On November 5, 2026, the Resolution of the National Energy Commission Issuing the General Administrative Provisions Governing the Commercialization of Natural Gas, Petroleum Products, Liquefied Petroleum Gas and Petrochemicals (the “Provisions”) was published in the Official Gazette of the Federation (Diario Oficial de la Federación, “DOF”). The Provisions entered into force on November 6, 2026.
The purpose of the Provisions is to establish the regulatory framework applicable to such activities by the National Energy Commission (Comisión Nacional de Energía, “CNE”), taking into account the provisions of the Hydrocarbons Sector Law and its Regulations.
- Scope of Application
The Provisions are mandatory throughout Mexico and apply, among others, to persons and entities that:
Intend to engage in the commercialization of natural gas, petroleum products, liquefied petroleum gas or petrochemicals.
Hold valid permits to carry out such activities.
Hold other permits contemplated under Article 76 of the Hydrocarbons Sector Law and have or intend to establish commercial relationships with commercialization permit holders.
Hold assignments, exploration and extraction contracts, or permits for natural gas processing, petroleum formulation or refining, and intend to commercialize products obtained from their own production processes.
- Main Regulatory Aspects
a) Granting and Term of Permits.
The Provisions establish the requirements for applying for commercialization permits, including information and documentation regarding suppliers, customers, products, volumes, logistics infrastructure, projected demand and contract templates.
The CNE may grant commercialization permits for a term of up to two years, following an assessment of the particular characteristics of each project. To continue operating after the expiration of a permit, a new permit shall be obtained, and the submission of an application does not constitute an automatic extension.
b) Origin and Traceability of Products.
Permit holders shall demonstrate the lawful origin and availability of the products they intend to commercialize through the documentation corresponding to their importation, production or acquisition within Mexico.
In the case of natural gas transported through pipelines, traceability shall be demonstrated through volume or energy balances at the points of entry, injection and delivery, based on information issued by transportation or storage permit holders, without requiring identification by batch.
c) Obligations of Commercialization Permit Holders.
The Provisions establish various obligations for commercialization permit holders, including the following:
Maintain a valid permit and carry out their activities in accordance with the authorized terms, conditions and scope, as well as process any corresponding amendments, updates or authorizations.
Verify that their counterparties hold the corresponding valid permits and refrain from conducting transactions with persons or entities engaging in activities subject to a permit without holding the required permit.
Conduct their activities using products of lawful origin and comply with the applicable provisions regarding quality, measurement and volumetric controls.
Formalize their commercial relationships through contracts, maintain an updated registry of suppliers and end customers, and retain documentation supporting their commercial transactions.
Maintain the corresponding guarantees and insurance policies in effect, comply with the payment of contributions and fees for permit supervision, and keep their address information updated.
Refrain from engaging in unduly discriminatory practices or granting cross-subsidies and comply with the applicable obligations regarding service continuity and suspension.
d) Information and Reporting Obligations.
The Provisions establish various obligations to submit information to the CNE, including the following:
Weekly: Submit information regarding volumetric controls, measurement, product quality and commercial transactions, as well as the provision or intermediation of value-added services.
Quarterly: Substantiate purchase and sale transactions and services provided and contracted through tax invoices and other required documentation.
Semiannually: Submit an updated registry of suppliers and end customers, including valid contracts, committed volumes and the final destination of products, and register the corresponding contracts through the Contract Form.
Annually: Report a breakdown of the main components of unit costs associated with commercialization, including acquisition costs, logistics services and estimated operating margins per contract.
e) Commercialization Contracts.
Commercialization contracts shall include the minimum content required under the Provisions, including matters related to the lawful origin of products, volumes, delivery conditions, quality, documentary traceability, prices, consideration and responsibilities of the parties.
Furthermore, permit holders shall register the contracts entered into with their suppliers and customers through the Contract Form available on the CNE’s Electronic Filing Office (Oficialía de Partes Electrónica).
Contracts entered into during the periods from January to June and from July to December shall be registered no later than ten business days following the end of the corresponding semester.
The Contract Form will generate a unique identifier known as ContratoId, which must be reported in each transaction submitted to the CNE’s information systems to link it to the corresponding contract.
f) Transactions Between Commercialization Permit Holders.
The Provisions establish requirements for providing commercialization services to other commercialization permit holders, including obligations related to the provision, management or contracting of transportation, storage or distribution services, as well as requirements regarding the holding of certain permits, without prejudice to the exceptions provided under the Regulations of the Hydrocarbons Sector Law.
The Provisions also establish limitations regarding the suppliers and customers with whom persons or entities obtaining commercialization permits under the Provisions may conduct transactions.
- Transitional Regime and Compliance Deadlines
The Provisions establish, among others, the following transitional deadlines and conditions:
90 calendar days following publication: Commercialization permit holders must implement the systems and procedures necessary to access the Electronic Filing Office and comply with the obligations established under the Provisions.
180 calendar days following their entry into force: Holders of commercialization permits granted by the former Energy Regulatory Commission (Comisión Reguladora de Energía) or the CNE must submit information and documentation demonstrating their capacity to import, produce, formulate or acquire the products commercialized within Mexico, as well as documentation regarding the management of transportation, storage or distribution services necessary for their activities, in accordance with the terms established under the Provisions.
30 business days following their entry into force: Commercialization permit holders falling within the cross-participation scenarios contemplated under the transitional regime must submit the corresponding notice to the CNE.
30 business days following their entry into force: Permit holders that have not fully submitted the information required under the Twentieth Transitory Article of the Regulations of the Hydrocarbons Sector Law must complete such submission.
Additionally, the CNE must publish the commercialization contract template in the DOF within 180 calendar days following the entry into force of the Provisions. Until then, contracts entered into must comply with the minimum requirements established therein.
- Existing Permits
Commercialization permits granted prior to the entry into force of the Provisions retain their originally granted term, without prejudice to compliance with the obligations applicable to the performance of the permitted activities under the Hydrocarbons Sector Law, its Regulations, the Provisions and other applicable regulations.
Likewise, permit holders with valid permits granted prior to the entry into force of the Provisions retain the validity of the contract templates previously submitted or approved.
At RGR, we will continue monitoring the implementation of the Provisions to identify their implications for participants in the sector and the obligations applicable to their activities.
The full text of the Agreement is available at the following link:
“The information contained in this publication is of a general nature and is provided for informational purposes only. It does not constitute legal advice, nor does it substitute a specific analysis of any particular matter. Our firm shall not be liable for the use given to this publication. For legal advice regarding a specific issue, please contact Ernesto Espinosa González (eespinosa@rgr.com.mx). © 2026 Ríos Zertuche, González Lutteroth y Rodríguez®. All rights reserved.”