prospects of an Amlo presidency had stirred concerns among investors for months ahead of the vote—he’s the first leftist Mexican president since the 1930s, and has forged an anti-elitist platform calling for a reordering of the political landscape. And yet the peso gained more than 2% against the US dollar in the hours after the result.
“This can be a presidency ruled by reason and legality,” Ixchel Castro, manager of Latin American oils and refining markets research with Wood Mackenzie, tells Petroleum Economist, while pointing to the currency market’s reaction and the links he’s built with Mexican business elites. “There may be change in the emphasis of the energy reforms, but we see a reversal as highly unlikely”.
Launched by outgoing President Enrique Peña Nieto in 2013, the reforms ended Pemex’s 75-year monopoly over the energy sector. So far, auctions in January and March jointly lured at least $100bn in oil exploration investment commitments from more than 70 different firms—useful revenue for a president who has promised sweeping social changes to tackle crime, corruption and poverty.
Amlo made opposition to the reforms a bedrock of his failed 2013 presidential bid, and told a rally just four months ago that he would never allow Mexican crude to return to the hands of foreigners. But a reversal in tack since has seen his top business adviser and nominee for chief of staff, Alfonso Romo, lead a pro-business public relations drive towards international investors.
Romo told Reuters on 25 June that there could be more auctions of oil drilling rights, as long as a review of contracts that have already been awarded to private companies showed no problems. “We will revise them and everything good will remain,” he said, noting that Amlo had said this directly to investors in New York.
But it’s not expected to be all smooth sailing for foreign oil investment under Amlo’s watch. Uncertainty over the long-term goals of his populist agenda will likely continue to unnerve companies looking to establish a steady pipeline of projects.
“Amlo will likely enjoy the benefits from the existing contracts that have been awarded, especially in terms of oil barrels produced, fiscal revenue received and jobs created. By the third year of his administration he can claim that Mexico is producing more oil under his presidency,” Duncan Wood, director of the Mexico Institute at the Woodrow Wilson International Centre wrote in an e-mail.
“But he will be reluctant to continue the bidding rounds. The one possible exception that I see would be in deep waters and in farm-outs from Pemex.”
Mexico plans to auction 37 onshore areas and nine in the shale gas-rich Burgos Basin on 27 September, as well as the farm-out of seven onshore areas with Pemex on 31 October.
Amlo’s approach to a planned re-shaping of Pemex is seen as the next critical indicator of his eventual intentions on the country’s energy direction.
While the president has pledged to resurrect Pemex into a strong national oil company through cost-cutting, this comes amid a significant decline in domestic energy production—from 3.4m barrels of oil a day in 2004 to 1.9m b/d in 2018.
“Pemex must be forced to compete in order to become stronger,” said Wood. “If the reform process is stopped, Pemex would gain from a strengthening of its position in the short-term. But in the long term its competitiveness and productivity could be severely damaged.”
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