martes, 25 de marzo de 2014

The reformer's energy reformation

National
The initiatives are approved due to the global subordination of Mexico
The reformer's energy reformation
By: Carlos Damian                                          February 14, 2014
The secondary laws will disqualify Pemex and CFE
Mexico. - We would rot they risked to the quality of the structural reformations (RE), applied in Mexico to that specified in the sixth transitory as the beat zero, and it is here where it will be defined the total dismantlement of Pemex disqualifying it, denying their capacities, what we could see to Pemex like a under contracte office with scarce personal. Although the restrictions to the dismantlement of the State can it turns in assuring the fiscal resources: the trillion dollars that contributes this company property of the State is indispensable for the federal government's operation, but EPN, and the viceroy Videgaray has they had committed the garage sale, of the petroleum, the gas and the electricity to the transnational ones. If we go back to the brief analysis, of the transitory ones, we could see in the room the discretionary outsourcing of workers, and of transnational outsiders.

In the 5º. (t) we can see to the artificial figure as productive companies of the state (it is not a concept regulated in the RE) and the private companies “will be able to report for countable and financial effects the assignment or corresponding contract and their prospective benefits, provided it is affirmed in the contracts that the petroleum and everything that that is in the underground, is property of the nation." This transitory one transforms assignments into contracts open to the foreigner's companies, in active fixed, or wealth that allows them to rise in bag, to emit new actions, contracts and loans. It is clear that the disguise that our legislators placed him about the property of the nation is absurd and redundant since in the added paragraph seventh of the RE to the article 27 of the Constitution, it is added that in all the cases, “the hydrocarbons in the underground are property of the nation and it will be affirmed this way in the contracts". What they didn't want to include was the character of nonnegotiable and not sizeable of the petroleum, the gas and the electricity. The 5 (t) finish saying that it will be applicable to Pemex and subsidiary during the period of transition to become company of the state, that which is since lie after three or four years will have concluded with their properties and personnel employee in their facilities.

As for the 6t it refers to the assignments for exploration and exploitation of petroleum. It will be the Sener the one in charge with the technical attendance of the CNH of awarding Pemex the contracts, (La Jornada, Julio Bolivtnik). The procedure tells us that Pemex will request Sener, in a term of 90 days the entrance in vigor of the ordinance that will return to its old owners, the transnational foreigners, “the award of the areas in exploration and the fields that are in production that is in capacity of operating through contracts. For the above-mentioned it will credit that it has the technical, financial capacities and of necessary execution to explore and to extract the hydrocarbons in efficient and competitive form". This paragraph tells us a lot more than the future of Pemex, and it tells us that Pemex will demonstrate that it is able to make it, a stupidity if we consider that Pemex has been the company that has exploited the petroleum for more than 70 years, and that last year it paid to Treasury more than a trillion dollars. Although the CNH can argue that there are a company, Dutchwoman or Norwegian able to extract petroleum with lower costs, since it hires personal eventual with a rotation of personal enormous and it is not sometimes paid neither its complete monthly wage.

For their resolution the Sener gives double term (180 days), it is specified that it should specify the surface, depth and validity of the contracts. A) “Of not being fulfilled the exploration area, the area in question will be reverted to the State". B)”As regards extraction contracts, Pemex will maintain its rights (which rights if Pemex will have disappeared for those dates) in the fields that are in exploitation when going into effect the ordinance that returns its old owners of the 38 its properties." However the right reactionary PRI-PAN foresees to remove to Pemex areas of exploitation or exploration. In those that has already made investments, and for it settled down it the clause that it says: "In case, as a result of the process of award or of assignments… they were ended up affecting investments of Pemex, these will be recognized in their fair economic value". Since the assignments, contrary to the contracts, are exclusively for the productive companies of the State, the previous prevention seems only to be applied to resolutions of the Sener that they deny the assignment for lack of capacity of Pemex. To this disqualification of the capacities of Pemex the auto-disqualification is added, although it is preceded of an enigmatic sentence: "the assignments won't be able to be transferred without approval of the Sener.

Pemex will be able to propose to the Sener, for its authorization, the migration of the assignments that are awarded to contracts…”About the first sentence it refers to the assignments and these can be transferred. Although when referring to the article 27, they wrote on several productive companies of the State. Now we have a word that stands out of the other ones and it is the migration. This artificial figure settles down that Pemex when having demonstrated its capacity to explore and to exploit an area competitively, and receive the assignment, it will be able to opt for the exploitation, and by means of contract or to subcontract then apparently to a private company is no longer able to make it for itself. It is urged to shield to the country of the right legislators Around the discussion to the secondary laws of the RE, let us have to put emphasis in some questions that they are of true importance for the real threat of privatization and destruction of what is of the national sovereignty. We can argue that the atrophy of capacities of the State and it is what we are living, to diary it drives to the delivery, to the transnational capital, of the petroleum and the electricity, being the final step of the strategy effective national anti-development that we have called global subordination to contrast it with the strategy of development of national self-determination that at some time guided us and that it looked for to develop our capacities.

Without this defeat attitude and failure when delegating our petroleum, the gas and the electricity to the transnational foreigners, another world would be Mexico. The RE dismantles in fact to the Constitution and it becomes worse the subordinate integration that takes us to financial, productive, military, territorial subordinations and politics. When opening up our energy ones to the foreign investment we are incorporate to the rules and padlocks of the NAFTA that it is date their forcefulness when maintaining the poverty, the migration, the agriculture-business and energy misery of the country in levels first floor, since after 30 years they are evident their results when limiting our national sovereignty. It is a total privatization that our legislators have disguised, and it feigns that the nation continues being landlady of the petroleum, the natural gas and the electricity: that which is reformed in fact in the constitutional article 27 that continues edited as if the petroleum continued being property of the Nation and sustaining that concessions won't be granted, it stops then to be contradicted when adding that, “with the purpose of obtaining revenues for the State", the exploitation and extraction of the petroleum will be carried out by productive companies of the State (new artificial figure) through assignments. It is a total deceit and for the government of EPN the Mexicans are sub-humans that cannot distinguish of one deceit for sillies or feign ignorance, due to the round of the same one. They are 30 years of the delivery from the country to transnational foreigners; Mexican continues being deceived by PRI -PAN, and PVEM, awake! (La Jornada, politica, p.p. 7 - 42, February 7, 2014).

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