"Invalidity of incentive contracts for oil exploration
Cuauhtémoc Cárdenas
Those of us committed to a national project fully sovereign, democratic political institutions and forms of social coexistence, which provide decent living conditions and well off all its inhabitants, we must be vigilant and ready to go to the step, making use of all our forces and all possible resources to deter and disrupt any claim or action that goes against this project .
Today, March 18, 1973 anniversary of the oil expropriation decreed by Lazaro Cardenas, can not fail to point out the unconstitutionality of service contracts for evaluation, development and production of hydrocarbons, which are also known as integrated services and more commonly as an incentive contracts, which is to be awarded to Petróleos Mexicanos exploitation of their fields Magallanes, Carrizo and Sanctuary.
The text of these contracts is a violation of paragraph four of Article 25, Article 27 and sixth quarter of the 28 constitutional. The contracts with term of 25 years, renewable, establishing a pattern of long-term partnership with Petroleos Mexicanos individuals to they substitute the public body on the facts and make a block of territory, which offers exclusively, activities reserved by the Constitution only the Mexican government itself.
To direct and coordinate the operation of the camps, these contracts establish a joint body formed by the contractor and Pemex, within which decisions are taken unanimously obligate, Pemex thus losing the leadership, leaving the other side an element whose importance can not be ignored, which is the property and money management.
This body is empowered to take joint decisions, among other issues, use of infrastructure and consolidation of sites, degree of national integration, support programs to the community, reports on the contractor's services and supervision of services provided by the contractor, ie, that, as part of the joint management body, the contract is constituted by a judge and party in relation to enforcement and in fact replaces Pemex on issues such as evaluation and development of mineral deposits to be procured.
For the first time after 73 years, we face the risk that the nation receives contractually oil extracted from its territory from an individual who will be paid a fee for each barrel delivered.
However, even if it is not typical risk contracts, the incentive contravene Article 6 of the Law Regulating Article 27 of the Constitution in the field of oil and fractions IV and II of Article 60 of 61 Law of Petroleos Mexicanos, to connect and commit to pay the contractor, on the one hand, the value of oil sales and, on the other, with the profits of the public body and therefore the state, as well as violate the principle that compensation should be based on fixed patterns from the very signing of the contracts.
Payment the contractor on the basis of the sale of oil extracted, involve an element of risk sharing with the contractor Pemex, as the amount of the sale will depend on both the volume extracted as the price of oil, which is fluctuating. Another unfavorable for Pemex is that in practice, the formulas by which fixed the price of oil tend to overvalue the lower-quality crude, resulting in an over-compensation for the contractor, especially in the fields of lower quality.
These contracts establish an unconstitutional scheme of long-term partnership with individuals, that should be reached to sign, should be declared invalid.
I will not fail to note that in November 2008 in conjunction with reforms to oil legislation that Congress made, outside the desirability of incorporating the necessary legal measures to prevent the bidding of blocks allocated to a single contractor , it was predictable and the government's intention to resort to such schemes under the fallacious argument that Pemex can not do this or that no human or financial resources. Not clear in the law to prevent this risk, could open up new space for political confrontation and unnecessary uncertainty for the activities of Pemex.
Today, 73 years after the oil expropriation, we reconvened the public, workers in the sectors of energy, the different political and social organizations, to build a strong movement of oil to defend the sovereignty and the constitutional mandate that gives the state the exclusive and full control of the exploitation of oil resources.
In particular, we do from here called on lawmakers do-especially those of my party, "so that should be reached to sign these contracts encouraged, to submit to the appropriate authorities and resources disputes to you can use legally and politically to be declared invalid. That will be a way to fulfill their commitments political and constitutional and stop the dismantling and delivery interests contrary to those of Mexico in an industry that must be re-set, full, serving the independent development of the nation.
Paradoxically, now that our oil production is declining, international prices have increased and the public coffers are receiving oil revenues in an amount such as had never before achieved. It is therefore urgent to reflect on the good use of those resources strategically to link those activities that enhance the development of the country with sovereignty, such as the expansion and integration of production cycles oil industry itself, such as quality education, scientific research and technological development of infrastructure and energy transition, activities leading towards sustainable models that allow for greater welfare and live in a safer world and harmony with nature both generations as the Mexican future.
http://fundad.org "
http://www.jornada.unam.mx/2011/03/18/index.php?section=politica&article=022a1pol
REITERATE for the umpteenth time the constitutionality of Attempted Privatization of Petroleos Mexicanos (PEMEX), TORT OF THE TOWN OF MEXICO ...
http://eligio-del-awiizotl.blogspot.com/2011/03/por-enesima-ocasion-reitero-la.html
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Warning Centre for the Defence of the People
Research, analysis, documentation and reports of interference and subversion against the peoples of Latin America
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Institute Professor and professor emeritus of linguistics at the Massachusetts Institute of Technology *
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http : / / eligio-del-awiizotl.blogspot.com/2010/07/noam-chomsky-estados-unidos-es-el-mayor.html
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http:// wikileaks.ch /
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*)
Stephan Hessel: "'m not here to testify about what happened in Chile. I am here to speak for the evolution of international law, which is always too slow. To me, this trial represents a step forward because we live in a world in which crimes unpunished weighing on the international conscience (Referred by Anne Marie Mergia in "Judgement implacable " http://www.proceso.com. mx/rv/modHome/detalleExclusiva/86881
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http:/ / www.jornada.unam.mx/2011/01/10/fotos/portada.jpg
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Universal Rights and Universal Values \u200b\u200b... That is romantically Substantive But For Those Who try to ignore the Universal Jurisdiction and Its Procedures to evade justice ... FIDEIIUS (Fideiius)
on Mexico cables
WikiLeaks site http://www.wikileaks.ch/origin/68_0.html
special on WikiLeaks La Jornada "
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http://www.cubadebate.cu/noticias/2011/02/25/una-foto-que-causa-sensacion-en-facebook/
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