Seguros para las actividades de transporte, almacenamiento, distribución y expendio de hidrocarburos y petrolíferos; compresión, descompresión, licuefacción y regasificación de gas natural  

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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.

 

Trump, Mexico expect progress in stalled NAFTA talks

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Investing / Reuters / Anthony Esposito and Adriana Barrera / July 24

 

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.

 

Investing / /Reuters / Anthony Esposito and Adriana Barrera / July 24

 

US launches five dispute actions in WTO challenging China, EU, Canada, Mexico and Turkey

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Merco Press / REUTERS / Yuri Gripas / 17 July

 

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.

 

Merco Press / REUTERS / Yuri Gripas / 17 July

 

Amlo and the realities of Mexico’s oil reform

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Petroleum Economist / Craig Guthrie / July 9

 

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.”

 

Petroleum Economist / Craig Guthrie / July 9

 

 

Trump and Mexico’s New Leader, Both Headstrong, Begin With a ‘Good Conversation’

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The New York Times / Michael D. Shear and Ana Swanson / July 2

 

WASHINGTON — President Trump reached out to Mexico’s new populist president-elect on Monday in an early, but potentially short-lived, show of détente, saying the two leaders engaged in a “good conversation” about border security and the North American Free Trade Agreement.

The two countries remain locked in a heated dispute over the fraught issues of immigration and trade, areas that may face difficult complications from the election of Andrés Manuel López Obrador, a leader known for being as strong-headed and nationalist-minded as Mr. Trump — and just as willing to engage in a public clash of ideas.

Mr. López Obrador, who has said Mexico will not be a “piñata” for foreign governments, has said he will stand up to Mr. Trump to protect his country’s interests. And he may find himself under pressure by an electorate that, weary of Mr. Trump’s hectoring and disparaging comments about Mexico, will demand that he cede no ground, leaving little room to manage the relationship.

“There are going to be so many opportunities for this to go wrong,” said Duncan Wood, the director of the Wilson Center’s Mexico Institute. “If there are too many provocations, if there are too many insults against Mexico, López Obrador will not be able to just sit back and take it. His character shows that he will respond, and that could lead us down a dark path.”

Relations between Mexico and the United States are already tense, particularly over trade and the future of Nafta, which has enabled companies to create critical supply chains across North America. Talks to revise the trade pact among Mexico, the United States and Canada have stalled over dramatic changes proposed by the Trump administration, including altering protections for investors and rules for manufacturing automobiles in North America.

Mr. López Obrador has been a longtime critic of the 1994 trade pact and has given no indiction he will be more willing to accommodate Mr. Trump’s demands than the current Mexican government. Among other things, Mr. López Obrador has blamed Nafta for triggering an influx of grain from the United States that ultimately forced Mexican farmers off their land.

But Mr. López Obrador has pledged to continue to renegotiate Nafta — a promise that could ultimately put him in the position of defending the trade agreement against the frequent criticisms of Mr. Trump, who has called it the “worst” trade deal in history and blamed Mexico for siphoning off American jobs. Mr. López Obrador’s advisers have said they will start working with the current Nafta negotiators soon to ensure a smooth transition when the new administration takes office on Dec. 1.

The president-elect has also taken a far more critical view than his predecessor of corporations — which have among the most to win or lose with a revised Nafta. He has long criticized the role of multinational corporations in Mexico and once promised to turn the presidential palace into a public park. He has promised to review dozens of outstanding oil and gas exploration contracts for corruption, potentially delaying hundreds of billions of dollars in foreign investment. His election has put the value of the peso and Mexican government bonds on a more volatile path.

During the campaign, Mr. López Obrador and his advisers worked to reassure voters and industry that he would provide continuity for the private sector.

Known as an anti-establishment candidate, Mr. López Obrador is a divisive figure with Mr. Trump’s flare for capturing attention. After a failed bid for the presidency in 2006 against Felipe Calderón, Mr. López Obrador held a faux inauguration ceremony for himself, appointed a shadow cabinet and protested in the middle of the capital for weeks.

Mr. Trump and Mr. López Obrador spoke for 30 minutes Monday morning after the latter ’s landslide victory Sunday night. The call came just hours after Mr. Trump congratulated Mr. López Obrador in a rare, friendly tweet that said: “I look very much forward to working with him.”

The incoming Mexican president in turn pledged never to “disrespect” the United States government. In a tweet of his own, Mr. López Obrador said there was “respectful treatment” on the call.

Any period of gracious talk may be short lived, however, with Mr. Trump almost certain to continue his tirade about the 2,000-mile border with Mexico, and Mr. López Obrador virtually guaranteed to fire back in ways that his predecessors did not.

Mr. López Obrador “has committed to a louder, more combative posture with the U.S.,” said Carlos M. Gutiérrez, the former secretary of commerce under President George W. Bush. “He’s getting ready to take it up a notch.”

Mr. Trump campaigned for the presidency by demanding a wall across the southern border and suggesting that people being “sent” from Mexico into the United States are “bringing drugs. They’re bringing crime. They’re rapists.”

More recently, Mr. Trump has escalated his language against Mexico, accusing Democrats in a tweet of wanting “illegal immigrants, no matter how bad they may be, to pour into and infest our Country, like MS-13.”

 

The New York Times / Michael D. Shear and Ana Swanson / July 2

 

Mexico’s incoming leftist President could open US-Mexico energy relations

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The Daily Caller /Jason Hopkins / July 2

 

The election of Andrés Manuel López Obrador as Mexico’s next president has investors around the world on edge, waiting to see how the leftist leader will approach the oil and gas industry.

López Obrador handily won Mexico’s presidential election Sunday, capturing over 53 percent of the vote — more than double the percentage of the second-place finisher. His victory brings a new era of progressive populism to the U.S.’ southern neighbor. A member of the National Regeneration Movement Party, López Obrador touts a far-left pedigree: universal access to public colleges, an expansion of welfare programs, increased investment in industries and other big government proposals.

The president-elect’s calls for energy reform, however, has been the most striking to international observers. López Obrador pledged during the campaign to hold a referendum on reforms the country made several years ago that embraced measured degrees of privatization of the country’s oil sector.

Outgoing President Peña Nieto opened the country’s petroleum industry in 2013 to foreign investment, ending a decades-old monopoly held by Pemex, the country’s state-run petroleum company. The move was intended to revive Mexico’s oil and gas production, which is plagued with rampant inefficiency, debt and outdated equipment.

During the 2018 campaign, López Obrador derided these pro-market reforms. While promising to honor existing oil contracts, he believes the country should prioritize nationalization of the industry once again.

“As a long-time ally of national labor unions and a supporter of a strong [Pemex], [López Obrador] may seek to maximize national investment and employment in the sector, hedging Mexico’s political risk, even at the cost of economic efficiency,” David Goldwyn, chairman of the Atlantic’s Global Energy Center Advisory Group, noted Sunday.

Such reforms could have major implications for Mexico-U.S. energy relations, which hold very deep ties.

The U.S. currently exports a large amount of gas across the border and the Mexican government, in turn, sends heavy crude to American consumers. As crude oil imports to the U.S. has declined over the years, the trade imbalance between the two countries has shifted. U.S. energy exports to Mexico now exceeds its imports, according to the Energy Information Administration. These issues may come up as the Trump administration is set to renegotiate key agreements within the North American Trade Agreement with Mexico and Canada.

López Obrador, for his part, is no fan of Trump. The longtime Mexican politician wrote a book entitled “Oye, Trump” (“Listen, Trump”) that blasts the American leader for his calls to build a border wall and his “attempts to persecute migrant workers.” The book includes a number of speeches López Obrador has given. In one such speech, he compared Trump to Hiter, saying “Trump and his advisers speak of the Mexicans the way Hitler and the Nazis referred to the Jews, just before undertaking the infamous persecution and the abominable extermination.”

 

The Daily Caller /Jason Hopkins / July 2

 

Electronic cyberattacks in Mexico raise alarm bells ahead of Sunday’s election

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Bloomberg / Eric Martin with assistance by Michael Riley from Bloomberg / June 25

While Mexicans will cast their vote July 1 by paper ballot, electronic systems will be used to tally and transmit the results, which the electoral authorities will then release to trusted media outlets. The slightest disruption to the voting process can sow doubt and distrust, said Ron Bushar, vice president of government solutions for cybersecurity services company Mandiant. Tensions are already high in the country given that polls show Mexicans are likely to elect a leftist for the first time in almost five decades. That candidate, Andres Manuel Lopez Obrador, has accused his rivals of fraud and collusion to keep him from winning in the past two presidential elections, while his opponents say that his presidency would be a disaster for Mexico’s economy. Such polarization is fertile ground for cyber criminals. “The outcome of an election almost doesn’t matter” for hackers, Bushar said. It’s about “calling into question the legitimacy (of the process) or creating a lot of tension between the political parties.”

A warning came last December, when former U.S. National Security Adviser H.R. McMaster said that there was evidence of Russian interference in Mexico’s campaign, although he didn’t elaborate on how Russia was seeking to influence the process. Russia was mentioned again this month when candidate Ricardo Anaya’s team said a website it created to publish information questioning ties between Lopez Obrador and a contractor, was shut down by “an attack”. The Anaya campaign said the hack originated in Russia. The campaigns of Lopez Obrador, Anaya and Jose Antonio Meade didn’t immediately respond to requests for comment.

Achilles Heel

“Cybersecurity continues to be a potential Achilles heel of Mexico’s electoral process,” said Arturo Sarukhan, a former Mexican ambassador to the U.S. Part of the concern stems from other hacks in Mexico recently. The state-owned export promotion bank Bancomext suffered an attempted cyber theft of $110 million in January. In April and May, hackers succeeded in infiltrating five financial institutions including Grupo Financiero Banorte SAB and stole at least $15 million from lenders. “I think the election system is really vulnerable, more vulnerable than the banks,” said Israel Reyes, an international consultant in cyber security, who worked this year as a contractor for Mexico’s National Polytechnic Institute as part of a broader plan for election day commissioned by the country’s national electoral institute, known as INE. Reyes said he’s concerned that the institute is unprepared to respond to a cyber attack or systems failure. The project Reyes worked on alongside specialists from Harvard and the MIT was terminated in March by the Polytechnic Institute, which cited inadequate time to complete it.

‘Attack Map’

The most likely attack in Mexico is one that would involve multiple information requests, known as a Distributed Denial of Service attack, which would overwhelm and crash INE’s website. That’s the kind of attack that the Anaya campaign said it suffered during the presidential debate on June 12. INE is working to mitigate risks, said Jorge Torres, INE’s chief of information services, who has worked there for almost two decades. “We have personnel with lots of experience in these issues, and we also have third parties auditing.” On the wall of his office at the institute’s headquarters in Mexico City, Torres has eight screens that constantly monitor INE’s information systems, including a “Digital Attack Map” showing daily cyber attacks around the world. The only part of the electoral system connected to the Internet is INE’s main website, which itself won’t even have a vote count but will provide a list of media outlets that can provide the preliminary tally, Torres said. Other communications systems run on an internal network and are protected, he said. INE has been simulating attacks on its systems to try to detect any vulnerabilities ahead of the vote. The institute also hired Scitum, a company owned by billionaire Carlos Slim, who controls Mexico’s biggest phone company and a majority of its telecommunications infrastructure, to double-check its work. Scitum didn’t return e-mails and phone calls asking about its tests. “There can always be risks, but we look to minimize them as much as possible,” Torres said.

 

NAFTA negotiations: Mixed feelings for US companies on Mexican border

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America CGTN / Steve Mort / June 18

 

The U.S., Canada, and Mexico say talks on the North American Free Trade Agreement (NAFTA) will press ahead despite Washington’s steel and aluminum tariffs. But recent tensions between the U.S. and Canada are casting doubt on whether a deal is possible.

At Allen Russell’s warehouse in the border city of El Paso, materials are processed for shipment to factories in Mexico. His company depends on those shipments being tariff-free under NAFTA, so he rejects President Trump’s claim that the trade deal is the worst ever made.

“It is not the worst trade deal. It has done more for North America than could even have anticipated.”

Russell’s business provides U.S. corporations with manufacturing facilities employing around 8,000 people in Mexico, where labor costs are lower. He fears that without NAFTA, his cost of doing business will rise.

“The American consumer is going to pay the bill,” according to Russell. “The product is just going to be more expensive. It doesn’t mean anybody is going to move from Mexico to the US to produce the product.”

The US-Mexico border region is one of the largest in the world. Its population exceeds 2.5 million, with an economy to match. Mexico is Texas’ largest export market, with cross-border trade worth hundreds of billions annually.

More than 1/5 of that trade crosses the border in El Paso.

Thomas Fullerton, a professor at the University of Texas at El Paso, studies the region’s economy and the potential impact should NAFTA talks fail.

“It will throw a monkey wrench into how things operate rather seamlessly at this point,” he explained. “Existing operations will probably remain in place, but the level of investment and business formation will plummet.”

But not everyone is so sure. Nicole Grado’s company sells packaging. Up to 90 percent of her customers ship internationally. She’s looking for ways to diversify her business and says she’s confident other US companies could thrive without NAFTA.

“There would be changes, but I think it’s like everything: you adjust to those changes and you adapt,” the CEO said. “You figure out ways to continue moving forward.”

While the outcome of the NAFTA talks remains far from certain, business on the border continues. El Paso’s economy is projected to grow two percent in 2018.

But most here hope a long-term deal can be reached soon, to avoid the lingering uncertainty hanging over this region’s economy.

 

America CGTN / Steve Mort / June 18

 

Mexico minister calls for ‘flexibility’ in reworking Nafta

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The Daily Star / Reuters, Tokyo / June 12

 

Mexican Economy Minister Ildefonso Guajardo said on Monday the only way countries re-negotiating the North American Free Trade Agreement (Nafta) will find a solution is through “sufficient flexibility” to narrow differences.

Guajardo said US, Mexican and Canadian negotiators will be “engaging strongly” in July to reach an agreement that is “feasible, workable and benefits the three nations involved.

“The only way we will find that solution is if countries involved have sufficient flexibility to be able to find that narrow strip where we have to land,” he said.

“An agreement that does not give us certainty, does not give us rules that have to be obeyed and mechanisms to settle disputes will not be of help for the business community.”

He said there was a “high chance” there will be an agreement on renegotiating Nafta, but the timing depends on how flexible each country can be.

The United States, Canada and Mexico have been in months of negotiations to rework Nafta, which President Donald Trump says harms his country.

White House economic advisor Larry Kudlow has said Trump will seek to replace Nafta with bilateral deals with Canada and Mexico, something both countries say they oppose.

US trading partners have been furious over Trump’s decision to impose tariffs on steel and aluminum imports from Canada, the European Union and Mexico as part of his “America First” agenda.

Fears of a global trade war come as Trump’s decision to back out of the G7 joint communique torpedoed what appeared to be a fragile consensus on a trade dispute between Washington and its top allies.

 

The Daily Star / Reuters, Tokyo / June 12

 

Risk And Reform: Observing Effective Controls In Mexico’s Rapidly Transforming Energy Sector

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Forbes / Armando Ortega / 11 Junio

 

MEXICO CITY—For decades, the most relevant compliance legislation for international companies operating in Mexico was the US Foreign Corrupt Practices Act. Now, as a result of major national economic and legal reforms enacted during President Peña Nieto’s administration from 2012-2018, Mexico’s compliance environment has undergone a transformation. As foreign investment pours into Mexico’s recently opened oil and gas sector, legal entities are now criminally liable for any offenses or irregularities committed in their name, making the case for a robust compliance strategy that includes due diligence investigations into possible business partners.

A changing landscape: Mexico’s Energy Reform

Mexico enacted a historic reform program in December of 2013 that opened its oil and gas sector to foreign investment following 75 years of government ownership. Mexico’s energy reform plan was part of a broader, cross-sector effort by President Enrique Peña Nieto to boost the Mexican economy. Since its implementation, there have been three bidding rounds—the latest of which closed in March 2018—that have raised a total of $161.3 billion for investments that will take place until 2025. Fourteen percent of total investment is for public-private partnership projects between domestic and international companies and the Mexican state-owned oil company, Petróleos Mexicanos (Pemex). With these investments, Pemex expects to significantly increase Mexico’s current production of 2 million barrels per day to a hypothetical 3.4 million barrels per day.

There is significant international interest in the process, with 34 companies securing bids. The US, with nine companies, and the UK, with four, lead the pack. Royal Dutch Shell, Qatar Petroleum, British Petroleum and Chevron are just a few of the major multinationals that have a stake in Mexico as a result of the energy reform.

Although significant opportunities are opening up in the sector, it is key that international investors understand the complexities involved with the energy reforms, as they are occurring amid a rapidly changing regulatory environment and era of overall reform resulting from the Peña Nieto years, and as part of a broader shift in sentiment among the Latin American public in the fight against corruption.

The National Anticorruption System and the new compliance environment

In what can be best understood as a citizens’ effort, a set of new legislative and constitutional reforms have been introduced in Mexico since May 2014, culminating in the establishment of the National Anticorruption System (SNA) in July 2016. The SNA is defined as a coordinating body between various institutions, including the Superior Audit of the Federation and the Federal Court of Administrative Justice, among others, to create mechanisms of collaboration and coordination to effectively prosecute corrupt practices.

The SNA is still in its early stages; a Specialized Prosecutor’s Office in Combating Corruption has yet to be properly established, and the Mexican Congress has yet to elect the Anticorruption Prosecutor. However, despite the lack of distinct progress, parts of the legal reforms introduced to create the SNA already have far-reaching implications.

 

Forbes / Armando Ortega / 11 Junio