Use of technical information from hydrocarbons’ exploration and extraction activities
All companies that carry out hydrocarbons’ exploration and extraction (E&E) activities generate and use technical information as part of their operations. According to the Hydrocarbons Law, information belongs to the Nation. However, it is not easy to understand what to do and how to do it, whenever necessary to give access, demonstrate, share, or publish such information.
The Guidelines for the use and submission of information to the National Hydrocarbons Information Center (Guidelines) define the rights and obligations for the use of information. However, they do not specify all the requirements and procedures for each possible situation. In addition, it is necessary to complement the requirements with the terms and conditions of the different Licenses of Use of information.
In this one-pager, we present an analysis considering both the Guidelines and the Licenses of Use, complemented with the experience in their application by the National Hydrocarbon Information Center (CNIH) to provide a guide for the most common cases.
There are four ways to use the information and eight common cases.
In any of the cases presented, it is required to deliver the information to the CNIH. Following the provisions of the Guidelines and thus avoid obstacles in the procedures for using the information.
Except for publication in media or forums, there must always be a Non-Disclosure Agreement containing the minimum terms established in the Licenses of Use.
Conclusions and Recommendations
E&E information is a fundamental and valuable element; beyond analysis and application in technical activities. It also supports business, dissemination, and research processes.
The various use procedures will be evaluated as part of the supervision process carried out by the CNIH, so it is essential to do them correctly and keep the file with the original documents and related digital evidence at the authority’s disposal.
To carry out commercial operations, participate in forums, contract services or publish information, we recommend that the use of information must comply with the regulations to avoid penalties by the authority.
Did you know that there are eight types of Licenses of Use?
These Licenses are described in article 10 of the Guidelines and are generally grouped into two broad categories:
- a) The information contained in the CNIH.
Includes Modalities I to VI. They vary in validity and data type. They grant the right to use the information available at the CNIH, including its National Core Center or Litoteca.
- b) The information generated by ARES1 and E&E activities.
Includes Modalities VII and VIII. They are given the information that Authorized, Entitlement Holder, and Contractors generate and present to the CNIH.
1/ARES Reconnaissance and Surface Exploration Authorizations.
What is the difference between a License of Use and a Supplement?
- a) License of use
The document issued by the CNIH establishes the terms and conditions for the use of the information. It contains a unique key, the clauses related to the use, identification data, and Annexes A, B, and C.
- b) Supplement.
Annex A of the User License lists the specific data covered (received, delivered, or on loan), the amount paid (if applicable), and the validity.
Generally, only one License of Use is granted per company and modality, and each license may have several Supplements.
How can I obtain my License of Use of generated information?
The process we recommend is as follows:
- Submit data to CNIH in a correct and timely manner.
- Perform a validation with CNIH to ensure that the element is complete (well, survey, seismic, etc.) and that there are no more data to be submitted.
- Request the issuance of the License of Use/Supplement (the first time you will receive the license and supplement, the following times, only supplements, for each item submitted).
At Talanza, we are committed to facilitating compliance and proposing solutions that allow for greater understanding and efficiency in the development of oil activities in Mexico.