Within the framework of the Constitutional Energy Reform, one of the laws which will be more discussed is the foreign investment law for possible allocations that the private national investment may suffer.
Within the package of secondary legislation to be amended, stands out for its importance changes that Congress General shall draw in its framework to foreign investment. The fact that the Constitution allows under its new energy regime, the concurrence of private participation in the sector, does not mean in any way that the investment originates from abroad, if nor properly regulated in the Law of Foreign Investment. This law holds absolute locks and in some activities restrictions that do not allow foreign investments in certain areas of the national economy. "The rules to channel foreign investment into the country and encourage it to contribute to the national development in energy will have to be reviewed immediately."
The oil and electrical operation is complex, and within the same, hundreds of activities, substantial and peripheral services that compose it, fit in. Among the great debates that certainly approach is the elimination or ratification of the Foreign Exclusion clause for certain commercial activities that today are closed to foreign investment in energy matters and related to the same activities.
The Law determines today as activities reserved exclusively to Mexicans or Mexican companies with foreign exclusion clause in the retail distribution of gasoline and liquefied petroleum gas. These commercial activities are of major importance for the national energy sector, and certainly for domestic investment which business niche has not had foreign competition in the modern history of the country. Likewise, there are specific regulatory activities affecting preeminently within the energy sector in Mexico and only allow the participation of foreign investment in certain limits, say 49% as are the port pilotage services to vessels for operations inland waterways, shipping companies engaged in the commercial exploitation of ships for inland and coastal navigation, firms supply of fuel and lubricants for ships, airplanes and railway equipment.
Finally, it seems anachronistic for the legal provision that the National Foreign Investment Commission to keep authorizing by a favorable resolution a participation greater than 49% of foreign investment in substantial activities and extremely essential to the national energy industry as maintained are port services to vessels for their operations inland, such as towing, mooring and lighterage, shipping companies engaged in the operation of ships solely in high traffic and companies engaged in the construction of pipelines for transportation of oil and its derivatives as well as for drilling oil and gas wells.