LEGAL UPDATE December 2015 ROUND ONE FOURTH CALL-TO-BID On December 17, 2015, fourth call-to-bid number CNH-R01-C04/2015 for International Public Bid number CNH-R01-L04/2015 regarding the process known as Round One, issued by the National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos) (CNH) as a Coordinated Regulatory Agency, was issued in the Federal Official Gazette (Diario Oficial de la Federación). Said bidding process includes 10 contractual areas located in deep waters in the Gulf of Mexico, within the oil provinces of Cinturón Plegado Perdido, off the coast of Tamaulipas (4 areas), and Salina Basin, off the coast of Veracruz (6 areas). The private sector will be able to operate such contractual areas through License Contracts to develop hydrocarbon exploration and extraction activities, in order to obtain revenue for the State that will contribute to the long-term development of the Nation, as the Government will be responsible to carry out exploration and extraction activities for oil and other hydrocarbons through allocations to Productive StateCompanies or through contracts with Productive State Companies or with the private Sector. In order to participate in the referred bid as an operator or as an investor in contractual areas in deep waters, participants must comply, among others, with the following requirements: 1. Regarding technical and execution expertise and capability for operators: I. II. Evidence of a) experience as operator during 2011 – 2015, in at least one exploration and/or extraction project in deep waters, with a taut exceeding 1,000 meters, and b) capital investments in exploration and/or extraction projects in an aggregated total amount of at least US$2,000 million Dollars, and Evidence of experience in industrial safety and environmental protection matters during the last five years; that is, the operator must be experienced in the implementation and operation of industrial safety, operational safety, and environmental protection management systems in exploration and/or extraction facilities or projects. 2. Regarding financial capability for operators: I. Evidence of equity of at least US$2,000 million Dollars, or 1 II. Evidence of total assets worth at least US$10,000 million Dollars and an investment grade credit rating (Fitch Ratings, Moody’s Investors Service, or Standard & Poors). 3. Regarding financial capability for investors: evidence of a net worth of at least US$250 million Dollars. Additionally, within the pre-qualification requirements, the Bid Rules indicate that those companies which were positively pre-qualified in aspects regarding the data room, source of financial resources, and legal documents during bidding number CNH-R01-L01/2014 (regarding the award of Production-Sharing Contracts for Hydrocarbon Exploration and Extraction in Shallow Waters, First Call-to-Bid) and/or in public bid number CNH-R01-L02/2015 (regarding the award of Production-Sharing Contracts for Hydrocarbon Exploration and Extraction in Shallow Waters, Second Call-to-Bid) will be considered to have automatically evidenced such aspects for this fourth bidding process. Finally, as previously mentioned, through the publication of this bidding process, all private companies (whether domestic or international), including Productive State Companies, are called to participate, pursuant to the provisions set forth in the rules of the bid, same which are available for consultation in the following website http://www.ronda1.gob.mx. In case of requiring further information, please contact the partner responsible for your affairs or one of the following attorneys. Mexico City Office: Juan Carlos Machorro G., [email protected] (Partner) Bernardino Arenas F., [email protected] (Associate) Cecilia Sarabia D., [email protected] (Associate) Tel: (+52 55) 5279-5400 Monterrey Office: Jorge Barrero S., [email protected] (Partner) Tel: (+52 81) 8133-6000 Tijuana Office: Aarón Levet V., [email protected] (Partner) Tel: (+52 664) 633-7070 Oficina Querétaro: José Ramón Ayala A., [email protected] (Partner) Tel: (+52 442) 290-0290 2
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