ASEA (Security, Energy and Environment Agency) Authorization of Days and Hours for the Industrial Supervision, Inspection and Surveillance Unit

The National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector (ANSIPMASH) is a Decentralized Administrative Body of the Ministry of Environment and Natural Resources (SEMARNAT), with technical autonomy and management, with powers to regulate and supervise in matters of Industrial Safety, Operational Safety and Environmental Protection, the facilities and activities of the Hydrocarbons Sector, including the activities of dismantling and abandonment of facilities, as well as the integral control of waste, with the purpose of guaranteeing that the activities of the hydrocarbons sector are developed with criteria of environmental protection, social welfare and economic development.

That said, and taking into consideration the preventive measures determined by the Ministry of Health under the health contingency caused by COVID-19, from March 24, 2020, SEMARNAT suspended legal terms and deadlines regarding various administrative procedures carried out. before said Secretariat, as well as its decentralized administrative bodies.

Notwithstanding the foregoing, in order to give legal certainty to those acts carried out by ANSIPMASH, on June 4, 2020, the Agreement was published in the DOF by virtue of which it is disclosed that days and hours are enabled for the purpose of That the Industrial Supervision, Inspection and Surveillance Unit of said National Agency carry out the administrative acts inherent to the procedures in which any of the security measures and urgent application contemplated in the Law of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector, consisting of:

I. The suspension of works related to the construction of works and facilities.
II. The temporary closure, in whole or in part, of the works, facilities or systems.
III. The order for the temporary suspension of supply or service.
IV. The assurance of substances, materials, equipment, accessories, pipelines, facilities, systems or vehicles of any kind.
V. The prohibition to use substances, materials, equipment or accessories.

Therefore, any action outside the days and hours that have been enabled through the agreement in question, with respect to the procedures that have given rise to the application of these measures, would be illegal, therefore, the administrative acts that are carried out would be liable to be fought through the contentious administrative trial before the Federal Court of Administrative Justice.

By virtue of the foregoing, the BRIFFAULT ABOGADOS, SC team is at your service to provide appropriate and timely advice in relation to all acts of the ANSIPMASH Industrial Supervision, Inspection and Surveillance Unit. As well as the contentious area to develop means of defense against any administrative act carried out by the Agency in question outside of the terms that have been enabled for that purpose.