Client Alert-The Ministry of Energy establishes the procedure for importers to accredit the NOM-016-CRE-2016.

• The Mexican Standard named NOM-016-CRE-2016 stablishes the quality specifications that the oil products (gasoline, jet fuel, diesel) must be comply in Mexico at each stage of the production and supply chain, including import activities.

• The General Directorate of Petroleum Products (Dirección General de Petrolíferos) of the Ministry of Energy will be in charge of validating the documents sent to prove compliance with NOM-016-CRE-2016 when importing petroleum products.

• Those applications that do not comply with the requirements of the regulation cannot be used in petroleum importation operations.

I. BACKGROUND.

On January 26th, 2024, it was published in the Federal Registry the Regulation that establishes the procedures that importers must follow before the Ministry of Energy to accredit compliance with NOM-016-CRE-2016, Specifications of Petroleum Products (the "Regulation") it can be consulted here.

This Regulation follows up the modifications to the General rules and Criteria in Foreign Trade published on October 27th,2023 in the Federal Registry. The modifications can be consulted in the following link.

To learn more about the background, please review the "Client Alert" sent by Campa and Mendoza on October 27th, 2023, to your email.

II. CONTENT OF THE ORDINANCE.

The Regulation establishes the documents that importers must submit to the General Directorate of Petroleum Products ("DGP") of the Ministry of Energy, to prove that the petroleum products they intend to import into Mexico comply with NOM-016, thus if petroleum products do not comply with NOM-016 they will not be allowed to enter Mexico.

To prove compliance with NOM-016, importers must submit:

1) Certificate of Quality of Origin.

2) Report of results or the document of a similar legal and technical nature of the testing laboratories of the country of origin of the oil product in question.

3) Other.

If the information is submitted correctly, the DGP will issue its validation within 3 working days of its receipt and petroleum products can be imported.

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This document is not legal advice and, if you have any questions or require advice, please contact us.

Campa & Mendoza

[email protected]

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