The New Organic Statute of the Mexican Oil Institute

March 14th, 2023

On February 20, 2023, the Mexican Petroleum Institute (hereinafter the “IMP”) published its new organic structure, its functions, and attributions for each of its areas.

This new organic structure supersedes the previous one published by the IMP on October 31, 2014, in the Federal Official Gazette.

LEGAL NATURE OF THE IMP

The New Organic Statute (hereinafter “NEO” for its acronym in Spanish) reaffirms the IMP as a decentralized public agency of the Federal Public Administration, with legal capacity and own assets, as well as with technical, operational, and administrative decision-making autonomy, sectorized to the Ministry of Energy.

OBJECTIVE OF THE IMP

The new publication states that the IMP is aimed at conducting research, technological development, innovation, process and product scaling, provision of technological services to optimize processes in the hydrocarbon industry (in exploration and extraction, industrial transformation, and transportation, storage and distribution), commercialization of its results in the energy sector, as well as carrying out specialized training.

ACTIVITIES OF THE IMP

The new publication of the IMP’s Organic Statute states its functions as follows:

(1) Render of services for the efficient use of energy, clean fuels, and the sustainability of the oil industry;

(2) Certification of processes and products;

(3) Conducting audits, supervision, evaluations, inspections, verifications, and technical investigations in matters of industrial and operational safety and environmental protection in the hydrocarbon sector;

(4) Participating in the preparation of Mexican Official Standards and Emerging Standards;

(5) Conducting activities for the protection and commercialization of intellectual property, technological intelligence, management processes, technology transfer, and knowledge management;

(6) Conducting conformity assessment activities such as calibration, testing, auditing, inspection, certification, verification; and,

(7) Developing standards and tools for the assessment of competencies, as well as the respective certifications, among others.

ADMINISTRATION AND ORGANIZATIONAL STRUCTURE

In accordance with the above, it is important to mention that the NEO states that the IMP will be managed and administered by a Governing Organ, composed of a Board of Directors and a Chief Executive Officer, who will act as its legal representative.

The Board of Directors is composed of 10 directors, including the Secretary of Energy, two independent directors, and one representative from each of the following entities: Ministry of Finance and Public Credit, Ministry of Environment and Natural Resources, Mexican Petroleum, National Autonomous University of Mexico, National Polytechnic Institute, Metropolitan Autonomous University, and National Council of Science and Technology.

Additionally, the NEO adds a structure for the exercise of its attributions, which was not present in the 2014 Organic Statute. The IMP structure will be as follows:

  • General Management
    • Legal Affairs Unit
  • Research Department
  • Technology Department
  • Technology Commercialization Department
  • Exploration and Production Department
  • Engineering and Services Department
  • Training and Development Department
  • Institutional Operation Department
  • Finance and Administration Department
  • Internal Control Organ in the IMP

Finally, the NEO shall enter into force once it is published in the IMP’s Internal Regulations, and subject to the approval of said institute, thereby revoking the previous Organic Statute published by the IMP.

In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.

MORE INFORMATION

Contact: jbravo@j-bravo.com.

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