According to the Official Communication published in the Federal Official Gazette on December 20, 2013, the Executive Branch published the amendment to several constitutional provisions, such as articles 25, 27 and 28, in several paragraphs and sections, and within the theoretical constitutional scope of the Economic Rectory of the State, in order to ratify that the public branch continues to exclusively hold the strategic areas referred to in article 28, being the Federal Government the owner and controller of the “organisms and productive companies of the State”, such as Petróleos Mexicanos (PEMEX) and the Comisión Federal de Electricidad (CFE) and “any other established in any event”.
Such constitutional “structural” amendment has and causes the following juridical effects:
1. That the Mexican State, that is the Federal Government shall motivate public and private companies, in order for them to directly participate in such activities, which used to be exclusive and strategic for the economical development of the country;
2. That the regulating laws of the amended constitutional text have as main and certain purpose to “…encourage and protect the economic activity of the individuals” establishing “…the required conditions in order for the development of the private sector aids the national economic development”;
3. That the main purpose of the aforementioned structural amendment, is to promote the competitiveness as well as to apply a national policy for the sustainable industrial development, including all the regional sectors, whether by area or sector.
4. The most important effect is that, notwithstanding the State continues to hold direct domain on the exploitation, use and enjoyment of such natural resources, now the particular sector shall be able to perform such activities through the granting of concessions issued by the Federal Executive Branch, and which shall be ruled by the specific laws issued by the Federal Congress.
5. Regarding the public service or electricity, the particulars shall participate in the activities of generation, conduction and supply of energy.
Pursuant to the foregoing, the new regulations in energy matters require the need to render legal counseling and litigation services, as established below:
A. Our law firm shall render counseling regarding the applicable laws for those projects of the electricity sector and/or renewable energy, including Environmental Law, as well as other climate changes topics, execution of agreements and participation in public national and international bids, and rendering advise since the beginning of such proceedings up to the corresponding award. Likewise, our lawyers shall participate in the design of strategies in order to achieve the better follow up of the projects and the raising of funds and financing.
B. Likewise, GPL ABOGADOS, S.C. has the technical support in order to speed up the compliance of the applicable legal provisions, as well as the follow up of the granting of the permits or authorizations that are necessary for the performance of the activities of the companies.
C. Finally, we shall be able to render administrative litigation services before the federal courts and of course the Amparo trial before the Federal Judicial Branch.
Regarding the services of the “oil and gas industry”, GPL ABOGADOS, S.C. renders the following legal services:
D. Considering the new legal scope derived from such constitutional amendment, our firm renders counseling to our clients regarding the application of such legal regulations in order to obtain authorizations and/or permits, purchase and sale of assets and participation in public works agreements and/or national and international public bids.
E. Likewise and according to the applicable legal scope, GPL ABOGADOS, S.C., renders legal services in Environmental Law, specifically in administrative responsibility matters and in the compliance of environmental laws, specifically regarding the certification of activities, correction of polluted sites and limitation of responsibility derived from the administrative proceedings. For such purposes, we have the required technical support for the study of such topics, from the performance of sampling proceedings, follow up and legal recommendations stage in an preventive and corrective manner, up to legal auditory services and prevention of incidents.
F. On the other hand, our law firm renders legal counseling and administrative litigation services before the federal branch, in the ordinary venues and the Amparo Trial. Such matters include, among others, the environmental fines issued by the federal authorities and compliance with the regulations regarding generation of hazardous wastes and special handing of wastes, obtaining easements and the application of Rural Law and its several consequences in the civil and administrative venues.”