The energy matter

National

The reformations to the fiscal régime of Pemex: To assure payments to transnational

The energy matter

By: Carlos Damian                                         July 14, 2014

Reservations of PAN and PRD are only analyzed; PAN is agreed with the PRI"

Mexico. -   The relative initiatives to revenues have more than enough hydrocarbons and of the Mexican Fund of the Petroleum as well as the reformation to the Law of Budgets, to discussion in commissions of the Chamber of deputies, they don't guarantee the energy security of the country; their objective is only collecting and to guarantee the payment to transnational that will obtain exploration contracts and exploitation, the PRD explained in a study on the presidential project. "the main function of the Mexican Fund of the Petroleum (FMP, their initials in Spanish) it is to be a box of payments to the transnational ones and it is not an instrument of long term saving", it indicated. "The main function of the FMP is to be a box of payments to the transnational ones and it is not an instrument of long term saving", it indicated. Still when the presidential initiative affirms that it will modify the fiscal régime of Mexico’s Petroleum (Pemex), to alleviate it loads tributary, the document of the PRD explained that the title third of the law of Revenues has more than enough Hydrocarbons it is essentially the same one that one wants to repeal of the Federal Law of Right but it only changes to allow the migration of assignments to contracts.    Without calculating, the cost of the modifications  The writing of the article 33 of the mentioned law also allows the combination of contracts and considerations decided by the Secretary of Treasury, “with a high discretionary degree, and the new fiscal model, based on the capture of the oil rent, it will allow to share it with companies by means of contracts that have already generated holes and they locate the stability of the finances in an environment of risk". According to the evaluation of the legislators group of the PRD, the federal government has not calculated the cost neither the implications of the new fiscal régime of Pemex, if it happens without adjustment in the public finances for the migration of assignments to contracts, the combination of these and an eventual fall of the price of the barrel of raw. Regarding the paper of Treasury Pemex has more than enough, it evaluated that the Secretary would not lose its interference. In the project of the fund of the petroleum, it added, although it thinks about the budgetary autonomy of the oil company, as well as of the Federal Commission of Electricity (CFE, their initials in Spanish).    The company property of the state and "producer " and electricity sale in Mexico, as well as the company property of the state and producer and sale of having derived in Mexico, those will be held before mentioned to a financial balance and a roof of expenses of personal services that it proposes Treasury and approve the Congress. "All the arguments presented by the Executive on acting free of Pemex without authorization of Treasury are not reflected in the laws. In that of revenues it has more than enough hydrocarbons it settles down that it determined the relative economic conditions to the fiscal terms of the law, therefore, it will have total control of the financial aspects of the contracts, but also in the assignments", it detailed. The dependence will also form part of the advice of administration of Pemex and CFE, the same as the committee of human resources and remunerations, with that “will continue having interference with more attributions and it is not very believable that counts with the technical abilities to carry out that function". Regarding the oil bottom, it explained that it is the last priority it is the long term saving, because before it should fulfill the derived payments of the assignments and contracts.  As well as to carry out the following transferences in advance: to the Fund of Stabilization of the Budgetary Revenues; to the Fund of Stabilization of the Revenues of the Federative Entities; to the Fund of Extraction of Hydrocarbons; to the sector Fund Conacyt-Sener, and to the Treasury of the Federation, necessary to cover the Budget of Expenditures in a minimum of 4.7 percent of the GDP. "Once covered, it will dedicate the spare resources finally to the long term saving and when the reservation of the bottom is bigger to 3 percent of the GDP it will be able to recommend to the Chamber of assignments to the system of universal pension, to finance investment in science, technology, and you grant a scholarship", it concluded.    Energy matter with juridical figures without existence in laws  Today (7/14/14), the voting of the four verdicts begins in commissions of the Senate on the 17 secondary laws in energy matter. Although you already discussed in the general thing and in the particular thing, they have not been voted by that that starting from this day ´just the reservations of the PAN will be analyzed and those of the PRD, which will be given to know in the morning. Because the PAN demanded to the PRI and the federal government that it was indispensable to continue in the tables of discussions the reformations in energy matter that they completed its commitments, what is means that and the states that will have electoral processes in 2015 their electoral legislations were adapted to make them chords with the constitutional reformation, the commissions of opinions agreed that like work method that the verdicts you would only discuss in the general thing and in the particular thing, and at the end of the analysis of the four packages, you would proceed to its voting. During the discussions, the PAN was reserved in its entirety the four verdicts, but it didn't make public the texts that it proposed to modify the questioned articles, which will be known until today.    Among their reservations it is the topic of the expropriations of the private and social lands. In the discussion senators Jorge Luis Lavalle, Salvador Vega Casillas and Francisco Dominguez manifested that their party “is not for the expropriation, but for the rent of those lands, because the proprietors are hired by the companies and because they are granted a percentage of the earnings that they are obtained". The reservations of the PAN that were not presented when being discussed each verdict will be given to know today, but “previously they were agreed with the PRI". With them, the Law of Hydrocarbons could modify in the chapter of expropriations, the same as the laws of the public companies: Pemex and CFE, and that of the organs regulators. Pending dozens of reservations that the PRD are formulated also, among them the one of settling down, “if in the law it is that as much Pemex as CFE are the federal government's property, or they are property of the nation". The senator of the PRD Alejandro Encinas (Encinas) it highlighted that in the case of the organs regulators coordinated in energy matter that refers to the hybrid ones juridical and productive companies of the State, “it seems that it already became symptomatic that the Executive builds nonexistent figures whose information is in contradictory several aspects, so much as its acts and juridical business as for its workers, in damage of its labor stability."   The PRD detailed by means of Encinas: "Organs Regulators' law is in fact practically the one that obtains the highest reward as for contradictions, because it consists in that the regulation in the constitutional paragraph 28 should be more specific and more appropriate with its contents; however, we cannot obtain something good if what originates it doesn't have it". It seems that in the papers that the legislators generated on the energy matter they were urinated and they defecated in the water-closet of the Senate. A true jewel of the technical legislative explained Encinas, it is, it is said, of an autonomous constitutional organs, but I eat consequence of this brief reformation, subordinated and centralized, the possibility is given of exercising its resources auto-generates like it comes him in desire and breaking up with the most basic concepts in the design of the public administration". (La Jornada, politica, p. 14, July 14, 2014).