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Mexico: General guidelines for the operation of CNH’s Electronic Single Window

By and 2 Mins Read

In brief

On 1 August 2023, the National Hydrocarbons Commission (CNH) published in the Federal Official Gazette Accord CNH.04.07/2023 that contains General Guidelines for the Operation of the Electronic Single Window (the “General Guidelines“). The purpose of these General Guidelines is to establish the mechanisms through which a person authorized by CNH may file digital briefs, and the CNH may carry administrative procedures through the Electronic Single Window (ESW).

Key points

The ESW is a digital tool that CNH has made available to individuals to exchange information. Through this website, authorized individuals may submit digital briefs before CNH, and CNH in turn may undertake administrative procedures (i.e., notifications, requirements, requests for information, as well as any other communication established in any Contract executed with CNH).

The General Guidelines became effective on 2 August 2023. The requirements contained therein must be complied, in order to (i) request registration as an authorized or accredited individual in the ESW, and (ii) submit or follow up on digital communications with CNH. 

The General Guidelines also establish, among other things, that digital filings made by authorized persons will produce the same effects that the laws grant to documents signed by hand and, consequently, will have the same probative value that applicable legal provisions grant to such documents.

Using the ESW is optional. An authorized individual will not be restricted to file documents in person before CNH.
Please note that the individuals that are currently registered in the ESW must ratify their registration within 20 business days following the effective date of the General Rules.    

Recommended actions

We suggest reviewing (i) the requests for registration of individuals before the ESW, under this new regulatory approach; (ii) the valid registrations for credited individuals in the ESW under the requirement of ratification of the registration.

Our firm is at your disposal for any doubt or service regarding this matter.    

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Author

Benjamín Torres is the leader for Baker McKenzie's Energy, Mining & Infrastructure (EMI) and Projects Practice Group in Latin America and Mexico.
He is recognized as "Highly Regarded Lawyer" by IFLR, and is also listed as a recommended lawyer by Who's Who Legal for oil, gas, and project finance in Mexico. He is recognized as one of the country's leading lawyers in the energy and natural resources area (Band 1) by Chambers and LEGAL 500. Benjamin has been named "Lawyer of the Year" for Energy and Natural Resources by The Legal 500 at the 2023 Mexico Awards. This award recognizes the leading legal players from private practice and in-house who have contributed to the Mexican and global market. For several years, he has been acknowledged by the magazine Petróleo & Energía as one of the top 100 leaders in Mexico's energy industry and he currently serves in its Editorial Board. Additionally, in 2021, Benjamin was awarded the recognition of "Stand Lawyer" during the Stellar Performance Stand Out Talent Survey of Acritas and Chambers Latin America.
Benjamin is Board member of Association of International Energy Negotiators (formerly AIPN) and served as President of the Energy Committee in AmCham Mexico during 2018 through 2021. In addition, he has lectured for the Energy and Sustainability Law Master's Degree at Universidad Autónoma de Nuevo León and taught Energy Law classes at Universidad Autónoma de Ciudad Juarez and Business Law at ITESM Campus Ciudad Juarez. He has served at the Energy Editorial Boards of Reforma and Norte newspapers.

Author

Carlos Maass-Porras is an associate in the Real Estate & Infrastructure Industry Group of Baker McKenzie’s Juarez office. He joined the Firm in 2007. His pro bono work includes legal assistance in real estate transactions to non-profit associations such as Fundación del Empresariado Chihuahuense and Patronato Amigos del Museo Hacia una Nueva Imagen.

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