Guidelines and Contract Models under the Hydrocarbons Law

Today it was published in the Federal Official Gazette, to become effective as of June 3, 2016, the Guidelines and Contract Models under the Hydrocarbons Law...

Published by:     Villalobos & Moore    Date: 2016-06-02


Facebook.png
1467327882.jpg



Today it was published in the Federal Official Gazette, to become effective as of June 3, 2016, the Guidelines and Contract Models for the use, enjoyment, affectation or, as the case may be, acquisition of land, goods or rights, to carry out hydrocarbons exploration and extraction activities and transportation through gas pipelines.

According to the Hydrocarbons Law, the consideration and other terms and conditions agreed upon by the parties must be in writing and under a contract model of those issued by the Ministry of Energy and approved by the Ministry of Agrarian, Territory and Urban Development.

The purpose of the contract models is to facilitate the negotiation and agreement of the parties and the regulation of activities related to the energy sector.

The Guidelines provide the minimum provisions that the contracts must include, specifically in terms of consideration and conflict resolution for the use, enjoyment, affectation or, as the case may be, acquisition of land, goods or rights, to carry out hydrocarbons exploration and extraction activities and transportation through gas pipelines, as well as the contract models, which are, purchase and sale, lease, easement and superficial occupation.

The Guidelines constitute the basis for all agreements, in the understanding that the parties may include additional provisions, so long as they do not omit or contradict the minimum requirements provided in the Guidelines and contract models.

The contract models are of mandatory use as they provide the minimum provisions, but the parties may request professional legal advice for the preparation of additional clauses or for the better understanding of the models.
The Guidelines and contract models are of federal jurisdiction.
The Commercial Code and the Federal Civil Code, in that order, are of complementary application to the Guidelines and contract models.

Interpretation of the Guidelines is under the scope of authority of the Ministry of Energy, through the General Direction of Social Impact and Superficial Occupation, which may request the opinion of the Ministry of Agrarian, Territory and Urban Development.

Author:  Villalobos & Moore, S.C.
...
Of Counsel