On November 22, 2021, the Official Federation Gazette published the “AGREEMENT instructing the agencies and entities of the Federal Public Administration to execute the indicated actions, in connection with the projects and works of the Government of Mexico considered of public interest and national security, as well as critical and strategic for national development ”issued by the President of the United Mexican States, Andrés Manuel López Obrador (the“ Agreement ”), which became effective on the day of its publication.
By means of such Agreement (i) the execution of projects and works by the Mexican Government associated with infrastructure in various sectors, including communications, telecommunications, customs, borders, hydraulic, hydric, environmental, tourism, health, railways, railroads in all its modalities, energy, ports, airports and those that, due to their purpose, characteristics, nature, complexity and magnitude, are considered critical and / or strategic for national development, shall be deemed of public interest and national security; and (ii)the agencies and entities of the Federal Public Administration are instructed to grant provisional authorizations regarding the filing and / or obtaining of opinions, permits or licenses necessary to initiate the referred projects or works, which must be issued within a maximum term of 5 (five) business days as of the filed request; provided that, once such term has elapsed without an express provisional authorization having been issued, such opinion, permit or license shall be deemed granted. The provisional authorization will be valid for 12 (twelve) months, during which period the definitive authorization must be obtained.
In view of the foregoing, the following consequences arise: Regarding any project of the Government of Mexico within the sectors subject matter of the Agreement, any permit, license or opinion required from a federal authority will be granted provisionally within a 5 (five) business day period from its request, either by explicit or deemed authorization. The foregoing guarantees the issuance of the permit, license or opinion, on a temporary basis, in order to be able to commence with any project or works.
Given that the projects and works of the Government of Mexico will be deemed of public interest and national security, the agencies and entities may consider awarding (i) public-private partnerships, (ii) acquisitions, lease and services, and (iii) public works and related services agreements, without being subject to a public tender or bidding procedure, through an invitation to at least 3 (three) persons or direct award, on the basis of the exception contained in each applicable law.
Regarding acquisitions, leases and services and public works and associated services, the participation of social witnesses may be exempted in cases of confidential information that endangers national security.
The authorizations granted by the agencies and entities will be provisional and, no later than 12 (twelve) months after its issuance, said authorities will definitively resolve such authorizations. Notwithstanding the foregoing, the execution of the projects and works may begin within such term, during which time the corresponding authorities will simultaneously carry out the evaluation of the respective project and / or work. The Agreement does not regulate the effects on the project or works if the definitive opinion id negative or if the permit or license is not definitively granted.
Regarding transparency and information access, all information in possession of any authority regarding such projects and works may be temporarily reserved for reasons of public interest and national security.
Should you require further information regarding the above, please contact your usual contacts at Nader, Hayaux and Goebel.
Public interest and national security in projects and works of the Government of MexicoOn November 22, 2021, the “AGREEMENT that instructs the agencies and entities of the Federal Public Administration to carry out the actions that are indicated, in relation to the projects and works of the Government of Mexico considered of public interest and national security, as well as priority and strategic for national development ”issued by the President of the United Mexican States, Andrés Manuel López Obrador (the “ Agreement ”), which entered into force on the day of its publication.
Through said Agreement (i) it is established that the carrying out of projects and works by the Government of Mexico, associated with infrastructure in various sectors, including communications, telecommunications, customs, border, hydraulic, water, medium, will be in the public interest and national security. environment, tourism, health, railways, railways in all its forms, energy, ports, airports and those that, due to their purpose, characteristics, nature, complexity and magnitude, are considered priority and / or strategic for national development; and (ii)The agencies and entities of the Federal Public Administration are instructed to grant provisional authorizations regarding the presentation and / or obtaining of opinions, permits or licenses necessary to start the referred projects or works, which must be issued within a maximum period of 5 ( five) business days from the submission of the corresponding application, with the understanding that, after said period has elapsed without an express provisional authorization having been issued, it will be understood to have been issued in a positive sense. Said provisional authorization will be valid for 12 (twelve) months, a period in which the corresponding definitive authorization must be obtained.
By virtue of the foregoing, the following consequences arise: In the case of any project of the Government of Mexico within the sectors subject to the Agreement, any permit, license or opinion that is required from the federal authority will be granted provisionally within a period of 5 (five) business days following your request, either through express authorization or notional affirmative . The foregoing guarantees the issuance of the permit, license or opinion, temporarily, to be able to start with the project or work.
Given that the projects and works of the Government of Mexico will be considered of public interest and national security, the agencies and entities may consider awarding contracts of (i) public-private association, (ii) acquisitions, leases and services, and (iii) public works or services related to them, without being subject to a public tender or tender procedure, through an invitation to at least 3 (three) people or direct award, applying the corresponding exception of each applicable law.
In the matter of contracting acquisitions, leases and services and public works and services associated with them, the participation of social witnesses may be exempted in cases of confidential information that endangers national security.
The authorizations granted by the agencies and entities will be provisional and, no later than 12 (twelve) months after their issuance, said authorities will decide on the definitive authorizations. Notwithstanding the foregoing, the execution of the projects and works may begin within said period, in which in parallel the corresponding authorities will carry out the evaluation of the respective project and / or work. The Agreement ignores the effects in the event that the final result of an opinion is negative or that the permit or license is not definitively granted.
Regarding transparency and access to information, all information in the possession of any authority regarding said projects and works may be temporarily reserved for reasons of public interest and national security.
Should you require more information in relation to the above, please contact your usual contacts at Nader, Hayaux and Goebel.
