EX-99.D 2 d248493dex99d.htm CURRENT UNITED MEXICAN STATES DESCRIPTION Current United Mexican States Description

EXHIBIT D

 

TABLE OF CONTENTS   

INTRODUCTION

     D-2   

SUMMARY

     D-3   

MAP OF MEXICO

     D-5   

UNITED MEXICAN STATES

     D-6   

Area, Population and Society

     D-6   

Form of Government

     D-6   

Foreign Affairs

     D-9   

Political Reform

     D-10   

Internal Security

     D-10   

THE ECONOMY

     D-11   

National Development Plan

     D-11   

The Role of the Government in the Economy; Privatization

     D-13   

Gross Domestic Product

     D-18   

Prices and Wages

     D-22   

Interest Rates

     D-23   

Employment and Labor

     D-25   

PRINCIPAL SECTORS OF THE ECONOMY

     D-27   

Manufacturing

     D-27   

Petroleum and Petrochemicals

     D-29   

Tourism

     D-47   

Agriculture

     D-48   

Transportation and Communications

     D-50   

Construction

     D-51   

Mining

     D-51   

Electric Power

     D-52   

FINANCIAL SYSTEM

     D-53   

Central Bank and Monetary Policy

     D-53   

Banking System

     D-55   

Banking Supervision and Support

     D-56   

Credit Allocation by Sector

     D-62   

Insurance Companies, Mutual Funds and Auxiliary Credit Institutions

     D-62   

The Securities Markets

     D-63   

EXTERNAL SECTOR OF THE ECONOMY

     D-65   

Foreign Trade

     D-65   

Geographic Distribution of Trade

     D-67   

In-bond Industry

     D-68   

Balance of International Payments

     D-69   

Direct Foreign Investment in Mexico

     D-73   

Subscriptions to International Institutions

     D-74   

Exchange Controls and Foreign Exchange Rates

     D-75   

PUBLIC FINANCE

     D-77   

General

     D-77   

Fiscal Policy

     D-78   

2010 Budget

     D-80   

Revenues and Expenditures

     D-82   

Government Agencies and Enterprises

     D-92   

PUBLIC DEBT

     D-93   

General

     D-93   

Internal Public Debt

     D-93   

External Public Debt

     D-96   

Recent Securities Offerings

     D-97   

External Debt Restructuring and Debt and Debt Service Reduction Transactions

     D-99   

Debt Record

     D-102   

Tables and Supplementary Information

     D-103   

 

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INTRODUCTION

References herein to “U.S. $”, “$”, “U.S. dollars” or “dollars” are to United States dollars. References herein to “pesos” or “Ps.” are to the lawful currency of the United Mexican States (Mexico). References herein to “nominal” data are to data expressed in pesos that have not been adjusted for inflation, and references to “real” data are to data expressed in inflation-adjusted pesos. Unless otherwise indicated, U.S. dollar equivalents of peso amounts as of a specified date are based on the exchange rate for such date announced by Banco de México for the payment of obligations denominated in currencies other than pesos and payable within Mexico, and U.S. dollar equivalents of peso amounts for a specified period are based on the average of such announced daily exchange rates for such period. Banco de México calculates such announced rate daily on the basis of an average of rates obtained in a representative sample of financial institutions whose quotations reflect market conditions for wholesale operations. Banco de México uses this rate when calculating Mexico’s official economic statistics. The exchange rate announced by Banco de México on October 25, 2011 (to take effect on the second business day thereafter) was Ps. 13.4459 = U.S. $1.00. See “External Sector of the Economy—Exchange Controls and Foreign Exchange Rates.” Due to the volatility of the peso/dollar exchange rate, the exchange rate on any date subsequent to the date hereof could be materially different from the rate indicated above.

Under the Ley Monetaria de los Estados Unidos Mexicanos (Mexican Monetary Law), payments which should be made in Mexico in foreign currency, whether by agreement or upon a judgment of a Mexican court, may be discharged in pesos at the rate of exchange for pesos prevailing at the time of payment.

The fiscal year of the Federal Government of Mexico (the Government) ends December 31. The fiscal year ended December 31, 2010 is referred to herein as “2010” and other years are referred to in a similar manner.

 

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SUMMARY

The following summary does not purport to be complete and is qualified in its entirety by the more detailed information appearing elsewhere herein.

United Mexican States

 

    2006     2007     2008     2009(1)     2010(1)     First six
months of
2011(1)
 
    (in millions of dollars or pesos, except percentages)  

The Economy

           

Gross domestic product (GDP):

           

Nominal

  Ps.  10,379,091      Ps.  11,320,836      Ps.  12,181,256      Ps.  11,887,849      Ps.  13,075,798      Ps.  13,797,529 (2) 

Real(3)

  Ps. 8,531,973      Ps. 8,810,136      Ps. 8,915,030      Ps. 8,369,087      Ps. 8,820,038      Ps. 8,923,558 (2) 

Real GDP growth

    5.2     3.3     1.2     (6.1 )%      5.4     3.9 %(2) 

Increase in national consumer price index

    4.1     3.8     6.5     3.6     4.4     0.3

Merchandise export growth(4)

    16.7     8.8     7.2     (21.2 )%      29.9     21.3

Non-oil merchandise export growth(4)

    15.7     8.5     5.2     (17.4 )%      29.1     17.6

Oil export growth

    22.4     10.2     17.7     (39.1 )%      35.2     44.3

Oil exports as % of merchandise exports(4)

    15.6     15.8     17.4     13.4     14.0     16.3

Balance of payments:

           

Current account

  $ (4,487   $ (8,851   $ (16,339   $ (6,354   $ (5,665   $ (3,639

Trade balance

  $ (6,133   $ (10,074   $ (17,261   $ (4,681   $ (3,009   $ 3,340   

Capital account

  $ (2,479   $ 22,812      $ 28,280      $ 19,238      $ 36,661      $ 27,090   

Change in total reserves(5)

  $ (989   $ 10,311      $ 7,450      $ 5,397      $ 22,759      $ 15,753   

International reserves (end of period)(6)

  $ 67,680      $ 77,991      $ 85,441      $ 90,838      $ 113,597      $ 129,349   

Net international assets(7)

  $ 76,304      $ 87,235      $ 95,232      $ 99,870      $ 120,621      $ 133,926   

Ps./$ representative market exchange rate (end of period)(8)

    10.8116        10.9157        13.8325        13.0659        12.3496        11.7230   

28-day Cetes (Treasury bill) rate (% per annum)(9)

    7.2     7.2     7.7     5.4     4.4     4.2

Unemployment rate (end of period)

    3.5     3.4     4.3     4.8     4.9     5.4

 

     2006(3)     2007(3)     2008(3)     2009(3)     2010(1) (3)     First six
months of
2011(1)(3)
    Budget
2011(10)(3)
 
     (in billions of constant pesos, except percentages)  

Public Finance(11)

              

Budgetary public sector revenues

   Ps.  1,861      Ps.  1,935      Ps.  2,094      Ps.  1,984      Ps.  1,997      Ps.  985      Ps.  1,956   

As % of GDP

     21.9     22.0     23.5     23.8     22.6     21.8     21.6

Budgetary public sector expenditures

   Ps. 1,854      Ps. 1,933      Ps. 2,103      Ps. 2,175      Ps. 2,249      Ps.  1,070      Ps. 2,184   

As % of GDP

     21.7     21.9     23.6     26.0     25.5     23.6     24.1

Public sector balance as % of GDP(12)

     0.1     0.0     (0.1 )%      (2.3 )%      (2.8 )%      (1.8 )%      (2.5 )% 

Primary balance as % of GDP(12)

     2.5     2.2     1.8     (0.1 )%      (0.9 )%      0.3     (0.3 )% 

Operational balance as % of GDP(12)

     0.6     0.6     1.0     (1.6 )%      (2.0 )%      (1.7 )%      (1.9 )% 

 

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     December 31,     June  30,
2011(1)
 
     2006     2007     2008     2009     2010(1)    
     (in billions of dollars or pesos, except percentages)  

Public Debt(13)

            

Net internal Government debt(14)

   Ps.  1,547.1      Ps.  1,788.3      Ps.  2,332.7      Ps.  2,471.3      Ps.  2,808.9      Ps.  2,941.3   

Gross external public debt(15)

   $ 54.8      $ 55.4      $ 56.9      $ 96.4      $ 110.4      $ 111.1   

Long-term

   $ 53.9      $ 54.4      $ 55.7      $ 94.6      $ 108.1      $ 108.8   

Short-term

   $ 0.8      $ 0.9      $ 1.3      $ 1.8      $ 2.3      $ 2.3   

Public debt as % of nominal GDP:

            

Net internal Government debt(14)

     14.4     15.0     19.1     19.6     20.3     21.1

Gross external public debt(15)

     5.5     5.0     6.3     10.0     9.9     9.4

Total public debt as % of nominal GDP

     19.9     20.0     25.4     29.6     30.2     30.5

Interest on external public debt as % of merchandise exports (4)

     2.9     2.5     2.1     2.3     1.7     1.6

 

Note: Numbers may not total due to rounding.

(1) Preliminary.
(2) Annualized.
(3) Constant pesos with purchasing power as of December 31, 2003.
(4) Merchandise export figures include the maquiladora (or in-bond industry) and exclude tourism.
(5) Due to the impact of errors and omissions, as well as the purchases, sales and revaluation of bullion, figures for changes in total reserves do not reflect the sum of the current and capital accounts.
(6) “International reserves” are equivalent to gross international reserves minus international liabilities of Banco de México with maturities of less than six months.
(7) “Net international assets” are defined as (a) gross international reserves plus (b) assets with a maturity longer than six months derived from credit agreements with central banks, less (x) liabilities outstanding to the International Monetary Fund (IMF) and (y) liabilities with a maturity of less than six months derived from credit agreements with central banks.
(8) “Representative market rate” represents the end-of-period exchange rate announced by Banco de México for the payment of obligations denominated in currencies other than pesos and payable within Mexico.
(9) Annual average of weekly rates, calculated on a month-by-month basis.
(10) 2011 Budget figures represent budgetary estimates, based on the economic assumptions contained in the Criterios Generales de Política Económica (General Economic Policy Guidelines) for 2011 and in the Programa Económico 2011 (Economic Program 2011), and do not reflect actual results for 2011 or updated estimates of Mexico’s 2011 economic results. Percentages of GDP were calculated with a GDP projection made in 2010 using the method of calculation in effect since April 2008.
(11) Includes aggregate revenues and expenditures for the Government and budget controlled and administratively controlled agencies (each as defined below) but not off-budget revenues or expenditures.
(12) The definitions of “public sector balance,” “primary balance” and “operational balance” are discussed under “Public Finance—General—Measures of Fiscal Balance.” Each of the public sector balance, primary balance and operational balance excludes proceeds of privatizations.
(13) Includes direct debt of the Government, public sector debt guaranteed by the Government and other public sector debt, except as indicated.
(14) “Net internal debt” represents the internal debt directly incurred by the Government at the end of the period indicated, including Banco de México’s General Account Balance and the assets of the Fondo de Ahorro Para el Retiro (Retirement Savings System Fund), but excluding debt of budget controlled and administratively controlled agencies and debt guaranteed by the Government. In addition, net internal debt is comprised of securities sold to the public in primary auctions, but does not include debt allocated to Banco de México for its use in Regulación Monetaria (regulating the money supply). Banco de México’s sales of debt pursuant to Regulación Monetaria does not increase the Government’s overall level of internal debt, since Banco de México must reimburse the Government for any allocated debt that Banco de México sells in the secondary market and that is presented to the Government for payment. However, if Banco de México carries out a high volume of sales of allocated debt in the secondary market, this can result in the Government’s outstanding internal debt being higher than its outstanding net internal debt.
(15) External debt is presented herein on a “gross” basis and includes external obligations of the public sector at their full outstanding face or principal amounts at the end of the period indicated. For informational and statistical purposes, Mexico sometimes reports its external public sector debt on a “net” or “economic” basis, which is calculated as gross debt net of certain financial assets held abroad. These financial assets include the value of collateral securing principal and interest on bonds, as well as Mexican public sector external debt that is held by public sector entities but that has not been canceled. External public sector debt does not include (a) repurchase obligations of Banco de México with the International Monetary Fund (IMF), none of which were outstanding at June 30, 2011; (b) external borrowings by the public sector after June 30, 2011; and (c) loans from the Commodity Credit Corporation to private sector Mexican banks.

Source: Ministry of Finance and Public Credit.

 

D-4


MAP OF MEXICO

LOGO

 

D-5


UNITED MEXICAN STATES

Area, Population and Society

Mexico, a nation formed by 31 states and the Distrito Federal (Federal District) (comprising Mexico City), is the fifth largest nation in the Americas and the thirteenth largest in the world, occupying a territory of 758,446 square miles (1,964,375 square kilometers). To the north, Mexico shares a border of 1,959 miles (3,152 km) with the United States of America (the United States), and to the south it has borders with Guatemala and Belize. Its coastline extends over 6,911 miles (11,122 km) along the Gulf of Mexico and the Pacific Ocean.

Mexico is the third most populous nation in the Americas, with a population of 112.32 million as reported by the Instituto Nacional de Estadística y Geografía (National Institute of Statistics and Geography, or INEGI) in its 2010 housing and population census. Based on this census, approximately 77.8% of Mexico’s population lives in urban areas. Mexico’s three largest cities are Mexico City, Guadalajara and Monterrey, with estimated populations in 2005 of 19.2 million, 4.1 million and 3.7 million, respectively. The annual rate of population growth averaged 3.3% in the 1960s and 1970s. Beginning in the 1980s, the Government’s family planning and birth control efforts, together with declining birth rates among women under 35 and those living in urban areas, resulted in a reduction of the population growth rate. The estimated population growth rate for 2011 is 0.74%.

Mexico is generally classified as an upper middle-income developing country. The following table sets forth the latest selective comparative statistics published by the International Bank for Reconstruction and Development (the World Bank).

Selected Comparative Statistics

 

     Mexico     Brazil     Chile     Venezuela      United States  

Per capita GDP (2010)(1)

   $ 15,224.1      $ 11,127.1      $ 15,025.7      $ 11,956.5         $47,083.7   

Life expectancy at birth (2009)

     75.3        72.6        78.7        73.7         78.7   

Youth illiteracy rate (2009)(2)

           

Male

     1.3     2.8     0.9     n.a.         n.a.   

Female

     1.6     1.5     0.8     n.a.         n.a.   

Infant mortality rate (2009)(3)

     14.7        17.3        7.0        15.3         6.8   

 

n.a. = Not available.

(1) Figures are in U.S. dollars adjusted for purchasing power parity.
(2) Ages 15-24. The figures for Brazil and Chile correspond to 2008.
(3) Infant mortality per 1,000 live births.

Source: World Development Indicators 2010.

Form of Government

The present form of government was established by the Political Constitution of Mexico (the Constitution), which took effect on May 1, 1917. The Constitution provides that Mexico is a federal republic with separation of powers. The three branches of government are the executive, judicial and legislative branches. The President and the members of the Congreso de la Unión (Congress) are elected by popular vote of Mexican citizens who are 18 years of age or older. Members of Congress are elected either directly or through a system of proportional representation as described below.

The President is the chief of the executive branch of the Government. In accordance with Mexico’s electoral law, on September 5, 2006, the Tribunal Electoral del Poder Judicial de la Federación (Federal Electoral Court) officially validated the results of the presidential election held in Mexico on July 2, 2006, and declared Mr. Felipe de Jesús Calderón Hinojosa, a member of the Partido Acción Nacional (National Action Party, or PAN), President-elect. President Calderón took office on December 1, 2006 and his term expires on November 30, 2012. The Constitution limits the President to one six-year term and does not allow re-election for any additional terms. The next presidential election will occur on July 1, 2012.

 

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The executive branch of the Government consists of 18 ministries and the Procuraduría General de la República (Office of the Federal Attorney General). The President appoints the principal officials of all the ministries. The appointment of the empleados superiores (senior employees) of the Secretaría de Hacienda y Crédito Público (Ministry of Finance and Public Credit) is subject to ratification by the Senado de la República (Senate). On September 9, 2011, President Calderón appointed Mr. José Antonio Meade Kuribeña as Secretary of Finance and Public Credit.

The Federal Judiciary consists of the Suprema Corte de Justicia (Supreme Court), the Tribunales de Circuito (Circuit Courts), the Juzgados de Distrito (District Courts) and the Consejo de la Judicatura Federal (Council of the Federal Judiciary). The Supreme Court is composed of 11 justices, who serve 15-year staggered terms (except those justices appointed immediately after the constitutional amendments that took effect on December 31, 1994, who were appointed for varying terms of up to 20 years). The justices of the Supreme Court are elected by a vote of two-thirds of the Senate from a pool of three candidates nominated by the President. The position of Chief Justice of the Supreme Court is rotated among the justices, with each Chief Justice serving one four-year term. The Council of the Federal Judiciary, which is composed of seven members, one of whom is the Chief Justice of the Supreme Court, administers the Federal Judiciary and appoints magistrados (Circuit Court judges and District Court judges). The President appoints the Procurador General (Attorney General), subject to ratification by the Senate. The Office of the Federal Attorney General is autonomous.

In June 2008, the Constitution was amended to reform the criminal justice system. The reforms, which will be implemented over a period of eight years, include the following:

 

   

Mexico will transition to an accusatory system of criminal justice, in which defendants are presumed innocent until proven guilty. Closed-door proceedings conducted almost exclusively through written briefs will be replaced with oral trials open to the public. A specific judge will be named to follow each criminal proceeding through the sentencing phase and will be required to be present at every hearing.

 

   

In order to fight organized crime more effectively, local and state police departments will be granted powers of investigation, which were previously reserved to federal authorities. In addition, suspects of organized crimes may be held up to 80 days without being charged, and property used for organized criminal activities is subject to seizure by the government. Witness protection programs will be implemented to protect those who testify in trials of organized crime suspects and defendants who cooperate with prosecutors will be eligible for sentence reduction and other benefits.

 

   

The victims of criminal activity will be more directly involved in their proceedings and will also benefit from increased protection of their personal data, as well as access to legal assistance and medical and psychological assistance, when necessary.

 

   

A Sistema Nacional de Seguridad Pública (National Public Safety System) will be created. The new system is intended to ensure consistency across the federal, state and municipal levels of government, as well as in the rules for hiring, training, evaluating and certifying the country’s police officers.

 

   

The public defender system will be improved in order to ensure that all defendants are granted access to a suitable defense.

On June 6, 2011 the Constitution was amended to reform the constitutional right to appeal judicial actions (amparo) in Federal Courts in Mexico in order to improve the efficacy of amparo in the protection of human rights established in the Constitution. The principal reforms include the following:

 

   

The scope of amparo was expanded to provide a right to appeal not only violations of human rights contemplated by the Constitution but also those listed in international treaties to which Mexico is a signatory.

 

   

The action of collective amparo was introduced, whereby claims can be brought not only by individuals but also by groups of people.

 

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Amparo rights were extended to persons not only with “judicial interests” but also with “legitimate interests” in a proceeding.

 

   

In addition to issuing judgments on the merits of an amparo proceeding, the Supreme Court has been empowered to declare a law unconstitutional and have its application terminated if voted on by eight of the 11 members of the Court.

 

   

Parties who obtain favorable legal dispositions can now join amparo proceedings initiated by their adversaries in order to protect the original judgment granted.

 

   

The Executive and the Congress have been empowered to request that the Federal Judiciary resolve amparos, constitutional controversies and judgments of unconstitutionality expeditiously when the urgency of such resolution is justified on the grounds of social interest or public policy.

 

   

Statutes of limitations for amparo appeals were eliminated.

 

   

Sanctions were established for authorities that do not adhere to amparo judgments.

Legislative authority is vested in Congress, which is composed of the Senate and the Cámara de Diputados (Chamber of Deputies). Senators serve a six-year term, deputies serve a three-year term, and neither may serve consecutive terms in the same chamber. The Senate is composed of 128 members, 96 of whom are elected directly while the other 32 are elected through a system of proportional representation. The Chamber of Deputies is composed of 500 members, 300 of whom are elected directly by national electoral districts and 200 of whom are elected through a system of proportional representation that allocates those seats to political party representatives based on the proportion of the votes cast for those parties that receive at least 2.0% of the national vote. The Constitution provides that the President may veto bills and that Congress may override such vetoes with a two-thirds majority vote of each chamber.

The Partido Revolucionario Institucional (Institutional Revolutionary Party, or PRI) was the dominant political party in Mexico for several decades. From 1929 to 1994, the PRI won all presidential elections, and, from 1929 until July 1997, the PRI held a majority of the seats in both chambers of Congress. Until 1989, the PRI also won all of the state gubernatorial elections. In July 2000, the candidate from the Alianza por el Cambio (Alliance for Change), a coalition of the PAN, the oldest opposition party in the country, and the Partido Verde Ecologista de México (Ecological Green Party), won the presidential election. Elections for five of the 31 state governorships were held on January 30, 2011, February 6, 2011 and July 3, 2011. The PAN currently holds six state governorships, the Partido de la Revolución Democrática (Democratic Revolution Party, or PRD) holds two state governorships, as well as the governorship of the Federal District, the Coalición Por el Bien de Todos (Coalition for the Wellbeing of Everyone)—an alliance formed by the PRD, the Partido del Trabajo (Labor Party) and Convergencia (the Convergence Party)—holds one state governorship, and the alliance formed by PAN and PRD holds three state governorships. The PRI holds the remaining 19 state governorships.

In the mid-1990’s, the federal electoral process underwent changes aimed at increasing impartiality and political neutrality through the implementation of certain institutional mechanisms in 1994 and the ratification of several constitutional amendments in 1996. The changes included:

 

   

the establishment of the Instituto Federal Electoral (Federal Electoral Institute), an autonomous state agency in which the President may not participate and which the Constitution empowers to organize elections and resolve electoral disputes;

 

   

the elimination of the Electoral Committee of the Chamber of Deputies, which had been responsible for ratifying the results of presidential elections;

 

   

the introduction of holographic, tamper-proof photo voter identification cards, which discourage voter fraud and aid detection of fraud;

 

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the invitation of Mexican and foreign election observers to certify the electoral process;

 

   

the imposition of limits on expenditures on political campaigns and controls on the sources and uses of funds contributed to a political party;

 

   

the reduction from 315 to 300 of the maximum number of congressional representatives who may belong to a single party and the establishment of the current electoral procedure of proportional representation in the Senate; and

 

   

the integration into the judicial branch of the Federal Electoral Court, which had previously been part of the executive branch.

The 1996 amendments provided for the popular election of the Jefe de Gobierno del Distrito Federal (Chief of Government of the Federal District) and granted that official the authority to appoint the Procurador General de Justicia del Distrito Federal (Attorney General of the Federal District); both positions had previously been presidential appointments. In addition, Federal District legislative delegates, who represent the various boroughs of the Federal District, have been elected by popular vote since July 2000. In elections held in 1997, 2000 and 2006, candidates of the PRD were elected to the office of Chief of Government of the Federal District.

In 2005, Congress granted Mexican citizens residing abroad the right to vote in presidential elections via absentee ballot.

In the congressional election held on July 5, 2009, all of the seats in the Chamber of Deputies were up for election. The members of the Senate were elected on July 2, 2006. The following table provides the current distribution of congressional seats, reflecting certain post-election changes in the party affiliations of certain senators and deputies.

Party Representation in Congress

 

     Senate     Chamber of Deputies  
     Seats      % of Total     Seats      % of Total  

PAN

     50         39.1     142         28.5

PRI

     33         25.8        239         47.9   

PRD

     24         18.8        68         13.8   

Ecological Green Party

     7         5.5        23         4.6   

Convergence Party

     5         3.9        6         1.2   

Labor Party

     5         3.9        13         2.6   

Partido Nueva Alianza (New Alliance Party)

     0         0.0        7         1.4   

Unaffiliated

     4         3.1        1         0.2   
  

 

 

    

 

 

   

 

 

    

 

 

 

Total

     128         100.0     499         100.0
  

 

 

    

 

 

   

 

 

    

 

 

 

 

Note: Numbers may not total due to rounding.

Source: Chamber of Deputies and Senate.

Foreign Affairs

Mexico has diplomatic ties with 191 countries. It is a charter member of the United Nations and a founding member of the Organization of American States, the IMF, the World Bank, the International Finance Corporation and the Inter-American Development Bank (IADB). Mexico is also a non-borrowing regional member of the Caribbean Development Bank. In 1986, Mexico became a party to the General Agreement on Tariffs and Trade (GATT). In 1991, Mexico became a founding member of the European Bank for Reconstruction and Development and was admitted into the Pacific Basin Economic Co-operation Conference. Mexico is a signatory, along with Canada and the United States, of the North American Free Trade Agreement (NAFTA), which went into effect on January 1, 1994. On April 14, 1994, Mexico was admitted as a member of the Organization for Economic Cooperation and Development (OECD), making it the first new member to be admitted into that organization since 1973.

 

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Mexico became a member of the World Trade Organization (WTO) on January 1, 1995, the date on which the WTO superseded GATT. On July 1, 2000, a free trade agreement between Mexico and the European Union went into effect. Mexico also served as rotating member of the United Nations Security Council from January 1, 2002 to December 31, 2003 and presided over the Security Council during April 2003.

Political Reform

In the domestic political arena, the Government has from time to time renewed its efforts to resolve its differences with insurgents in the Chiapas region by facilitating their participation in the political process. On September 11, 1995, the Government and the insurgents reached an agreement pursuant to which both sides accepted a common political agenda and procedural rules and agreed to the creation of a working committee regarding the rights of indigenous peoples. An agreement on a series of measures aimed at enhancing and guaranteeing the rights of the indigenous population was signed on February 16, 1996. On August 14, 2001, amendments to certain articles of the Constitution related to indigenous cultures became effective. The amendments recognize the rights of indigenous villages and communities in Mexico and grant indigenous populations increased autonomy over their internal systems of social, economic, political and cultural organization. Talks with the insurgents are currently on hold.

Internal Security

During recent years, the Government has gradually heightened its efforts to combat organized crime, particularly as it relates to the activities of producing, processing and trafficking in narcotics. Specifically, the Government has implemented various security measures and has strengthened its military and police forces. During 2011, the Government appropriated Ps. 35.5 billion for expenditures related to internal security, an increase of 5.3% in real terms as compared to 2010. No government studies have been completed regarding the effect on the Mexican economy of narcotics trafficking and drug-related violence, including their effect on Mexican electoral politics or Mexican public finances. Nonetheless, the Government does not believe that narcotics trafficking and drug-related violence have had a material effect on the Mexican economy or on foreign investment flows to Mexico.

In 2011, INEGI published the Encuesta Nacional de Victimización y Percepción sobre Seguridad Pública 2011 (National Poll on Victimization and Perception of Public Security 2011, or ENVIPE), which, excluding federal crimes such as narcotics trafficking and organized crime, estimated that local crimes and related security measures cost Mexican households Ps. 211 billion in 2010, or approximately 1.53% of GDP.

 

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THE ECONOMY

National Development Plan

The Plan Nacional de Desarrollo 2007-2012 (National Development Plan), announced on May 31, 2007, established the basic goals and objectives of President Calderón during his six-year term.

The goals of the plan are to:

 

   

guarantee national security, as well as safeguard national peace, territorial integrity, independence and sovereignty, and to ensure the continued viability of the State and its democracy;

 

   

ensure the full application of the rule of law, fortify the institutional framework and strengthen a culture of respect for the law;

 

   

achieve sustained economic growth at a higher rate than in the past several years, and increase employment in the formal sector;

 

   

promote a competitive economy that offers quality goods and services at affordable prices;

 

   

reduce extreme poverty, assuring equality of opportunity for all Mexicans to improve their quality of life and access to basic services;

 

   

significantly reduce the persistent social, economic and cultural gaps among the population;

 

   

provide effective opportunities for Mexicans to exercise their rights as citizens, as well as to actively participate in the political, cultural, economic and social lives of their communities and nation;

 

   

ensure environmental sustainability;

 

   

consolidate a democratic regime; and

 

   

utilize the benefits of a globalized world to spur national development, while also promoting Mexico’s interests worldwide.

The basic strategy that the Government expects to employ in connection with the plan is based on a principle of “sustainable human development” and has the following objectives:

 

   

improve the quality of the educational system, making it relevant at all levels to employment and extending access to education to a greater percentage of the population;

 

   

promote economic growth and the competitiveness of the economy, and enhance the State’s ability to collect taxes in order to provide social programs for human development;

 

   

strengthen government institutions through viable and responsible citizen participation that reaches all public affairs and involves diverse forms of social and political organization;

 

   

observe policies aimed at political transparency and accountability;

 

   

promote policies contributing to the strengthening of families in matters of health, education, housing, culture and recreation; and

 

   

change Mexico’s environmental culture in order to conserve national resources.

 

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Program for Growth and Employment

The Programa para Impulsar el Crecimiento y el Empleo (Program for Growth and Employment), announced on October 8, 2008, was intended to mitigate the impact of the deterioration of the international economic environment on the Mexican economy. In creating this program, the Government expected that the extreme contraction of liquidity in the international financial markets and equity, debt and foreign exchange market volatility, as well as the economic recessions experienced by Mexico’s trading partners, were likely to have adverse effects on the Mexican economy, including:

 

   

a decrease in exports, remittances, tourism revenues and foreign direct investment inflows;

 

   

reduced availability of credit, as financial intermediaries adopted more conservative lending policies, thereby diminishing access to foreign credit; and

 

   

lower oil prices, leading to decreased public sector revenues.

The specific goals of the Program for Growth and Employment were to:

 

   

compensate for the expected lower Government revenues, which would ordinarily require a reduction in programmable expenditures;

 

   

stimulate economic activity and create jobs through a variety of infrastructure projects aimed at specific sectors such as education, housing and highways;

 

   

increase the availability of financing and credit, for financing infrastructure and for supporting small- and medium-sized firms, through the Mexican development banks; and

 

   

foster long-term economic growth.

The Mexican Government proposes to take or has already taken the following concrete measures in order to achieve the foregoing goals:

 

   

The Ley Federal de Presupuesto y Responsabilidad Hacendaria (Federal Law of Budget and Fiscal Accountability, or the LFPRH) was amended, effective with the 2009 fiscal year, to remove Petróleos Mexicanos and its four principal operating subsidiaries from the Government’s program for certain long-term productive infrastructure-related projects (Infraestructura Productiva de Largo Plazo, or PIDIREGAS), so that the PIDIREGAS-related debt incurred by Petróleos Mexicanos’ finance subsidiaries was assumed as direct public debt of Petróleos Mexicanos during 2009. These amendments also provided that the future infrastructure expenditures of Petróleos Mexicanos and its four principal operating subsidiaries would not be considered for purposes of the balanced budget principle set forth in the LFPRH, and would therefore be excluded from any comprehensive budget cuts required should public sector revenues decline. The purpose of these amendments was to create room for additional expenditures in 2009 and subsequent years.

 

   

Petróleos Mexicanos is permitted to apply resources held in the PEMEX Infrastructure Investment Stabilization Fund to begin the process for the construction of a new refinery and for other infrastructure projects. At June 30, 2011, the PEMEX Infrastructure Investment Stabilization Fund totaled approximately Ps. 1.3 billion.

 

   

The Mexican national development banks were authorized to employ their capital to increase the availability of credit by up to Ps. 35 billion – Ps. 23 billion through credit lines made available to financial intermediaries and Ps. 12 billion through guarantees of commercial bank loans, with Ps. 6 billion of the latter to be allocated as credit to small- and medium-sized enterprises. In addition, Nacional Financiera, S.N.C. (NAFIN) and Banco Nacional de Comercio Exterior, S.N.C. (Bancomext) were authorized to support the refinancing of commercial paper by issuing guarantees of up to Ps. 50 billion.

 

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Banco Nacional de Obras y Servicios Públicos, S.N.C. (Banobras) and the Fondo Nacional de Infraestructura (National Infrastructure Fund, or FONADIN) facilitated infrastructure projects, including new roads and suburban transit.

 

   

Credit to the agricultural sector was facilitated by (1) a temporary increase in the limits of indebtedness of financial intermediaries with development banks from 60% to 75% of the total liabilities of the intermediaries, (2) the creation of new guarantee programs through the Fondo Nacional de Guarantías (National Fund of Guarantees) to promote more than Ps. 20 billion of additional financing and (3) the provision of subsidies to lower the guarantee premiums normally applicable to medium- and long-term loans to finance the acquisition of fixed assets.

 

   

Approximately Ps. 40 billion of additional credit was made available to the housing sector through Sociedad Hipotecaria Federal, S.N.C. and NAFIN. In addition, Sociedad Hipotecaria Federal, S.N.C. in coordination with the IADB and the International Finance Corporation, continued to buy and sell mortgage-backed securities in order to add liquidity to the market.

 

   

The investment restrictions applicable to the private pension funds, or SIEFORES, were liberalized in order to channel a greater amount of resources to infrastructure projects and housing, as well as to finance small- and medium-sized enterprises, by permitting investments in subordinated debt and other structured instruments and strengthening conflicts of interest rules and risk concentration regulations.

 

   

The Programa de Compras del Gobierno Federal (Federal Government Purchase Program), which is administered by NAFIN was established to promote the participation of small- and medium-sized enterprises in purchases made by Government entities. Through this program, the Government provides financing, training, technical assistance and information, including access to Licitaldía, NAFIN’s electronic government contract bidding system, to aid small- and medium- sized enterprises in their procurement of government contracts. The program’s objective is to achieve a total of Ps. 72.0 billion in Government purchases of goods and services from small- and medium-size enterprises in 2011. At July 31, 2011, 60.8% of this objective had been completed.

 

   

With the objective of supporting employment, the access of businesses and households to credit, economic stability and growth, on April 1, 2009, Mexico’s Comisión de Cambios (Foreign Exchange Commission) requested from the IMF a one-year contingent credit line in the amount of approximately U.S. $48 billion. On April 17, 2009, the IMF formally granted Mexico’s request. In addition, on March 10, 2010, the Foreign Exchange Commission requested that the IMF renew the contingent credit line for an additional year, due to continued uncertainties related to global economic conditions and credit availability. On March 25, 2010, the IMF approved a one-year renewal of the contingent credit line. Subsequently, in December 2010, the Foreign Exchange Commission submitted a request for an advance renewal and amendment of the contingent credit line. On January 10, 2011, the IMF approved an advance renewal of the contingent credit line, thereby extending the term of the credit line to two years and increasing the amount available under the line to approximately U.S. $72 billion. As of the date of this Annual Report on Form 18-K, no amounts have been disbursed under this contingent credit line.

The Role of the Government in the Economy; Privatization

Overview

Over the past two decades, the Government has taken steps to increase the productivity and competitiveness of the economy through deregulation, privatization and increased private-sector investment. These measures have included constitutional amendments and related legislation that have allowed the Government to privatize railways and satellite communications, legislation permitting Mexican private-sector companies to take part in the storage, distribution and transportation of natural gas, privatization of airports, ports and highways and legislation on civil aviation that allows private companies to secure 30-year concessions to operate commercial air transportation services within Mexico.

 

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Since 1983, the Government has set as a priority the sale to the private sector of its interest in all non-strategic commercial enterprises. In 1982, the Government owned or controlled 1,155 enterprises. By August 11, 2011, the number of Government-owned or controlled entities stood at 197, of which 15 were in the process of being privatized. Of the 182 entities not in the process of being privatized, 67 were enterprises majority-owned by the Government (empresas de participación estatal mayoritaria), 96 were decentralized entities (organismos decentralizados) and 19 were trusts (fideicomisos).

In January 1995, the Government announced a comprehensive privatization program intended to give new impetus to the Government’s privatization efforts, which the Government views as a key element of Mexico’s structural economic reforms. Under the privatization program, the Government has achieved more effective regulatory reforms and improved coordination among the relevant agencies as compared to previous privatizations. In addition, Congress has enacted a series of laws that increase the scope for private and foreign participation in key sectors of the Mexican economy.

In September 1995, the Government created the Fondo de Inversión en Infraestructura (Infrastructure Investment Fund, or FINFRA), with the objective of encouraging greater private-sector participation in the construction of basic infrastructure, such as toll roads, ports, water-treatment plants, drainage and sanitation facilities. FINFRA participated with private investors in several infrastructure development projects in several states, including Guanajuato, México, Nuevo León, Veracruz, Coahuila, Puebla, Chiapas, Jalisco, Hidalgo, Sinaloa, Tlaxcala, Baja California Sur and Querétaro. In addition, in 2003 the Government created the Fondo Carretero (Highway Fund, or FONCAR), a sub-fund of FINFRA designed to set aside funds allocated specifically to the development of road and highway infrastructure throughout the country.

On February 6, 2008 the Government announced the creation of FONADIN to serve as a financial platform for developing infrastructure projects with the participation of the public, private and social sectors in the highway, ports, airports, railroads, urban mass transit, environment, tourism and water sectors. FONADIN was created through the merger of FINFRA and the Fideicomiso de Apoyo para el Rescate de Autopistas Concesionadas (the Fund for the Rescue of the Highways, or FARAC).

FONADIN’s main goals are to:

 

   

support the National Infrastructure Program;

 

   

maximize and facilitate the movement of private capital;

 

   

take risks that the market is not willing to take;

 

   

develop financially viable projects that have high social benefits and modest economic profitability; and

 

   

achieve competitive long-term financing.

In order to maximize its effectiveness, FONADIN offers and utilizes a variety of financial products that can be divided into two main categories: (i) non-recoverable, such as contributions and grants; and (ii) recoverable, such as venture capital, subordinated debt, guarantees and credit. From January 1, 2008 to December 31, 2010, FONADIN committed more than Ps. 56 billion of its resources to 63 infrastructure projects. It is expected that this financing will be the main driver behind an expected Ps. 158 billion of investment from the private sector (sometimes alongside FONADIN). More than 60 feasibility studies for the development of future projects have been conducted to date.

At December 31, 2010, FONADIN had Ps. 60 billion available for infrastructure projects.

 

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From January 1, 2009 to June 30, 2011, FONADIN allocated more than Ps. 3 billion to five private equity funds. These funds, together with debt financing, are expected to finance more than Ps. 18.6 billion in future infrastructure investments in different sectors. FONADIN has a total budget for 2011 of Ps. 10 billion for investments in private equity funds, of which Ps. 3.2 billion has been allocated as of September 30, 2011 and Ps. 2.7 billion may be allocated during the remainder of 2011. The remaining Ps. 4.1 billion are available for disbursement to fund managers who meet FONADIN’s criteria for approval.

Telecommunications

In June 1995, Congress enacted legislation to liberalize telecommunications in Mexico upon the expiration in August 1996 of the exclusive concession granted to Teléfonos de México, S.A. de C.V. (Telmex) to provide domestic and international telephone services in Mexico. Pursuant to the legislation, the Secretaría de Comunicaciones y Transportes (Ministry of Communications and Transportation) granted 30-year concessions (which may be extended for an additional 30 years) for the establishment and operation of public fixed-line telecommunications networks. No license fees were charged in connection with the granting of these concessions. In addition, the Government conducted auctions for 20-year concessions (which may be extended for an additional 20 years) to use portions of the radio spectrum to operate cellular telephone networks and for concessions to operate satellite telecommunications systems. Although the various concessions may only be granted to Mexican individuals and companies, foreigners generally may own up to 49% of the capital stock of these companies. In the case of concessions to operate cellular telephone systems, foreigners may increase their ownership beyond 49% with the approval of the Comisión Nacional de Inversiones Extranjeras (National Foreign Investment Commission). Concessionaires are free to establish rates for the services they provide. From January 1, 2003 through June 27, 2011, the Government granted 12 concessions for local fixed-line telecommunications networks, 83 concessions to operate fixed or mobile wireless networks and 15 concessions for long-distance telephone services. No concessions for cellular mobile telephone services have been granted since 2000.

On August 9, 1996, the Ministry of Communications and Transportation announced the creation of the Comisión Federal de Telecomunicaciones (Federal Telecommunications Commission), a decentralized administrative entity. This commission is responsible for the regulation and supervision of telecommunications services in Mexico, with goals of promoting competition, expanding available services and improving efficiency in this sector. The commission has been involved in the design and supervision of administrative policies, the issuance of technical standards and the undertaking of specialized analyses relating to telecommunications issues. In addition, the commission is coordinating processes to use and operate geo-stationary orbital positions and satellite orbits assigned to Mexico, including their frequency bands and rights to broadcast and receive signals. The commission has four members, including a chairman, appointed by the President of Mexico.

On October 24, 1997, Telefónica Autrey S.A. de C.V. and Loral Space & Communications Ltd. successfully bid to acquire 75% of the shares of Satélites Mexicanos (the Mexican national satellite company, or SATMEX), with the Government retaining the remaining 25% of the shares. In May 2005, certain creditors of the SATMEX filed an involuntary bankruptcy proceeding against the company in the United States under Chapter 11 of the United States Bankruptcy Code (Chapter 11) and, in June 2005, the company filed a voluntary Concurso Mercantil (Reorganization) proceeding in Mexico. The company and its creditors reached an agreement in July 2005, and in June 2006 the company announced that the required percentage of its creditors had approved an agreement regarding the company’s debt restructuring plan. The restructuring plan was approved in July 2006 in the Reorganization proceeding in Mexico. A Chapter 11 plan of reorganization implementing the restructuring was approved by the U.S. Bankruptcy Court in October 2006. Subsequent to SATMEX’s emergence from Chapter 11 in 2006, the Government retained approximately 4% of the equity shares of the company and, if the company were sold, the Government would have economic interests in an additional 16% of the shares. On April 6, 2011, SATMEX and its subsidiaries filed voluntary petitions for a prepackaged plan of reorganization under Chapter 11 under the company’s new capital structure, the Government directly or indirectly retains economic rights with respect to 20% of the shares of the company’s common stock. SATMEX expects to continue operations and expedite its emergence from bankruptcy through this reorganization.

 

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Natural Gas Industry

Effective May 12, 1995, Congress enacted amendments to the Ley de la Comisión Reguladora de Energía y Reglamento de Gas Natural (Energy Regulatory Commission and Natural Gas Regulation Law). The amendments provide that Mexican private sector companies (which may be owned by non-Mexican companies or individuals) may take part in the storage, distribution and transportation of natural gas and, to that end, may construct, own and operate natural gas pipelines, installations and equipment. From January 1, 2003 through October 20, 2010, the Government granted 80 natural gas transport concessions, four natural gas storage concessions and five natural gas distribution concessions.

Railways

In 1995, Congress enacted the Ley Reglamentaria del Servicio Ferroviario (Law Regulating Railway Services), pursuant to which 50-year concessions may be granted (which may be extended for up to an additional 50 years) to operate sections of Mexico’s railway system. Although only Mexican individuals or companies may hold railway concessions, foreigners may own up to 49% of the capital stock of these companies and may increase their ownership beyond this limit with the approval of the National Foreign Investment Commission. Pursuant to the 1995 law, the Government divided the railway system into three regional lines and one terminal in the Valley of Mexico, as well as several short lines. By the end of 1999, the three regional lines were sold, and 75% of the capital stock of the terminal in the Valley of Mexico was sold to the new owners of the three regional lines, with the Government retaining a 25% ownership interest in the terminal. Through this process, the Government granted concessions to private sector participants covering 98% of the country’s railway freight services (in terms of the volume of transportation services) and covering 81% of the railway network. No additional concessions have been granted since 1999.

During 2010, private and public investment in railway infrastructure, including resources from FONADIN, totaled Ps. 6.8 billion, which represents a decrease of 20.5% in real terms as compared with the investment during 2009. Some of these resources were used for the improvement of the Línea del Mayab railway of the Ferrocarril del Istmo de Tehuantepec.

Aviation

The Ley de Aviación Civil (Civil Aviation Law) provides that the Government may award 30-year concessions (which may be extended for an additional 30 years) to operate regularly scheduled commercial air transportation services within Mexico. Concessions may only be granted to Mexican companies, but foreigners may own up to 25% of the capital stock of these companies.

The Ley de Aeropuertos (Airports Law) allows for up to 49% foreign investment in Mexico’s airports, although higher participation percentages may be obtained with the approval of the National Foreign Investment Commission.

In December 1998, the Government sold 15% of the capital stock of Grupo Aeroportuario del Sureste, S.A.B. de C.V. – the company that owns the concessions to operate, maintain and develop nine airports in the southeast region of Mexico – to a consortium that included Triturados Basálticos y Derivados, S.A. de C.V., Copenhagen Airports A/S, Groupe GTM, S.A. and Cintra Concesiones de Infraestructura de Transporte, S.A. In September 2000, the remaining 85% of the capital stock of the company was sold through an initial public offering in Mexico and abroad.

In August 1999, the Government sold 15% of the capital stock of Grupo Aeroportuario del Pacífico, S.A.B. de C.V. – the company that owns the concessions to operate, maintain and develop 12 airports in the Pacific region of Mexico – to a consortium that included Aena Servicios Aeronáuticos, S.A., Aeropuerto del Pacífico Angeles, S.A. de C.V., Inversora del Noroeste, S.A. de C.V. and Grupo Dragados, S.A. On March 1, 2006, the Government sold its remaining 85% stake in the company through a public offering in Mexico and abroad.

 

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In May 2000, the Government sold 15% of the capital stock of Grupo Aeroportuario del Centro Norte, S.A.B. de C.V. – the company that owns the concessions to operate, maintain and develop 13 airports serving areas concentrated in Mexico’s central and northern regions– to a consortium that included Aéroports de Paris, Vinci and Ingenieros Civiles Asociados. In December 2005, the Government sold a 36% stake in the company to Empresas ICA, S.A. de C.V. and on December 4, 2006, the Government sold its remaining stake in Grupo Aeroportuario del Centro Norte, S.A.B. de C.V. through a public offering in Mexico and abroad.

In November 2005, Cintra, S.A. de C.V. (now known as Consorcio Aeroméxico, S.A. de C.V.), a company controlled by the Government and that owned the two most important Mexican airlines (Mexicana Airlines and Aeroméxico), sold Compañía Mexicana de Aviación, S.A. de C.V., which owns Mexicana Airlines, to Grupo Posadas, S.A. de C.V. for approximately U.S. $165 million plus debt and other liabilities. As a result of the sale, Aeroméxico became the principal asset of Consorcio Aeroméxico, S.A. de C.V.

In October 2007, the Instituto para la Protección del Ahorro Bancario (Bank Savings Protection Institute, or IPAB) and the Government sold their interests in Consorcio Aeroméxico, S.A.B. de C.V. to a group of investors organized as a trust constituted at Banco Nacional de México, S.A., for approximately Ps. 2.7 billion.

In August 2010, Compañía Mexicana de Aviación, S.A. de C.V. (Mexicana) filed for bankruptcy and ceased its operations, which resulted in a reduction in the number of international flights to and from Mexico. Nevertheless, in 2010 the number of airline passengers on international flights to and from Mexico increased by 3.2% as compared to 2009.

Electricity

The Government continues to promote private sector participation in various forms of electricity generation. A 1992 law allows private companies to generate electricity only for their own use or for sale to the Comisión Federal de Electricidad (Federal Electricity Commission, or CFE). In mid-1996, the first large co-generation project started in the state of Tamaulipas, opening the field for similar endeavors. With an estimated cost of over U.S. $650 million, a consortium of domestic and foreign investors built the Samalayuca II power plant in the state of Chihuahua, which is leased to CFE. The Government believes that increased private investment in the generation, distribution and transmission of electrical energy is necessary in order to increase Mexico’s electrical capacity and to ensure that Mexico will have a sufficient and reliable supply of adequately priced electricity in the long term.

In November 2008, Mexico passed the Ley para el Aprovechamiento de Energias Renovables y el Financiamiento de la Transición Energética (Renewable Energy Development and Financing for Energy Transition Law), in order to regulate and promote the development and use of clean and renewable energy technologies in Mexico, including the establishment of the Estrategia Nacional para la Transición Energética y el Aprovechamiento Sustentable de la Energía (National Strategy for Energy Transition and the Development of Sustainable Energy). As a result, Mexico’s fossil fuel-generated electricity declined by 2.85%, while its generation of electricity through hydroelectric power and through other alternative energy sources increased by 0.88% and 0.05%, respectively, since 2006. In 2012, Mexico plans to further reduce fossil fuel-generated electricity by 4.75% and increase renewable resource-generated electricity by 3.95%.

Insurance

On May 24, 2002, the Government completed its privatization of Aseguradora Hidalgo, S.A. (AHISA), an insurance company formerly owned by the Government and Petróleos Mexicanos. The Comisión Intersecretarial de Desincorporación (Inter-secretarial Privatization Commission) approved the sale of AHISA shares owned by the Government and by Petróleos Mexicanos to MetLife Inc. for Ps. 9.2 billion.

 

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Banking

On June 19, 2002, the Government and IPAB jointly carried out the sale of nearly all of their shares of Grupo Financiero BBVA Bancomer, S.A. de C.V. (BBVA Bancomer) in the domestic and international markets. On July 3, 2002, the Government and IPAB sold additional shares pursuant to an over-allotment option. The Government had retained a minority interest in BBVA Bancomer at the time of its privatization in 1991. IPAB had acquired its shares in connection with the purchase by BBVA Bancomer of Banca Promex, S.A. in 2000. The proceeds to the Government as a result of the sale totaled Ps. 6.5 billion for the shares sold internationally, Ps. 574 million for the shares sold in Mexico and U.S. $11 million for the shares sold in the United States in the form of American Depositary Shares (ADSs). The proceeds to IPAB as a result of the sale totaled Ps. 1.0 billion for the shares sold internationally, Ps. 88 million for the shares sold in Mexico and U.S. $2 million for the ADSs sold in the United States. From November 2002 through January 2003, the Government and IPAB sold their remaining shares of BBVA Bancomer for total net proceeds of Ps. 444 million for the Government and Ps. 68 million for IPAB.

On December 12, 2002, Congress approved the dissolution and liquidation of Banco Nacional de Crédito Rural, S.N.C., a governmental development bank.

Gross Domestic Product

Mexico’s GDP increased by 3.3% in real terms during 2007, as compared with 2006. The agriculture, forestry, fishing and hunting sector grew by 2.3%; the utilities sector grew by 3.7%; the construction sector grew by 4.4%; the manufacturing sector grew by 1.7%; the wholesale and retail trade sector grew by 5.0%; the transportation and warehousing sector grew by 3.7%; the information sector grew by 11.6%; the finance and insurance sector grew by 13.9%; the real estate, rental and leasing sector grew by 3.1%; professional, scientific and technical services grew by 3.1%; administrative and support and waste management and remediation services grew by 3.1%; education services grew by 1.9%; health care and social assistance grew by 2.5%; arts, entertainment and recreation grew by 3.1%; accommodation and food services grew by 2.6%; other services (except public administration) grew by 3.9%; and public administration grew by 1.7%, each in real terms as compared to 2006. However, the mining sector decreased by 0.2% and management of companies and enterprises decreased by 3.0%, each in real terms as compared to 2006.

Mexico’s GDP grew by 1.2% in real terms during 2008, as compared with 2007. The reduction in GDP growth was caused by a decrease in external demand, which resulted in decreased production of commercial and non-commercial goods and a reduction in domestic spending. The agriculture, forestry, fishing and hunting sector grew by 1.2%; the construction sector grew by 3.1%; the wholesale and retail trade sector grew by 0.9%; the transportation and warehousing sector remained unaltered; the information sector grew by 8.0%; the finance and insurance sector grew by 12.8%; the real estate, rental and leasing sector grew by 3.0%; professional, scientific and technical services grew by 3.0%; management of companies and enterprises grew by 14.0%; administrative and support and waste management and remediation services grew by 1.6%; education services grew by 0.8%; arts, entertainment and recreation grew by 1.5%; accommodation and food services grew by 0.9%; other services (except public administration) grew by 0.7%; and public administration grew by 1.1%, each in real terms as compared to 2007. However, the mining sector decreased by 1.7%; the utilities sector decreased by 2.3%; the manufacturing sector decreased by 0.7%; and health care and social assistance decreased by 1.5%, each in real terms as compared to 2007.

According to preliminary figures, Mexico’s GDP decreased by 6.1% in real terms during 2009, as compared with 2008. This contraction in GDP was caused by a decrease in external demand resulting from the global economic recession, which led to a significant reduction in Mexican exports, mainly in the automobile and electronics sectors. In addition, during the second quarter of 2009, the A/H1N1 influenza outbreak temporarily affected economic activity in several sectors, especially those related to tourism and leisure. Global economic activity began to stimulate growth beginning in the second half of 2009, after a deep contraction observed in the previous six months. This sustained growth was driven by fiscal and monetary stimulus programs implemented in many advanced economies and in some emerging market countries, as well as the several measures taken to stabilize the operation of the international financial system. Finally, the Mexican Government undertook a number of measures to mitigate the effects of the global financial crisis in Mexico.

During 2009, the utilities sector grew by 2.0%; the information sector increased by 0.8%; education services grew by 0.5%; health care and social assistance increased by 0.8%; and public administration increased by 4.8%, each in real terms as compared to 2008.

 

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In contrast, the agriculture, forestry, fishing and hunting sector decreased by 2.2%; the mining sector decreased by 2.9%; the construction sector decreased by 7.3%; the manufacturing sector decreased by 9.8%; the wholesale and retail trade sector decreased by 14.1%; the transportation and warehousing sector decreased by 6.5%; the finance and insurance sector decreased by 4.5%; the real estate, rental and leasing sector decreased by 1.6%; professional, scientific and technical services decreased by 5.1%; management of companies and enterprises decreased by 8.1%; administrative support, waste management and remediation services decreased by 4.8%; arts, entertainment and recreation decreased by 4.6%; accommodation and food services decreased by 7.7%; and other services (except public administration) decreased by 1.1%, each in real terms as compared to 2008.

According to preliminary figures, Mexico’s GDP increased by 5.4% in real terms during 2010, as compared with 2009, as a result of the positive impact of increased external demand on the manufacturing and services sectors. The agriculture, forestry, fishing and hunting sector grew by 3.3%; the mining sector grew by 2.2%; the utilities sector grew by 2.4%; the construction sector remained unchanged; the manufacturing sector grew by 9.9%; the wholesale and retail trade sector grew by 13.3%; the transportation and warehousing sector grew by 6.4%; the information sector grew by 5.6%; the finance and insurance sector grew by 2.7%; the real estate, rental and leasing sector grew by 1.7%; management of companies and enterprises grew by 2.0%; administrative and support and waste management and remediation services grew by 1.4%; education services grew by 3.0%; arts, entertainment and recreation grew by 1.9%; accommodation and food services grew by 3.8%; other services (except public administration) grew by 0.6%; and public administration grew by 4.4%, each in real terms as compared to 2009. However, professional, scientific and technical services decreased by 3.0% and health care and social assistance decreased by 1.7%; each in real terms as compared to 2009.

According to preliminary figures, GDP grew by 3.9% in real terms during the first six months of 2011, as compared with the same period of 2010. The utilities sector grew by 7.9%; the construction sector grew by 4.1%; the manufacturing sector grew by 6.1%; the wholesale and retail trade sector grew by 8.4%; the transportation and warehousing sector grew by 3.4%; the information sector grew by 6.5%; the finance and insurance sector grew by 2.1%; the real estate, rental and leasing sector grew by 2.0%; professional, scientific and technical services grew by 5.2%; management of companies and enterprises grew by 4.2%; administrative and support and waste management and remediation services grew by 4.1%; education services grew by 1.1%; health care and social assistance grew by 1.0%; arts, entertainment and recreation grew by 5.8%; accommodation and food services grew by 1.5%; and other services (except public administration) grew by 3.7%, each in real terms as compared to the first six months of 2010. However, the agriculture, forestry, fishing and hunting sector decreased by 1.0%; the mining sector decreased by 2.8%; and public administration decreased by 2.1%, each in real terms as compared to the first six months of 2010.

 

D-19


The following tables set forth real GDP and expenditures, in constant pesos and percentage terms, for the periods indicated.

Real GDP and Expenditures

 

     2006      2007      2008     2009(1)     2010(1)     First six
months of
2011(1)
 
     (in billions of constant pesos)(2)  

GDP

   Ps.  8,532.0       Ps.  8,810.1       Ps. 8,915.0      Ps. 8,369.1      Ps. 8,820.0      Ps.  8,923.6   

Add: Imports of goods and services

     2,740.0         2,934.0         3,016.3        2,454.1        3,030.1        3,103.9   
  

 

 

    

 

 

    

 

 

   

 

 

   

 

 

   

 

 

 

Total supply of goods and services

     11,272.0         11,744.1         11,931.3        10,823.2        11,850.2        12,027.5   

Less: Exports of goods and services

     2,529.7         2,675.1         2,687.2        2,318.2        2,912.4        3,100.3   
  

 

 

    

 

 

    

 

 

   

 

 

   

 

 

   

 

 

 

Total goods and services available for domestic expenditure

   Ps. 8,742.2       Ps. 9,069.0       Ps. 9,244.1      Ps. 8,505.1      Ps. 8,937.8      Ps. 8,927.2   

Allocation of total goods and services:

              

Private consumption

     5,897.9         6,133.1         6,238.7        5,792.1        6,080.3        6,083.2   

Public consumption

     907.8         935.7         945.8        981.4        1,008.6        1,001.0   
  

 

 

    

 

 

    

 

 

   

 

 

   

 

 

   

 

 

 

Total consumption

     6,805.7         7,068.7         7,184.6        6,773.6        7,088.9        7,084.3   

Total gross fixed investment

     1,824.9         1,951.6         2,066.0        1,820.0        1,863.2        1,939.6   

Changes in inventory

     111.6         48.7         (6.4     (88.6     (14.3     (96.7
  

 

 

    

 

 

    

 

 

   

 

 

   

 

 

   

 

 

 

Total domestic expenditures

   Ps. 8,742.2       Ps. 9,069.0       Ps.  9,244.1      Ps. 8,505.1      Ps.  8,937.8      Ps. 8,927.2   
  

 

 

    

 

 

    

 

 

   

 

 

   

 

 

   

 

 

 

 

Note: Numbers may not total due to rounding.

(1) Preliminary. GDP figures for the first six months of 2011 have been annualized.
(2) Constant pesos with purchasing power at December 31, 2003.

Source: INEGI.

Real GDP and Expenditures

 

     2006     2007     2008     2009(1)     2010(1)     First six
months of
2011(1)
 
     (as a percentage of total GDP)(2)  

GDP

     100.0     100.0     100.0     100.0     100.0     100.0

Add: Imports of goods and services

     32.1        33.3        33.8        29.3        34.4        34.8   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total supply of goods and services

     132.1        133.3        133.8        129.3        134.4        134.8   

Less: Exports of goods and services

     29.6        30.4        30.1        27.7        33.0        34.7   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total goods and services available for domestic expenditures

     102.5     102.9     103.7     101.6     101.3     100.0

Allocation of total goods and services:

            

Private consumption

     69.1     69.6     70.0     69.2     68.9     68.2

Public consumption

     10.6        10.6        10.6        11.7        11.4        11.2   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total consumption

     79.8        80.2        80.6        80.9        80.4        79.4   

Total gross fixed investment

     21.4        22.2        23.2        21.7        21.1        21.7   

Changes in inventory

     1.3        0.6        (0.1     (1.1     (0.2     (1.1
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total domestic expenditures

     102.5     102.9     103.7     101.6     101.3     100.0
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Annual percentage increase (decrease) in GDP in constant 2003 prices(2)

     5.2     3.3     1.2     (6.1 )%      5.4     3.9

 

Note: Numbers may not total due to rounding.

(1) Preliminary. GDP figures for the first six months of 2011 have been annualized.
(2) Constant pesos with purchasing power at December 31, 2003.

Source: INEGI.

 

D-20


The following table sets forth the composition of Mexico’s real GDP by economic sector for the periods indicated.

Real GDP by Sector

 

     2006      2007      2008      2009(1)      2010(1)      First six
months of
2011(1)
 
     (in billions of constant pesos)(2)  

Primary Activities:

                 

Agriculture, forestry, fishing and hunting(3)

   Ps.  303.3       Ps.  310.4       Ps.  314.2       Ps.  307.4       Ps.  317.5       Ps.  309.1   

Secondary Activities:

                 

Mining

     453.9         452.8         445.3         432.4         441.9         430.3   

Utilities

     113.4         117.6         114.9         117.2         120.1         124.3   

Construction

     554.2         578.4         596.2         552.7         552.8         566.4   

Manufacturing

     1,533.9         1,560.5         1,549.1         1,397.5         1,535.9         1,596.4   

Tertiary activities:

                 

Wholesale and retail trade

     1,301.3         1,367.0         1,379.8         1,185.8         1,344.1         1,412.5   

Transportation and warehousing

     594.5         616.8         616.9         576.9         613.9         620.6   

Information

     267.4         298.4         322.4         325.0         343.2         353.3   

Finance and insurance

     304.1         346.2         390.3         372.8         383.0         392.4   

Real estate, rental and leasing

     881.0         908.1         935.3         920.6         936.5         921.7   

Professional, scientific and technical services

     289.6         298.6         307.6         292.0         283.3         268.6   

Management of companies and enterprises

     35.7         34.6         39.4         36.2         37.0         35.1   

Administrative and support and waste management and remediation services

     217.1         223.8         227.5         216.4         219.5         205.0   

Education services

     387.8         395.0         398.4         400.3         412.2         410.4   

Health care and social assistance

     245.8         252.0         248.1         250.0         245.7         243.5   

Arts, entertainment and recreation

     33.0         34.0         34.5         32.9         33.5         28.6   

Accommodation and food services

     225.0         230.8         232.7         214.9         223.1         227.0   

Other services (except public administration)

     222.1         230.8         232.3         229.7         231.1         233.5   

Public administration

     319.7         325.3         328.9         344.8         360.0         357.7   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

Subtotal

     8,282.9         8,581.0         8,713.9         8,205.6         8,634.2         8,736.4   

Less adjustment for banking services

     195.1         230.2         263.7         272.5         273.7         277.7   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

Gross value added at basic values

     8,087.8         8,350.8         8,450.2         7,933.1         8,360.5         8,458.7   

Taxes on products, net of subsidies

     444.2         459.3         464.8         436.0         459.5         464.9   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

GDP

   Ps.  8,532.0       Ps.  8,810.1       Ps.  8,915.0       Ps.  8,369.1       Ps.  8,820.0       Ps.  8,923.6   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

 

Note: Numbers may not total due to rounding.

(1) Preliminary. GDP figures for the first six months of 2011 have been annualized.
(2) Constant pesos with purchasing power at December 31, 2003.
(3) GDP figures relating to agricultural production set forth in this table and elsewhere herein are based on figures for “agricultural years,” with the definition of the relevant “agricultural year” varying from crop to crop based on the season during which it is grown. Calendar year figures are used for the other components of GDP.

Source: INEGI.

 

D-21


The following table sets forth the change in Mexico’s real GDP growth by sector for the periods indicated.

Real GDP Growth by Sector(1)

 

     2006     2007     2008     2009(2)     2010(2)     First six
months of
2011(2)(3)
 

GDP (constant 2003 prices)

     5.2     3.3     1.2     (6.1 )%      5.4     3.9

Primary Activities:

            

Agriculture, forestry, fishing and hunting

     6.3        2.3        1.2        (2.2     3.3        (1.0

Secondary Activities:

            

Mining

     1.4        (0.2     (1.7     (2.9     2.2        (2.8

Utilities

     12.2        3.7        (2.3     2.0        2.4        7.9   

Construction

     7.8        4.4        3.1        (7.3     0.0        4.1   

Manufacturing

     5.9        1.7        (0.7     (9.8     9.9        6.1   

Tertiary activities:

            

Wholesale and retail trade

     6.5        5.0        0.9        (14.1     13.3        8.4   

Transportation and warehousing

     5.8        3.7        0.0        (6.5     6.4        3.4   

Information

     10.7        11.6        8.0        0.8        5.6        6.5   

Finance and insurance

     16.3        13.9        12.8        (4.5     2.7        2.1   

Real estate, rental and leasing

     4.1        3.1        3.0        (1.6     1.7        2.0   

Professional, scientific and technical services

     3.0        3.1        3.0        (5.1     (3.0     5.2   

Management of companies and enterprises

     20.1        (3.0     14.0        (8.1     2.0        4.2   

Administrative and support and waste management and remediation services

     3.7        3.1        1.6        (4.8     1.4        4.1   

Education services

     0.1        1.9        0.8        0.5        3.0        1.1   

Health care and social assistance

     7.8        2.5        (1.5     0.8        (1.7     1.0   

Arts, entertainment and recreation

     2.3        3.1        1.5        (4.6     1.9        5.8   

Accommodation and food services

     1.6        2.6        0.9        (7.7     3.8        1.5   

Other services (except public administration)

     3.3        3.9        0.7        (1.1     0.6        3.7   

Public administration

     0.1        1.7        1.1        4.8        4.4        (2.1

 

Note: Numbers may not total due to rounding.

(1) Based on GDP calculated in constant 2003 pesos.
(2) Preliminary. GDP figures for the first six months of 2011 have been annualized.
(3) First six months of 2011 results as compared to the same period of 2010.

Source: INEGI.

Prices and Wages

Over the medium term, the Government is committed to reversing the decline in real wages experienced in the 1990s through control of inflation, a controlled gradual upward adjustment of wages and a reduction in income taxes for the lower income brackets. The fiscal and monetary policies implemented by the Government following the 1995 peso devaluation and subsequent crisis succeeded in lowering inflation (as measured by the increase in the national consumer price index, or NCPI) from 52.0% in 1995 to 15.7% in 1997.

Consumer inflation during 2008 was 6.5%, 3.5 percentage points higher than inflation as estimated in the budget for that year and 2.8 percentage points higher than during 2007. The performance of inflation in 2008 was mainly due to increases in the prices of energy and food, as well as the variation in prices of goods as a result of the depreciation of the peso against the dollar.

 

D-22


Consumer inflation during 2009 was 3.6%, 0.3 percentage points higher than inflation as estimated in the budget for that year and 3.0 percentage points lower than during 2008. Inflation in 2009 followed a downward trend due to the relatively low economic activity and an environment characterized by the absence of demand pressures.

Consumer inflation during 2010 was 4.4%, 1.1 percentage points higher than inflation as estimated in the budget for that year and 0.8 percentage points higher than during 2009. Inflation in 2010 was higher than the amount estimated in the budget for that year due to (1) the appreciation of the Mexican peso against the U.S. dollar; (2) a positive output gap (i.e., growth of aggregate demand exceeded growth of aggregate supply); and (3) moderate wage increases, among other factors.

Inflation for the nine months ended September 30, 2011 was 1.2%, 1.2 percentage points lower than during the same period of 2010.

Producer prices (excluding prices of the oil and services sectors) rose by 4.7% during 2010, 0.6 percentage points higher than the increase observed during 2009.

The following table shows, in percentage terms, the changes in price indices and annual increases in the minimum wage for the periods indicated.

Changes in Price Indices

 

     National Producer
Price Index(1)
    National Consumer
Price Index(1)
    Increase in
Minimum Wage
 

2006

     7.3     4.1     4.0

2007

     5.4        3.8        3.9   

2008

     7.8        6.5        4.0   

2009

     4.1        3.6        4.6   

2010

     4.7        4.4        4.9   

2011

      

January

     0.7        0.5        4.1   

February

     1.1        0.4        0.0   

March

     1.2        0.2        0.0   

April

     0.1        0.0        0.0   

May

     (0.9     (0.7     0.0   

June

     0.5        0.0        0.0   

July

     0.7        0.5        0.0   

August

     0.5        0.2        0.0   

September

     1.4        0.2        0.0   

 

(1) For annual figures, changes in price indices are calculated from December to December. For monthly figures, changes in price indices are measured from the end of the previous month.

Sources: Banco de México; Ministry of Labor.

Interest Rates

During 2007, interest rates on 28-day Cetes (Treasury bills) averaged 7.2% and interest rates on 91-day Cetes averaged 7.4%, the same as the average rate on 28-day Cetes and 0.1 percentage points higher than the average rate on 91-day Cetes during 2006. Interest rates rose during the second half of the year, primarily as a result of an increase in inflationary pressures and the volatility of the international financial markets due to the U.S. subprime crisis.

During 2008, interest rates on 28-day Cetes averaged 7.7% and interest rates on 91-day Cetes averaged 7.9%, as compared with average rates on 28-day and 91-day Cetes of 7.2% and 7.4%, respectively, during the same period of 2007.

During 2009, interest rates on 28-day Cetes averaged 5.4% and interest rates on 91-day Cetes averaged 5.5%, as compared with average rates on 28-day and 91-day Cetes of 7.7% and 7.9%, respectively, during 2008. These decreases in interest rates were primarily due to several reductions by Banco de México of the minimum overnight funding rate during the first seven months of 2009.

 

D-23


During 2010, interest rates on 28-day Cetes averaged 4.4% and interest rates on 91-day Cetes averaged 4.6%, as compared with average rates on 28-day and 91-day Cetes of 5.4% and 5.5%, respectively, during 2009.

During the first nine months of 2011, interest rates on 28-day Cetes averaged 4.2% and interest rates on 91-day Cetes averaged 4.3%, as compared with average rates on 28-day and on 91-day Cetes of 4.5% and 4.6%, respectively during the same period of 2010. On October 20, 2011, the 28-day Cetes rate was 4.4% and the 91-day Cetes rate was 4.4%.

Since March 1995, Banco de México has published an interest rate called the tasa de interés interbancaria de equilibrio (the equilibrium interest rate, or TIIE). The TIIE is calculated for 28 days and 91 days as the interest rate at which the supply and demand for funds in the domestic financial market reach equilibrium. By contrast, the costo porcentual promedio (the average weighted cost of term deposits for commercial banks, or CPP), an alternative measure of interest rates, lags somewhat behind current market conditions.

The following table sets forth the average interest rates per annum on 28-day and 91-day Cetes, the CPP and the 28-day and 91-day TIIE for the periods indicated.

Average Cetes, CPP and TIIE Rates

 

     28-Day
Cetes
    91-Day
Cetes
    CPP     28-Day
TIIE
    91-Day
TIIE
 

2006:

          

January-June

     7.3     7.4     5.4     7.7     7.8

July-December

     7.0        7.2        4.9        7.3        7.6   

2007:

          

January-June

     7.1        7.3        4.9        7.5        7.7   

July-December

     7.3        7.5        5.1        7.8        7.9   

2008:

          

January-June

     7.5        7.6        5.4        7.9        8.0   

July-December

     7.9        8.2        6.0        8.6        8.7   

2009:

          

January-June

     6.3        6.4        5.0        7.0        6.9   

July-December

     4.5        4.6        3.5        4.9        5.0   

2010:

          

January-June

     4.5        4.6        3.4        4.9        5.0   

July-December

     4.3        4.5        3.4        4.9        5.0   

2011:

          

January

     4.1        4.4        3.3        4.9        4.9   

February

     4.0        4.3        3.3        4.8        4.9   

March

     4.3        4.3        3.3        4.8        4.9   

April

     4.3        4.4        3.4        4.9        4.9   

May

     4.3        4.5        3.4        4.9        4.9   

June

     4.4        4.4        3.4        4.9        4.9   

July

     4.1        4.3        3.4        4.8        4.9   

August

     4.1        4.2        3.3        4.8        4.9   

September

     4.2        4.3        3.3        4.8        4.8   

 

Source: Banco de México.

 

D-24


Employment and Labor

The number of permanent workers insured by the Instituto Mexicano del Seguro Social (the Mexican Institute of Social Security), which is an indicator of employment in the “formal” sector of the economy, was 12,640,250 at December 31, 2010, an increase of 323,170 from the level recorded at the end of 2009. According to preliminary information, the Tasa de Desocupación Abierta (open unemployment rate)1 was 4.9% at December 31, 2010, or 0.1 percentage points higher than the rate registered at December 31, 2009. In 2010, the average unemployment rate was 5.4%, a decrease of 0.1 percentage points from the average unemployment rate in 2009.

According to preliminary figures, the unemployment rate was 5.8% at August 31, 2011, which represents an increase of 0.4 percentage points as compared to the unemployment rate at August 31, 2010.

Unemployment has been, and continues to be, particularly widespread in rural areas, where, according to the 2010 housing and population census, approximately 22.2% of the population resides. Since the early 1990s, Mexico’s trade liberalization policies and the implementation of NAFTA have produced structural changes in the economy that have generated unemployment. Mexico does not have an unemployment benefits scheme or a fully developed social welfare system. The Government is committed to fostering an economic environment that will generate employment opportunities for the large number of people expected to enter the labor force in the medium term. However, the Government recognizes that addressing Mexico’s significant unemployment and underemployment problem is likely to continue to be an important challenge.

In some regions of Mexico, especially where industrial growth has been rapid, industry has experienced a shortage of skilled labor and management personnel, as well as high turnover rates. Since 1978, the Government has sought to address these problems through legislation requiring in-house training programs, the costs of which are tax deductible. The Government recognizes that further significant investment in worker training will be required.

A significant portion of the Mexican work force is unionized. Mexican labor legislation requires that collective bargaining agreements be renewed at least every two years (with wages subject to renegotiation annually) and contains certain legal limitations on strikes. Approximately 0.001% of total working days in 2010 was lost due to strikes, down from 0.007% of total working days lost in 2009.

Mexico’s minimum wage is set by the Comisión Nacional de los Salarios Mínimos (National Minimum Wage Commission), which consists of representatives of business, labor and the Government. The minimum wage was increased by 4.1% on January 1, 2011. Mexican law also requires industry to provide substantial worker benefits, including mandatory profit sharing through a distribution of 10% of pre-tax profits to workers. Other benefits include mandatory participation in the pension fund and worker housing fund systems.

The Ley del Seguro Social (Social Security Law) and Ley del Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado (Law of the Institute for Social Security and Social Services of Government Workers), which we refer to collectively as the Social Security Laws, require employers (including government entity employers) to deposit with a credit institution selected by the employer an amount equal to 2% of each worker’s base salary. The amount contributed on behalf of each worker forms a retirement sub-account that, together with the housing sub-account described below, constitutes a single account for each worker. Sums contributed to a worker’s retirement sub-account may be withdrawn only when the worker retires or becomes permanently disabled. In addition, since 1997, each worker has been allowed to maintain an independent retirement account managed by an approved retirement fund manager. The retirement fund managers are financial institutions established, subject to Government approval, to administer individual pension accounts and manage mutual funds known as Sociedades de Inversión Especializadas de Fondos para el Retiro (Specialized Retirement Mutual Investment Funds). A majority of the outstanding shares of each retirement fund manager must be owned by Mexican persons, and no single person may acquire control over more than 10% of any class of shares. This retirement savings system was designed both to improve the economic condition of Mexican workers and to promote long-term savings in the economy, providing financing for investment projects in both the public and private sectors.

 

1  The unemployment rate is a measure of the proportion of unemployed persons during the reference period that are older than 14 years of age and actively sought work during the preceding month, relative to the economically active population, i.e., all persons older than 14 who worked during the reference period, or were unemployed during the reference period and actively sought work during the preceding month.

 

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The Ley del Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado (ISSSTE Law) became effective on March 31, 2007. Federal employees hired after the enactment of the law were required to join a new fully funded pension system created by the law, while then-current federal employees were allowed to choose between that new system and the existing pay-as-you-go pension system. These changes to the ISSSTE pension system have been essential in helping the Government address the difficult financial situation of the Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado (ISSSTE), and of the healthcare and pension systems for federal employees.

The ISSSTE Law provides ISSSTE with additional means to accomplish its goals. In addition, the Government expects the ISSSTE Law to contribute to economic growth and social welfare by increasing domestic savings, especially long-term savings, and should reduce ISSSTE’s costs over time. This law gives workers the right to transfer their retirement contributions and seniority credits between the private and public healthcare and pension systems, encouraging movement between the private and public sectors.

The ISSSTE Law is also expected to improve the effectiveness of the healthcare and pension systems for federal employees and their families. Among the most significant changes resulting from the ISSSTE Law is the clustering of 21 existing insurance programs into the following four accounts: (1) retirement, (2) life and disability, (3) worker’s compensation, and (4) healthcare. It also created PENSIONISSSTE, a state-owned entity that, together with Administradoras de Fondos de Ahorro para el Retiro (pension fund management companies, or AFORES), manages federal employees’ individual accounts.

On July 19, 2007, the Comisión Nacional del Sistema de Ahorro para el Retiro (the National Commission of the System of Savings for Retirement, or CONSAR) approved a new investment regime (Circular CONSAR 15-19) through which each AFORE is allowed to offer five different types of funds (instead of two) with varying levels of risk designed for certain age groups. These new funds range from Fund 5 (intended for workers aged 26 or less), which may invest up to 30% of its assets in equities, to Fund 1 (targeted toward workers aged 56 or more), which is limited to fixed income and international investments, broadening the investment options that AFORES may offer.

At December 31, 2010, 41.2 million individual retirement accounts had been established with AFORES. On December 31, 2010, the total amount of funds accumulated in the individual accounts of workers with AFORES (including transfers from the pension sub-accounts established with banks under the old Social Security Laws, direct contributions under the new pension system and recognition bonuses for ISSSTE beneficiaries that opted for the defined contribution system) and in housing sub-accounts managed by the Housing Fund Institute was Ps. 2,148.6 billion.

At December 31, 2010, the assets managed by AFORES totaled Ps. 1,384.9 billion. AFORES may invest up to 100% of the funds they manage in Government debt securities or in securities issued by private sector companies, depending on the credit rating of the issuer, and up to 20% in foreign securities, with specific limits on the credit rating of debt securities. At December 31, 2010, 58.9% of the total portfolio was invested in Government securities, while the remaining 41.1% was invested in private sector, bank, local government and foreign securities.

The Instituto del Fondo Nacional de la Vivienda para los Trabajadores (National Workers’ Housing Fund Institute, or Housing Fund Institute) was created in 1972 in order to administer housing programs for workers and address the shortage of housing. This shortage was estimated at 7.4 million housing units over the period from 2006 to 2012, based on data from the 2000 census. The Housing Fund Institute acts as a financial intermediary, extending credit to workers for the construction and purchase of homes. Currently, employers are required to contribute an amount equal to 5% of each worker’s base salary to a housing sub-account with a banking institution. As with the retirement sub-accounts, the funds contributed are deductible from the employer’s current income for tax purposes. These funds are in turn required to be deposited to an account of the Housing Fund Institute at Banco de México. Upon a worker’s receipt of a loan from the Housing Fund Institute for the purchase or construction of a home, any amounts in the worker’s housing sub-account are available for financing the down payment on the home. Unused amounts may be withdrawn by the worker upon retirement or permanent disability.

At December 31, 2010, a total of Ps. 167.4 billion had been deposited in the pension and housing funds, Ps. 68.2 billion of which corresponded to deposits made to workers’ retirement sub-accounts and Ps. 99.2 billion of which corresponded to deposits made to workers’ housing sub-accounts.

 

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PRINCIPAL SECTORS OF THE ECONOMY

Manufacturing

According to preliminary figures, the manufacturing sector contracted by 0.7% in real terms during 2008, as compared to 2007, primarily due to a decrease in manufacturing exports resulting from the recession in the United States and Mexico’s other trading partners, as well as the deceleration in domestic demand. Nine manufacturing sectors experienced growth during 2008: food manufacturing grew by 1.4%; beverage and tobacco product manufacturing grew by 2.5%; apparel manufacturing grew by 2.5%; paper manufacturing grew by 2.5%; printing and related support activities grew by 5.2%; petroleum and coal products manufacturing grew by 0.7%; fabricated metal product manufacturing grew by 1.1%; transportation equipment manufacturing grew by 0.5%; and miscellaneous manufacturing grew by 1.7%, each in real terms. In contrast, the production of textile mills decreased by 7.0%; the production of textile product mills decreased by 8.5%; leather and allied product manufacturing decreased by 3.3%; wood product manufacturing decreased by 7.6%; chemical manufacturing decreased by 2.2%; plastics and rubber products manufacturing decreased by 1.7%; nonmetallic mineral product manufacturing decreased by 3.8%; primary metal manufacturing decreased by 0.5%; machinery manufacturing decreased by 0.3%; computer and electronic product manufacturing decreased by 12.1%; electrical equipment, appliance and component manufacturing decreased by 0.1%; and furniture and related product manufacturing decreased by 4.1%, each in real terms.

According to preliminary figures, the manufacturing sector contracted by 9.8% in real terms during 2009 as compared to 2008, mainly due to a decrease in manufacturing exports as a result of the global economic recession and the severe contraction of the U.S. automobile industry. All twenty-one of Mexico’s manufacturing sectors contracted during 2009: food manufacturing decreased by 0.4%; beverage and tobacco product manufacturing decreased by 0.2%; the production of textile mills decreased by 7.3%; the production of textile product mills decreased by 9.7%; apparel manufacturing decreased by 5.6%; leather and allied product manufacturing decreased by 6.3%; wood product manufacturing decreased by 4.2%; paper manufacturing decreased by 0.6%; printing and related support activities decreased by 4.8%; petroleum and coal products manufacturing decreased by 1.6%; chemical manufacturing decreased by 2.3%; plastics and rubber products manufacturing decreased by 12.0%; nonmetallic mineral product manufacturing decreased by 8.5%; primary metal manufacturing decreased by 17.0%; fabricated metal product manufacturing decreased by 15.6%; machinery manufacturing decreased by 20.7%; computer and electronic product manufacturing decreased by 16.9%; electrical equipment, appliance and component manufacturing decreased by 13.8%; transportation equipment manufacturing decreased by 26.6%; furniture and related product manufacturing decreased by 6.9%; and miscellaneous manufacturing decreased by 3.9%, each in real terms.

According to preliminary figures, the manufacturing sector expanded by 9.9% in real terms during 2010, as compared to 2009, primarily due to a 29.5% increase in manufacturing exports. Eighteen manufacturing sectors experienced growth during 2010: food manufacturing grew by 1.9%; the production of textile mills grew by 8.8%; the production of textile product mills grew by 4.7%; apparel manufacturing grew by 5.2%; leather and allied product manufacturing grew by 10.8%; wood product manufacturing grew by 6.0%; paper manufacturing grew by 4.6%; printing and related support activities grew by 10.4%; plastics and rubber products manufacturing grew by 9.7%; nonmetallic mineral product manufacturing grew by 2.0%; primary metal manufacturing grew by 13.3%; fabricated metal product manufacturing grew by 11.6%; machinery manufacturing grew by 42.6%; computer and electronic product manufacturing grew by 7.8%; electrical equipment, appliance and component manufacturing grew by 10.8%; transportation equipment manufacturing grew by 40.5%; furniture and related product manufacturing grew by 8.7%; and miscellaneous manufacturing grew by 3.7%, each in real terms. In contrast, beverage and tobacco product manufacturing decreased by 0.3%; petroleum and coal products manufacturing decreased by 3.9%; and chemical manufacturing decreased by 0.8%, each in real terms.

According to preliminary figures, the manufacturing sector expanded by 5.7% in real terms during the first eight months of 2011 as compared to the same period of 2010, primarily due to increased demand for manufacturing exports. Fourteen manufacturing sectors experienced growth during the first eight months of 2011 as compared to the same period of 2010: food manufacturing grew by 1.7%; beverage and tobacco product manufacturing grew by 5.3%; wood product manufacturing grew by 2.2%; printing and related support activities grew by 7.7%; chemical manufacturing grew by 0.5%; plastics and rubber products manufacturing grew by 9.0%; nonmetallic mineral product manufacturing grew by 4.1%;

 

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primary metal manufacturing grew by 7.8%; fabricated metal product manufacturing grew by 12.4%; machinery manufacturing grew by 14.3%; computer and electronic product manufacturing grew by 4.4%; transportation equipment manufacturing grew by 18.1%; furniture and related product manufacturing grew by 5.2%; and miscellaneous manufacturing grew by 2.9%, each in real terms. However, the production of textile mills decreased by 3.3%; the production of textile product mills decreased by 2.4%; apparel manufacturing decreased by 4.1%; leather and allied product manufacturing decreased by 1.7%; paper manufacturing decreased by .01%; petroleum and coal products manufacturing decreased by 7.1%; and electrical equipment appliance and component manufacturing decreased by 0.2%, each in real terms.

The following table shows the value of industrial manufacturing output in constant 2003 prices and the percentage of total output accounted for by each manufacturing sector for the years indicated.

Industrial Manufacturing Output

 

     2006(1)      2007(1)      2008(1)      2009(1)      2010(1)      2006(1)     2010(1)  
     (in billions of pesos)(2)      (% of total)  

Food

   Ps. 325.2       Ps. 332.8       Ps. 337.4       Ps. 336.0       Ps. 342.5         21.2     22.3

Beverage and tobacco products

     92.9         96.1         98.4         98.3         98.0         6.1        6.4   

Textile mills

     16.3         15.8         14.7         13.6         14.8         1.1        1.0   

Textile product mills

     7.0         7.1         6.5         5.8         6.1         0.5        0.4   

Apparel

     42.0         39.5         40.4         38.2         40.2         2.7        2.6   

Leather and allied products

     20.7         20.3         19.7         18.4         20.4         1.3        1.3   

Wood products

     17.4         18.1         16.7         16.0         17.0         1.1        1.1   

Paper

     32.5         33.4         34.3         34.1         35.6         2.1        2.3   

Printing and related support activities

     13.4         13.5         14.2         13.5         14.9         0.9        1.0   

Petroleum and coal products

     45.5         44.6         44.9         44.1         42.4         3.0        2.8   

Chemicals

     149.2         152.3         149.0         145.6         144.4         9.7        9.4   

Plastics and rubber products

     41.5         42.6         41.9         36.8         40.4         2.7        2.6   

Nonmetallic mineral products

     103.4         105.8         101.9         93.2         95.1         6.7        6.2   

Primary metals

     89.9         88.5         88.0         73.0         82.8         5.9        5.4   

Fabricated metal products

     52.4         52.6         53.2         44.9         50.1         3.4        3.3   

Machinery

     37.5         36.9         36.8         29.2         41.6         2.4        2.7   

Computers and electronic products

     80.5         83.7         73.6         61.1         65.9         5.2        4.3   

Electrical equipment, appliances and components

     51.3         52.7         52.7         45.4         50.3         3.3        3.3   

Transportation equipment

     261.4         269.4         270.7         198.6         279.0         17.0        18.2   

Furniture and related products

     21.5         21.3         20.4         19.0         20.7         1.4        1.3   

Miscellaneous

     32.3         33.4         34.0         32.6         33.9         2.1        2.2   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

   

 

 

 

Total

   Ps. 1,533.9       Ps. 1,560.5       Ps. 1,549.1       Ps. 1,397.5       Ps. 1,535.9         100.0     100.0
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

   

 

 

 

 

Note: Numbers may not total due to rounding.

(1) Preliminary.
(2) Constant pesos with purchasing power at December 31, 2003.

Source: National Institute of Statistics Geography and Informatics.

In order to take advantage of lower manufacturing overhead, particularly with respect to labor costs, and Mexico’s common border with the United States, the Government has encouraged the development of in-bond industries since the early 1980s. Companies in these industries are permitted to import all machinery, equipment and materials used to produce goods for re-export on a duty-free basis. The products produced by the in-bond industry include auto parts, electronic items, food, household appliances, finished textiles and toys. See “External Sector of the Economy—In-bond Industry.”

Most of the growth in Mexico’s manufacturing output since 1987 has resulted from increased production by plants located outside of the Valley of Mexico (where Mexico City is located). However, a significant portion of Mexico’s manufacturing output still originates from plants located in this area. In an effort to address the high pollution levels in the Valley of Mexico, the authorities have implemented regulations that require certain types of plants to reduce operations or close temporarily when the concentration of pollutants in the air rises to certain levels.

 

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The authorities ordered industrial plants in the Valley of Mexico to reduce operations for two days in 2006, for three days in 2007, for two days in 2008, for two days in 2009 and for three days in 2010, due to high pollution levels. The Government has also followed a general policy of discouraging industry from constructing new plants in the Valley of Mexico or other major industrial cities, such as Monterrey and Guadalajara.

The concentration of industry in the Valley of Mexico, together with Mexico City’s climatic and demographic characteristics, contribute to high levels of suspended particles, sulfur dioxide (a gaseous by-product of the combustion of diesel fuel and fuel oil), airborne lead (released as a gas when leaded gasoline is burned and released in particulate form by industry), carbon monoxide (produced by the incomplete combustion of gasoline) and ozone (resulting from the combination of nitrous oxides, hydrocarbons and solar radiation). While the various means of transportation in and around Mexico City account for the vast majority of the air pollution in Mexico City and, indirectly, for the vast majority of ozone present in the atmosphere (and are thus the main target of anti-pollution programs), industry also produces a significant amount of pollution.

In addition to the existing anti-pollution regulations issued pursuant to the Ley General de Equilibrio Ecológico y la Protección al Ambiente (Law of Ecologic Equilibrium and the Protection of the Environment), on March 11, 1992, the Government, through the Metropolitan Pollution Commission of the Valley of Mexico, entered into an agreement with representatives of industries located in the Valley of Mexico to coordinate and intensify measures to control and reduce the pollution generated by these industries.

Moreover, the use of catalytic converters in cars has been phased in, and, starting with the 1993 model year, all new cars driven in Mexico City are required to be equipped with emissions control equipment that meets U.S. performance standards. In 1989, Mexico City instituted a program entitled Hoy No Circula (No Driving Today), requiring that one-fifth of the city’s private vehicles be kept out of circulation each weekday. The program has periodically been expanded to remove cars from circulation two times each week, when the Government has detected high levels of pollution in the city. On July 5, 2008, this program was expanded to regulate driving on Saturdays. This program currently remains in effect in Mexico City and has been introduced in several other cities.

Petroleum and Petrochemicals

General

Since 1938, Mexican federal laws and regulations have entrusted Petróleos Mexicanos with the central planning and management of Mexico’s petroleum industry. Petróleos Mexicanos, Pemex-Exploración y Producción (Pemex-Exploration and Production), Pemex-Refinación (Pemex-Refining), Pemex-Gas y Petroquímica Básica (Pemex-Gas and Basic Petrochemicals) and Pemex-Petroquímica (Pemex-Petrochemicals) (collectively, the subsidiary entities and, together with Petróleos Mexicanos and its subsidiary companies, PEMEX) comprise Mexico’s state oil and gas company. Each of Petróleos Mexicanos and the subsidiary entities is a decentralized public entity of the Government and is a legal entity empowered to own property and carry on business in its own name. PEMEX is the largest company in Mexico, and according to the December 6, 2010 issue of Petroleum Intelligence Weekly, PEMEX is the fourth largest crude oil producer and the eleventh largest oil and gas company in the world based on data from the year 2009.

The activities of PEMEX are regulated primarily by:

 

   

the Ley Reglamentaria del Artículo 27 Constitucional en el Ramo del Petróleo (Regulatory Law to Article 27 of the Constitution of the United Mexican States Concerning Petroleum Affairs, or the Regulatory Law); and

 

   

the Ley de Petróleos Mexicanos (Petróleos Mexicanos Law).

The Regulatory Law and the Petróleos Mexicanos Law grant Petróleos Mexicanos and certain of the subsidiary entities the exclusive right to:

 

   

explore, exploit, refine, transport, store, distribute and sell (first-hand) crude oil;

 

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explore, exploit, produce and sell (first-hand) natural gas and transport and store natural gas, to the extent the transportation and storage activities are inextricably linked with such exploitation and production; and

 

   

produce, store, transport, distribute and sell (first-hand) the derivatives of petroleum (including petroleum products) and natural gas used as basic industrial raw materials that constitute basic petrochemicals, which include ethane, propane, butanes, pentanes, hexanes, heptanes, naphthas, carbon black feedstocks and methane, but, in the case of methane, only if obtained from hydrocarbons used as basic raw materials by the petrochemical industry and obtained from deposits located in Mexico.

Several other laws, including the following, regulate certain aspects of PEMEX’s activities:

 

   

the Ley Orgánica de la Administración Pública Federal (Federal Public Administration Organic Law);

 

   

the Ley de la Comisión Reguladora de Energía (Energy Regulatory Commission Law);

 

   

the Ley Federal de las Entidades Paraestatales (Federal Law of Decentralized Public Entities);

 

   

the Ley de Obras Públicas y Servicios Relacionados con las Mismas (Law of Public Works and Related Services);

 

   

the Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público (Law of Acquisitions, Leasing and Services of the Public Sector);

 

   

the Ley de la Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission Law);

 

   

the Ley para el Aprovechamiento de Energías Renovables y el Financiamiento de la Transición Energética (Law of Use of Renewable Energy and Financing of the Energy Transition);

 

   

the Ley para el Aprovechamiento Sustentable de la Energía (Sustainable Use of Energy Law);

 

   

the Ley Federal de Derechos (Federal Duties Law); and

 

   

the Ley de Ingresos de la Federación (Federal Revenue Law).

As a result of various legal reforms that became effective on November 29, 2008, PEMEX is now permitted to have a more flexible contracting structure for its core production activities. In order to strengthen PEMEX’s ability to enter into these contracts, PEMEX is authorized to offer cash incentives to contractors that provide access to new technologies, faster execution or greater profits, subject to the requirements that payment obligations under construction and services contracts must always be satisfied in cash and that in no case may PEMEX grant ownership rights over hydrocarbons to contractors.

Results of Operations

Based on its audited consolidated financial statements prepared in accordance with Mexican Financial Reporting Standards, PEMEX’s total sales revenues amounted to Ps. 1,282.1 billion during 2010, an increase of 17.6% as compared with total sales revenues during 2009 of Ps. 1,089.9 billion. Total sales revenues for 2010 include the Impuesto Especial sobre Producción y Servicios (Special Tax on Production and Services, or the IEPS tax). However, the IEPS tax rate was negative in the years ended December 31, 2009 and 2010, resulting in no IEPS tax payable during those years.

Domestic sales increased by 14.7% in 2010, from Ps. 596.4 billion in 2009 to Ps. 683.9 billion in 2010, primarily due to increases in the prices and volumes of sales of natural gas, petroleum products and petrochemicals sold by PEMEX. Domestic sales of petroleum products increased by 13.7%, domestic sales of petrochemicals

 

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(including certain by-products of the petrochemical production process) increased by 36.5% and domestic sales of natural gas increased by 14.7% in 2010. Total consolidated export sales (with dollar-denominated export revenues translated to pesos at the exchange rate on the date on which each export sale was made) increased by 21.4% in peso terms in 2010, from Ps. 488.3 billion in 2009 to Ps. 592.9 billion in 2010, primarily as a result of higher crude oil and product prices and an increase in the volume of crude oil exports. The weighted average price per barrel of crude oil that the PMI Group sold to third parties in 2010 was U.S. $72.33, 26.0% higher than the weighted average price of U.S. $57.42 in 2009. The volume of crude oil exports increased by 11.4%, from 1,222 thousand barrels per day in 2009 to 1,361 thousand barrels per day in 2010, mainly due to (i) the replacement of crude oil with naphtha and natural gasoline as raw materials in the production of refined products by Pemex-Petrochemicals at the Cangrejera petrochemical complex, as well as (ii) a decrease in Pemex-Refining’s requirements for crude oil, resulting from an intensive maintenance program and operational issues at its facilities.

During 2010, PEMEX incurred a net loss, as calculated in accordance with Mexican Financial Reporting Standards, of Ps. 47.5 billion, as compared with a net loss of Ps. 94.7 billion during 2009. This decrease in net loss in 2010 is primarily explained by a 34.2% increase in income before taxes and duties as a result of higher crude oil, natural gas and petroleum products prices, as well as a larger IEPS tax credit.

Based on the unaudited consolidated financial statements of PEMEX for the first six months of 2010 and 2011, PEMEX’s total sales revenues increased by 20.0%, from Ps. 621.4 billion in the first six months of 2010 to Ps. 746.0 billion in the first six months of 2011. The increase in total sales resulted primarily from higher crude oil and petroleum product prices and a greater volume of crude oil exports.

PEMEX’s domestic sales increased by 11.6% in the first six months of 2011, from Ps. 336.4 billion in the first six months of 2010 to Ps. 375.5 billion in the first six months of 2011, primarily due to increased sales of petroleum products and petrochemicals, which were partially offset by a 7.7% decrease in natural gas sales. Domestic sales of petroleum products increased by 13.9% in the first six months of 2011, from Ps. 283.2 billion in the first six months of 2010 to Ps. 322.6 billion in the first six months of 2011, primarily due to higher prices. Domestic sales of natural gas decreased by 7.7% in the first six months of 2011, from Ps. 36.6 billion in the first six months of 2010 to Ps. 33.8 billion in the first six months of 2011, primarily due to lower reference prices of natural gas (price effect) and an adverse effect in the exchange rate due to the appreciation of the peso. Domestic petrochemical sales (including sales of certain by-products of the petrochemical production process) increased by 15.8%, from Ps. 16.5 billion in the first six months of 2010 to Ps. 19.1 billion in the first six months of 2011, primarily due to higher reference prices and a greater volume of sales of ammonia and sulfur.

Total consolidated export sales (with dollar-denominated export revenues translated to pesos at the exchange rate on the date on which the export sale was made) increased by 30.2%, from Ps. 282.4 billion in the first six months of 2010 to Ps. 367.8 billion in the first six months of 2011, primarily due to higher crude oil prices and a greater volume of crude oil exports. The weighted average price of the Mexican crude oil basket exported by PEMEX increased by 41.0%, from U.S. $70.64 per barrel in the first six months of 2010 to U.S. $99.60 per barrel in the first six months of 2011.

In the first six months of 2011, PEMEX reported net income of Ps. 13.3 billion on Ps. 746.0 billion in net sales, as compared to a net loss of Ps. 18.7 billion on Ps. 621.4 billion in net sales in the first six months of 2010. This was due primarily to higher sales prices, an increase in the volume of crude oil exports and an increase in other revenues, net, as well as a decrease in general expenses.

Reserves

Under the Constitution and the Regulatory Law, all oil and other hydrocarbon reserves within Mexico are owned by the Mexican nation and not by PEMEX. Under the Petróleos Mexicanos Law, Pemex-Exploration and Production has the exclusive right to extract, but not own, these reserves, and to sell the resulting production. The exploration and development activities of Petróleos Mexicanos and the subsidiary entities are limited to reserves located in Mexico.

Proved oil and natural gas reserves are those estimated quantities of crude oil, natural gas and natural gas liquids which geological and engineering data demonstrate with reasonable certainty to be economically producible from a given date forward, from known reservoirs and under existing economic conditions, operating methods and government regulations.

 

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Pemex-Exploration and Production estimates Mexico’s reserves based on generally accepted petroleum engineering and evaluation methods and procedures, which are based primarily on applicable SEC regulations and, as necessary, the Society of Petroleum Engineers’ (or the SPE) publication entitled “Standards Pertaining to the Estimating and Auditing of Oil and Gas Reserves Information,” dated February 19, 2007 and other SPE publications, including the SPE’s publication entitled Petroleum Resources Management System, as well as other technical sources, including Estimation and Classification of Reserves of Crude Oil, Natural Gas, and Condensate, by Chapman Cronquist, and Determination of Oil and Gas Reserves, Petroleum Society Monograph Number 1, published by the Canadian Institute of Mining and Metallurgy & Petroleum. The choice of method or combination of methods employed in the analysis of each reservoir is determined by experience in the area, stage of development, quality and completeness of basic data and production and pressure histories.

Reserves data set forth herein represent only estimates. Reserves valuation is a subjective process of estimating underground accumulations of crude oil and natural gas that cannot be measured in an exact manner. The accuracy of any reserves estimate depends on the quality of available data, engineering and geological interpretation and professional judgment. As a result, estimates of different engineers may vary. In addition, the results of drilling, testing and producing subsequent to the date of an estimate may lead to the revision of an estimate.

Mexico’s total proved developed and undeveloped reserves of crude oil, condensates and liquefiable hydrocarbons recoverable from field processing plants decreased by 2.5% in 2010, from 11,691 million barrels at December 31, 2009 to 11,394 million barrels at December 31, 2010. Mexico’s proved developed reserves of crude oil, condensates and liquefiable hydrocarbons recoverable from processing plants decreased by 4.6% in 2009, from 8,167 million barrels at December 31, 2009 to 7,793 million barrels at December 31, 2010. These decreases were principally due to crude oil and condensates production during 2010, which were partially offset by the field development activities described below, as well as exploratory additions.

Mexico’s total proved developed and undeveloped dry gas reserves increased by 4.4% in 2010, from 11,966 billion cubic feet at December 31, 2009 to 12,494 billion cubic feet at December 31, 2010. Mexico’s proved developed dry gas reserves increased by 4.7% in 2010, from 7,586 billion cubic feet at December 31, 2009 to 7,941 billion cubic feet at December 31, 2010. Mexico’s proved undeveloped dry gas reserves increased by 3.9% in 2010, from 4,380 billion cubic feet at December 31, 2009 to 4,553 billion cubic feet at December 31, 2010. These increases were principally due to field development activities in the Burgos and Veracruz basins.

 

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The following three tables of crude oil and dry gas reserves set forth PEMEX’s estimates of Mexico’s proved reserves determined in accordance with Rule 4-10(a) of Regulation S-X of the Securities Act of 1933.

Summary of Oil and Gas(1) Proved Reserves as of December 31, 2010

Based on Average Fiscal Year Prices

 

     Crude Oil and Condensates(2)      Dry Gas(3)  
     (in millions of barrels)      (in billions of cubic feet)  

Proved developed and undeveloped reserves

     

Proved developed reserves

     7,793         7,941   

Proved undeveloped reserves

     3,601         4,553   
  

 

 

    

 

 

 

Total proved reserves

     11,394         12,494   

 

Note: Numbers may not total due to rounding.

(1) PEMEX does not produce synthetic oil or synthetic gas, or extract other natural resources from which synthetic oil or synthetic gas can be produced.
(2) Crude oil and condensate reserves include the fraction of liquefiable hydrocarbons recoverable in natural gas processing plants located at fields.
(3) Production refers here to dry gas, although natural gas production reported in other tables refers to sour wet gas. There is a shrinkage in volume when natural gas liquids and impurities are extracted to obtain dry gas. Therefore, reported natural gas volumes are greater than dry gas volumes.

Source: Pemex-Exploration and Production.

Crude Oil and Condensate Reserves

(including natural gas liquids)(1)

 

     2006     2007     2008     2009     2010  
     (in millions of barrels)  

Proved developed and undeveloped reserves

  

At January 1

     13,671        12,849        12,187        11,865        11,691   

Revisions(2)

     425        455        444        577        515   

Extensions and discoveries

     86        150        370        311        246   

Production

     (1,332     (1,268     (1,135     (1,062     (1,059
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

At December 31

     12,849        12,187        11,865        11,691        11,394   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Proved developed reserves at December 31

     8,978        8,436        8,618        8,167        7,793   

Proved undeveloped reserves at December 31

     3,871        3,751        3,247        3,524        3,601   

 

Note: Numbers may not total due to rounding.

(1) Crude oil and condensate reserves include the fraction of liquefiable hydrocarbons recoverable in natural gas processing plants located at fields.
(2) Revisions include positive and negative changes due to new data from well drilling, and revisions made when actual reservoir performance differs from expected performance.

Source: Pemex-Exploration and Production.

Dry Gas Reserves

 

     2006     2007     2008     2009     2010  
     (in billions of cubic feet)  

Proved developed and undeveloped reserves

          

At January 1

     14,557        13,856        13,162        12,702        11,966   

Revisions(1)

     280        879        730        504        1,449   

Extensions and discoveries

     505        171        454        404        770   

Production(2)

     (1,487     (1,744     (1,643     (1,644     (1,691
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

At December 31

     13,856        13,162        12,702        11,966        12,494   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Proved developed reserves at December 31

     8,688        8,163        8,206        7,586        7,941   

Proved undeveloped reserves at December 31

     5,168        4,999        4,496        4,380        4,553   

 

Note: Numbers may not total due to rounding.

(1) Revisions include positive and negative changes due to new data from well drilling, and revisions made when actual reservoir performance differs from expected performance.
(2) Production refers here to dry gas, although natural gas production reported in other tables refers to sour wet gas. There is a shrinkage in volume when natural gas liquids and impurities are extracted to obtain dry gas. Therefore, reported natural gas volumes are greater than dry gas volumes.

Source: Pemex-Exploration and Production.

 

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Exploration and Drilling

PEMEX seeks to identify new oil reservoirs through its exploration program in order to increase the future replacement rate of proved reserves. While the replacement rate for proved hydrocarbon reserves has increased in recent years, from 71.8% in 2008 to 77.1% in 2009 and to 85.8% in 2010, the overall replacement rate is still less than 100%, which represents a decline in Mexico’s proved hydrocarbon reserves. From 1990 to 2010, PEMEX completed 9,057 exploration and development wells. During 2010, PEMEX’s average success rate for exploratory wells was 59% and its average success rate for development wells was 95%. From 2006 to 2010, PEMEX discovered 19 new crude oil fields and 39 new natural gas fields, bringing the total number of its crude oil and natural gas producing fields to 405 at the end of 2010.

PEMEX’s 2010 exploration program was comprised of exploration in both onshore and offshore regions, including the deep waters in the Gulf of Mexico, where it discovered new reservoirs that represent new drilling opportunities. These exploratory activities yielded 230.8 million barrels of oil equivalent of proved reserves in 2010. A total of five fields were discovered, three of which contain non-associated gas and two of which contain crude oil. Within the currently producing fields, ten reservoirs were discovered, seven of which contain non-associated gas and three of which contain crude oil. In addition, two fields were delineated, a process that involves the drilling of several wells to determine the extent of the reserves found at each field. PEMEX also continued its main seismic data acquisition activities, in particular, those related to three-dimensional seismic data. PEMEX acquired 24,778 square kilometers of three-dimensional seismic data in 2010, of which 68% was in the deep waters of the Gulf of Mexico.

 

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The following table summarizes PEMEX’s drilling activity for the five years ended December 31, 2010, all of which occurred in Mexican territory.

 

     Year ended December 31,  
     2006      2007      2008      2009      2010  

Wells initiated(1)

     672         615         822         1,490         994   

Exploratory wells initiated(1)

     58         49         68         71         40   

Development wells initiated(1)

     614         566         754         1,419         954   

Wells drilled(2)

     656         659         729         1,150         1,303   

Exploratory wells

     69         49         65         75         39   

Productive exploratory wells(3)

     32         24         21         27         23   

Dry exploratory wells

     37         25         44         48         16   

Success rate %

     46         49         32         36         59   

Development wells

     587         610         664         1,075         1,264   

Productive development wells

     541         569         612         1,014         1,200   

Dry development wells

     46         41         52         61         64   

Success rate %(4)

     92         94         92         94         95   

Producing wells (annual averages)(5)

     6,080         6,280         6,382         6,890         7,476   

Marine region

     411         434         453         469         477   

Southern region

     958         926         947         1,005         1,067   

Northern region

     4,711         4,920         4,982         5,416         5,932   

Producing wells (at year end)(6)

     5,998         5,942         6,247         6,814         7,414   

Crude oil

     3,126         2,884         3,127         3,713         4,382   

Natural gas

     2,872         3,058         3,120         3,101         3,032   

Producing fields

     364         352         345         394         405   

Marine region

     30         30         30         33         34   

Southern region

     88         87         93         97         98   

Northern region

     246         235         222         264         273   

Drilling rigs

     103         116         143         176         130   

Kilometers drilled

     1,858         1,798         2,199         3,770         2,352   

Average depth by well (meters)

     2,771         2,744         2,748         2,494         2,605   

Discovered fields(7)

     13         14         13         13         5   

Crude oil

     2         4         5         6         2   

Natural gas

     11         10         8         7         3   

Crude oil and natural gas output by well (barrels of oil equivalent per day)

     729         699         621         548         508   

Total developed acreage (km2)(8)

     7,596         8,132         8,088         8,376         8,463   

Total undeveloped acreage (km2)(8)

     655         616         690         953         828   

 

Note: Numbers may not total due to rounding.

(1) “Wells initiated” refers to the number of wells the drilling of which commenced in a given year, regardless of when the well was or will be completed.
(2) “Wells drilled” refers to the number of wells the drilling of which was completed in a given year, regardless of when the drilling of the well commenced.
(3) Excludes non-commercial productive wells and includes only wells with discoveries since 2007.
(4) Excludes injector wells.
(5) In April 2011, the monthly average of total producing wells, which are wells that are not only capable of production but are actually producing during the relevant period, was 8,064.
(6) All productive wells, and all other wells referred to in this table, are “net,” because PEMEX does not grant others any fractional working interests in any wells that it owns; PEMEX also has not acquired any fractional working interest in wells owned by others.
(7) Includes only fields with proved reserves.
(8) All acreage is net, because PEMEX has the exclusive right to exploit Mexico’s oil and gas reserves, i.e., PEMEX neither grants others fractional interests nor enters into other types of production sharing arrangements.

Source: Pemex-Exploration and Production.

Production and Refining

PEMEX produces four types of crude oil: Maya, a heavy crude oil; Altamira, a heavy crude oil; Isthmus, a light crude oil and Olmeca, a very light crude oil. Most of Pemex-Exploration and Production’s production consists of Isthmus and Maya crude oil. In 2010, 55.2% of Pemex-Exploration and Production’s total production of crude oil consisted of heavy crude oil and 44.8% consisted of light and extra-light crude oil. In 2010, PEMEX produced an average of 2,576 thousand barrels per day of crude oil, 1.0% less than its average daily production in 2009 of 2,602 thousand barrels per day of crude oil. The decrease in 2010 was due mainly to the decline of production in the

 

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Cantarell project, which was only partially offset by an increase in crude oil production in the Ku-Maloob-Zaap, Crudo Ligero Marino, Delta del Grijalva and Ixtal Manik projects. In addition, the Akal field in the Cantarell project registered a decrease in its annual rate of decline in production beginning in the second half of 2009, followed by another decrease in the decline rate during the second half of 2010.

Pemex-Exploration and Production’s average natural gas production (excluding natural gas liquids) decreased by 0.2% in 2010, from 7,031 million cubic feet per day in 2009 to 7,020 million cubic feet per day in 2010, while the average wet natural gas processed by Pemex-Gas and Basic Petrochemicals increased by 0.8%, from 4,436 million cubic feet per day in 2009 to 4,472 million cubic feet per day in 2010. In 2010, Pemex-Refining produced 1,229 thousand barrels per day of refined products (including dry gas by-products of the refining process) as compared to 1,343 thousand barrels per day of refined products in 2009. This decrease in refined products production was primarily due to an intensive maintenance program and operational issues at PEMEX’s refining facilities.

The following table sets forth production rates for crude oil, natural gas, refined products and petrochemicals.

Production

 

     Year Ended December 31,  
     2006      2007      2008      2009      2010  

Crude oil (tbpd)

     3,256         3,076         2,792         2,602         2,576   

Natural gas(1) (mmcfpd)

     5,356         6,059         6,919         7,031         7,020   

Refined products(2) (tbpd)

     1,330         1,312         1,307         1,343         1,229   

Petrochemicals (ttpy)

     10,961         11,757         11,973         11,956         13,188   

 

Notes: Numbers may not total due to rounding.

mmcfpd = million cubic feet per day.

tbpd = thousand barrels per day.

ttpy = thousand tons per year.

(1) Reflects natural gas production by Pemex-Exploration and Production.
(2) Includes natural gas liquids.

Source: PEMEX-Exploration and Production.

Petrochemicals

PEMEX produces basic inputs into the petrochemical production process (such as ethane, butane, natural gas liquids and pentanes), other inputs (such as oxygen, nitrogen and hydrogen), petrochemicals (such as methane derivatives, ethylene and its derivatives, aromatics and their derivatives and propylene and its derivatives) and by-products obtained in the petrochemical production process (such as hydrochloric acid and muriatic acid). PEMEX’s total petrochemical production increased by 10.3%, from 11,956 thousand tons in 2009 to 13,188 thousand tons in 2010.

Under Mexican law, the right to manufacture basic petrochemical products is vested solely in the Mexican nation, which may produce them only through PEMEX or any other decentralized public entity established by law for this purpose. The Regulatory Law limits basic petrochemicals to the following nine products that are used in the petrochemical production process: ethane, propane, butane, pentanes, hexane, heptanes, naphtha, carbon black feedstocks and methane, but only if obtained from hydrocarbon reservoirs in Mexico and used as raw material for petrochemical industrial processes. All other petrochemical products may be produced by Pemex-Petrochemicals, by Pemex-Refining or by private sector companies. In addition, the Regulatory Law allows companies that produce basic petrochemicals as by-products of non-basic petrochemical production to sell them either internally, within plants in the same unit or complex, or to sell them to Petróleos Mexicanos and the subsidiary entities.

Since the end of 1993, Mexican law has permitted private investment in the manufacture of “secondary” petrochemical products. These are defined to include all petrochemical products not designated “basic” by the Ministry of Energy. Both foreign and domestic private investors may own 100% of any petrochemical plant producing secondary petrochemicals, and companies engaged in the production of secondary petrochemicals which produce basic petrochemicals as by-products may now sell them in the production process within plants in the same

 

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unit or complex, or deliver them to PEMEX pursuant to an agreement and under terms established by the Ministry of Energy. As a result, PEMEX no longer has a monopoly on the production and initial sale of most petrochemicals in Mexico.

Commercial Activities

Besides crude oil and natural gas, PEMEX markets a full range of oil and gas derivatives in Mexico, including gasoline, jet fuel, diesel, fuel oil and petrochemicals. PEMEX supplies the majority of Mexico’s primary energy requirements. PEMEX is one of a few major producers of crude oil worldwide that experiences significant domestic demand for its refined products.

PEMEX sells approximately 53% of its crude oil in the domestic market in the form of refined products and petrochemicals; it exports the remainder of the crude oil (1.22 million barrels per day in 2009 and 1.36 million barrels per day in 2010). Total net exports of crude oil, natural gas and derivatives averaged U.S. $23.6 billion per year between 2006 and 2009, and were U.S. $19.9 billion in 2010.

The following table sets forth the average volume of PEMEX’s exports and imports of crude oil (exports only), natural gas, petroleum products and petrochemicals for the five years ended December 31, 2010 and the percentage change between 2009 and 2010.

Volume of Exports and Imports

 

     Year ended December 31,      2010  
     2006      2007      2008      2009      2010      vs. 2009  
     (in thousands of barrels per day, except as noted)      (%)  

Exports

                 

Crude Oil:

                 

Olmeca

     230.6         172.7         129.6         143.5         211.7         47.5   

Isthmus

     68.3         41.1         23.0         14.2         74.9         427.5   

Altamira

     14.3         12.7         10.6         12.5         8.6         (31.2

Maya

     1,479.5         1,459.6         1,240.0         1,052.0         1,065.3         1.3   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

Total crude oil

     1,792.7         1,686.1         1,403.4         1,222.1         1,360.5         11.3   

Natural gas(1)

     32.7         138.7         107.4         66.5         19.3         (71.0

Petroleum products

     188.2         176.9         184.1         244.8         194.5         (20.5

Petrochemical products(2)(3)

     823.7         746.0         539.6         779.4         697.6         (10.5

Imports

                 

Natural gas(1)

     451.0         385.6         447.1         422.0         535.7         26.9   

Petroleum products

     431.1         494.0         548.2         506.4         627.9         24.0   

Petrochemical products(2)(4)

     435.6         425.1         439.8         568.3         394.9         (30.5

 

Note: Numbers subject to adjustment because crude oil exports may be adjusted to reflect the percentage of water in each shipment.

(1) Fuel oil equivalent. Numbers expressed in millions of cubic feet per day.
(2) Thousands of metric tons.
(3) Includes propylene.
(4) Includes isobutane, butane and N-butane.

Source: PMI operating statistics and Pemex-Gas and Basic Petrochemicals.

 

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The following table sets forth the value of exports and imports of crude oil (exports only), natural gas, petroleum products, and petrochemicals for the five years ended December 31, 2010 and the percentage change between 2009 and 2010.

Value of Exports and Imports(1)

 

     Year ended December 31,      2010  
     2006      2007      2008      2009      2010      vs. 2009  
     (in millions of U.S. dollars)      (%)  

Exports

                 

Olmeca

   U.S.$ 5,443.4       U.S.$ 4,469.1       U.S.$ 4,712.2       U.S.$ 3,444.8       U.S.$ 6,149.2         78.5   

Isthmus

     1,427.9         1,049.9         683.1         327.4         2,148.9         556.4   

Altamira

     238.4         248.7         309.2         244.3         216.3         (11.5

Maya

     27,597.1         32,169.9         37,637.1         21,588.9         27,473.3         27.3   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

Total crude oil(2)

   U.S.$  34,706.8       U.S.$  37,937.5       U.S.$  43,341.5       U.S.$  25,605.4       U.S.$  35,987.7         40.5   

Natural gas

     71.8         350.5         316.3         103.5         31.9         (69.2

Petroleum products

     3,758.0         4,116.6         5,706.6         4,891.8         5,132.0         4.9   

Petrochemical products

     352.6         297.1         384.1         175.7         272.1         54.9   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

Total natural gas and products

   U.S.$ 4,182.4       U.S.$ 4,764.2       U.S.$ 6,407.0       U.S.$ 5,171.0       U.S.$ 5,436.0         5.1   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

Total exports

   U.S.$ 38,889.2       U.S.$ 42,701.7       U.S.$ 49,748.5       U.S.$ 30,776.4       U.S.$ 41,423.7         34.6   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

Imports

                 

Natural gas

   U.S.$ 1,134.5       U.S.$ 995.7       U.S.$ 1,423.6       U.S.$ 632.8       U.S.$ 939.2         48.4   

Petroleum products

     12,007.4         15,700.0         21,882.5         12,884.9         20,312.3         57.6   

Petrochemical products

     264.8         278.9         350.5         301.4         302.7         0.4   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

Total imports

   U.S.$ 13,406.8       U.S.$ 16,974.6       U.S.$ 23,656.6       U.S.$ 13,819.0       U.S.$ 21,554.2         56.0   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

Net exports

   U.S.$ 25,482.4       U.S.$ 25,727.1       U.S.$ 26,091.9       U.S.$ 16,957.4       U.S.$ 19,869.5         17.2   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

Note: Numbers may not total due to rounding.

(1) Does not include crude oil, refined products and petrochemicals purchased by P.M.I. Trading, Ltd. or P.M.I. Norteamérica, S.A. de C.V. from third parties outside of Mexico and resold in the international markets. The figures expressed in this table differ from the amounts contained under the line item “Net Sales” in PEMEX’s financial statements because of the differences in methodology associated with the calculation of the exchange rates and other minor adjustments.
(2) Crude oil exports are subject to adjustment to reflect the percentage of water in each shipment.

Source: PMI operating statistics, which are based on information in bills of lading, and Pemex-Gas and Basic Petrochemicals.

The following table sets forth the average price per barrel of crude oil exported by PEMEX for the years indicated.

Crude Oil Prices

 

     Year ended December 31,  
     2006      2007      2008      2009      2010  
     (U.S. dollars per barrel)  

Crude Oil Prices

              

Olmeca

   U.S.$  64.67       U.S.$ 70.89       U.S.$ 99.37       U.S.$  65.79       U.S.$  79.58   

Isthmus

     57.29         69.92         81.09         63.38         78.63   

Maya

     51.10         60.38         82.92         56.22         70.48   

Altamira

     45.75         53.71         79.69         53.50         68.79   

Weighted average realized price

   U.S.$ 53.04       U.S.$  61.64       U.S.$  84.38       U.S.$ 57.42       U.S.$ 72.33   

 

Source: PMI operating statistics.

 

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The following table sets forth PEMEX’s crude oil export sales by country for the five years ended December 31, 2010.

Crude Oil Exports by Country

 

     Percentage of Exports  
     2006     2007     2008     2009     2010  

United States

     80.3     80.2     81.3     86.8     83.9

Spain

     8.0        7.4        8.8        6.6        8.9   

Netherlands Antilles

     4.3        4.1        2.6        —          —     

India

     1.8        2.1        2.5        2.5        1.7   

Canada

     2.0        1.8        1.8        1.7        1.8   

Others

     3.5        4.4        3.1        2.4        3.8   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total

     100.0     100.0     100.0     100.0     100.0
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

 

Note: Numbers may not total due to rounding.

Source: PMI operating statistics.

Although Mexico is not a member of the Organization of Petroleum Exporting Countries (OPEC), it has periodically announced increases and decreases in PEMEX’s crude oil exports in conjunction with production revisions by other oil producing countries, in order to stabilize oil prices. However, since 2004, PEMEX has not changed its export levels as a result of announcements by OPEC, and Mexico has no plans to change PEMEX’s current level of crude oil exports.

Crude oil exports increased by 11.3% in 2010, from 1,222.1 thousand barrels per day in 2009 to 1,360.5 thousand barrels per day in 2010, mainly due to (i) the replacement of crude oil with naphtha and natural gasoline as raw materials in the production of refined products by Pemex-Petrochemicals at the Cangrejera petrochemical complex, as well as (ii) a decrease in Pemex-Refining’s requirements for crude oil, resulting from an intensive maintenance program and operational issues at its facilities.

PEMEX imports natural gas to satisfy shortfalls in production and to meet demand in areas of northern Mexico which, due to the distance from PEMEX’s fields, can be supplied more efficiently through imports from the United States. PEMEX imported 535.7 million cubic feet per day of natural gas in 2010, an increase of 26.9% from the 422.0 million cubic feet per day imported in 2009, due to increased domestic consumption of natural gas, which made it necessary to increase natural gas imports. PEMEX exported 19.3 million cubic feet per day of natural gas in 2010, a decrease of 71.0% as compared to natural gas exports in 2009 of 66.5 million cubic feet per day.

In 2010, imports of petroleum products increased in value by 57.6%, while exports of petroleum products increased in value by 4.9%, due to growing demand for ultra-low sulfur gasoline and diesel, and higher prices of these products in the international market. PEMEX’s net imports of petroleum products for 2010 totaled U.S. $15,180.3 million, an 89.9% increase from the net imports of petroleum products of U.S. $7,993.1 million in 2009. In 2010, imports of petroleum products increased in volume by 24.0%, from 506.4 thousand barrels per day in 2009 to 627.9 thousand barrels per day in 2010, due to increased domestic demand for ultra-low sulfur gasoline and diesel, while exports of petroleum products decreased in volume by 20.5%, from 244.8 thousand barrels per day in 2009 to 194.5 thousand barrels per day in 2010, due to decreased sales of virgin stock, diesel, liquefied petroleum gas and jet fuel.

During 2011, imports of petroleum products, specifically gasoline, aviation gasoline, low and ultra-low sulfur diesel and low-sulfur fuel oil, are expected to increase as a result of increased demand from the Federal Electricity Commission, as well as a decrease in naphtha imports due to an expected increase in the reforming margin. PEMEX expects exports of most petroleum products to decrease during 2011, in particular fuel oil, due to operation of the coker unit at the Minatitlán refinery beginning in August 2011, which will reduce the amount of residual products such as fuel oil available for export. This decrease in petroleum products exports is expected to be offset by slight increases in exports of heavy naphtha, high-sulfur fuel oil and jet fuel.

 

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In 2010, exports of petrochemical products decreased by 10.5%, from 779.4 thousand metric tons in 2009 to 697.6 thousand metric tons in 2010, while imports of petrochemical products also decreased by 30.5%, from 568.3 thousand metric tons in 2009 to 394.9 thousand metric tons in 2010. Petrochemical exports decreased in 2010 due to lower sales of ethylene, polyethylenes and sulfur. Imports of petrochemical products decreased in 2010 due to lower demand for ammonia, isobutane and methanol.

Capital Expenditures and Investments

The following table shows PEMEX’s capital expenditures, excluding maintenance, for the five years ended December 31, 2010, and the budget for such expenditures for 2011 and 2012. Capital expenditure amounts are derived from PEMEX’s budgetary records, which record such amounts on a cash flow basis. Accordingly, these capital expenditure amounts may not correspond to capital expenditure amounts included in PEMEX’s financial statements prepared in accordance with Mexican Financial Reporting Standards.

Capital Expenditures

 

     Year ended December 31,(1)      Budget
2011
     Budget
2012
 
     2006      2007      2008      2009      2010        
     (in millions of pesos)(2)  

Pemex-Exploration and Production

   Ps. 102,351       Ps. 115,563       Ps. 136,102       Ps. 180,507       Ps. 194,838       Ps. 193,291       Ps. 185,300   

Pemex-Refining

     15,230         15,979         17,380         18,526         22,636         32,610         61,136   

Pemex-Gas and Basic Petrochemicals

     3,322         4,004         4,203         3,941         3,887         5,194         7,667   

Pemex-Petrochemicals

     1,426         1,139         1,614         2,053         2,462         3,303         8,713   

Petróleos Mexicanos

     349         227         439         560         206         1,786         967   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

Total capital expenditures

   Ps. 122,677       Ps. 136,913       Ps. 159,738       Ps. 205,587       Ps. 224,029       Ps. 236,184       Ps. 263,783   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

 

Note: Numbers may not total due to rounding.

(1) Includes capitalized interest during construction period for the years 2006, 2007, 2008 and 2009. Does not include capitalized interest for the years 2010, 2011 and 2012.
(2) Figures for 2006, 2007, 2008, 2009 and 2010 are stated in nominal pesos. Figures for 2011 and 2012 are stated in constant 2011 pesos.

Source: Petróleos Mexicanos.

In nominal peso terms, PEMEX’s capital expenditures for exploration and production were Ps. 194,838 million in 2010, as compared to Ps. 180,507 million in 2009, representing a 7.9% increase in nominal terms. Of Pemex-Exploration and Production’s total capital expenditures, Ps. 38,437 million was directed to the Cantarell fields, Ps. 29,704 million was used for development of the Burgos natural gas fields (including Ps. 21,561 million of investments made through PEMEX’s Financed Public Works Contracts program), Ps. 28,262 million was directed to the Aceite Terciario del Golfo project, Ps. 27,944 million was directed to the Strategic Gas Program, Ps. 18,350 million was directed to the Ku-Maloob-Zaap fields, Ps. 9,853 million was directed to the Antonio J. Bermúdez fields, Ps. 6,584 million was directed to the Jujo-Tecominoacán fields, Ps. 5,904 million was directed to the Delta del Grijalva fields, Ps. 5,518 million was directed to the Bellota-Chinchorro fields, Ps. 3,963 million was directed to the Integral Yaxché project and Ps. 2,619 million was directed to the Chuc project. During 2010, expenditures for these 11 projects amounted to 90.9% of all PEMEX’s capital expenditures for exploration and production. The remaining 9.1% amounted to Ps. 17,698 million in nominal terms, which was directed to the 12 remaining projects as well as administrative and technical support.

For 2011, Pemex-Exploration and Production has a total capital expenditures budget of Ps. 193,291 million, as compared to Ps. 194,838 million of capital expenditures made in 2010, representing a decrease of 0.8%. The 2011 budget includes all of the 23 ongoing strategic exploration and production projects, of which Ps. 7,473 million will be used for expenditures pursuant to Financed Public Works Contracts. Approximately Ps. 158,013 million, or 81.7% of Pemex-Exploration and Production’s 2011 capital expenditures budget is to be allocated to projects relating to field development and pipelines. Approximately Ps. 35,278 million, or 18.3% of the total budget, will be allocated to exploration activities.

 

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PEMEX’s 2011 exploration and production budget includes Ps. 45,471 million for investments in the Cantarell project, Ps. 34,758 million for the Strategic Gas Program, Ps. 22,386 million for Ku-Maloob-Zaap, Ps. 17,209 million for Burgos, Ps. 14,474 million for Aceite Terciario del Golfo, Ps. 10,562 million for Antonio J. Bermúdez, Ps. 5,926 million for the Delta del Grijalva project, Ps. 5,415 million for the Integral Yaxché project, Ps. 5,278 million for the Bellota-Chinchorro project,
Ps. 5,050 million for the Jujo-Tecominoacán project, Ps. 4,867 million for the Chuc project and Ps. 21,895 million for the remaining projects as well as administrative and technical support.

In 2010, Pemex-Refining invested Ps. 22,636 million in capital expenditures, 22.2% more than its Ps. 18,526 million of capital expenditures in 2009. Of this total investment, Pemex-Refining allocated Ps. 4,633 million to the Minatitlán project, Ps. 1,990 million to its investments to expand and upgrade refineries and related installations, Ps. 4,516 million to environmental and industrial safety projects, Ps. 9,178 million to rehabilitation projects, Ps. 2,180 million to other projects and acquisitions and Ps. 139 million to preinvestment studies related to the new refinery in Tula, Hidalgo. For 2011, Pemex-Refining has budgeted Ps. 32,610 million of capital expenditures. Pemex-Refining will invest 18% of this amount to expand and upgrade refineries and related installations, 9% on the planning of the new refinery in Tula, 27% on environmental and industrial safety projects, 35% on rehabilitation projects and 12% on other projects and acquisitions.

Pemex-Gas and Basic Petrochemicals invested Ps. 3,887 million in 2010, as compared to Ps. 3,941 million in 2009, in projects primarily related to natural gas and condensates processing, transportation and storage. For 2011, the Government has approved Ps. 5,194 million in nominal terms of capital expenditures for Pemex-Gas and Basic Petrochemicals, including Ps. 1,236 million for the cryogenic plant at the Poza Rica gas processing complex.

Equity and Dividends

In March 1990, as part of the 1989-92 Financing Package for Mexico described under “Public Debt—External Debt Restructuring and Debt and Debt Service Reduction Transactions,” U.S. $7.58 billion of the external commercial bank debt of Petróleos Mexicanos was exchanged for new 30-year bonds issued by the Government. Petróleos Mexicanos’ indebtedness to the Government was increased by the same amount and subsequently capitalized as equity or Certificates of Contributions “A” (equity participation certificates). As a condition to the capitalization, PEMEX agreed to pay a minimum guaranteed dividend to the Government equivalent to the debt service on the capitalized debt. The total dividend to the Government in respect of the Certificates of Contribution “A” was approved annually by the board of directors of Petróleos Mexicanos after the close of each fiscal year. In each quarter until January 2007, Petróleos Mexicanos made advance payments to the Government that totaled a prorated portion of the minimum guaranteed dividend. Following a payment of Ps. 4,270 million in January 2007, and because PEMEX’s obligation to pay minimum guaranteed dividends was fully performed in 2007, no further advance payments on the minimum guaranteed dividend are payable to the Government.

However, the Government may still require Petróleos Mexicanos to declare and pay dividends to it at any time.

In February 2008, the Government made a payment to Petróleos Mexicanos under the Federal Law of Budget and Fiscal Accountability, in the amount of Ps. 2,806.2 million. Petróleos Mexicanos capitalized this amount in equity. In December 2008, the Government made further payments in the aggregate amount of Ps. 32,639 million to Petróleos Mexicanos to fund infrastructure works, which were also capitalized in equity. In addition, Petróleos Mexicanos capitalized interest in the amount of Ps. 12.2 million related to these payments by the Government, for a total amount capitalized in 2008 of Ps. 35,457 million. In December 2009, Petróleos Mexicanos capitalized interest in the amount of Ps. 467.2 million. In December 2010, Petróleos Mexicanos capitalized interest in the amount of Ps. 0.122 million, corresponding to interest earned at the end of 2010 on funds provided by the Government for use in infrastructure works.

Taxes and Duties

PEMEX pays a number of special hydrocarbon taxes and duties to the Government, in addition to the other taxes and duties paid by some of the subsidiary companies. PEMEX contributed approximately 31.0% of the Government’s revenues in 2009 and 32.9% in 2010. Until 2006, the rates at which the Mexican Congress assessed hydrocarbon taxes and duties could vary from year to year, and were set after taking into consideration PEMEX’s operating budget, its capital expenditure program and its financing needs.

 

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The Mexican Congress approved a new fiscal regime for Petróleos Mexicanos and the subsidiary entities on November 10, 2005. The new fiscal regime went into effect on January 1, 2006, but was modified in 2007, with effect from January 1, 2008; in 2008, with effect from January 1, 2009; in 2009, with effect from January 1, 2010; and in 2010, with effect from January 1, 2011. Under the current fiscal regime, the taxation of Pemex-Exploration and Production is governed by the Ley Federal de Derechos (Federal Duties Law), while the taxation of the other subsidiary entities is governed by the Ley de Ingresos de la Federación (Federal Revenue Law) for the applicable fiscal year. The Federal Revenue Law is discussed and approved on an annual basis by the Mexican Congress.

In 2010 and 2011, the fiscal regime for Pemex-Exploration and Production consisted of the following duties:

 

Derecho Ordinario sobre Hidrocarburos (Ordinary Hydrocarbons Duty)        
This duty is applied to the annual value of extracted production of crude oil and natural gas minus certain permitted deductions (including specific investments, certain costs and expenses, and the other duties referred to below, subject to certain conditions), and applies to all crude oil and natural gas extracted from fields other than those located in Paleocanal de Chicontepec and the deep waters in the Gulf of Mexico. The applicable rate for this duty was 73.0% in 2010, and will be 72.5% in 2011 and 71.5% in 2012 and thereafter. Deduction of costs must not exceed U.S. $6.50 per barrel of crude oil and U.S. $2.70 per thousand cubic feet of non-associated natural gas. Production of oil and gas extracted from fields located in Paleocanal de Chicontepec and the deep waters in the Gulf of Mexico is subject to the Special Hydrocarbons Duty, the Extraction of Hydrocarbons Duty and the Additional Duty on Hydrocarbons.

Derecho Especial sobre Hidrocarburos

(Special Hydrocarbons Duty)

       
A rate ranging from 30% to 36% is applied to the value of extracted production of crude oil and natural gas for the year from the fields located in the Paleocanal de Chicontepec and the deep waters in the Gulf of Mexico minus certain permitted deductions (including specific investments, certain expenses and costs, among others, subject to certain conditions).

Derecho sobre la Extracción de Hidrocarburos

(Extraction of Hydrocarbons Duty)

       
A rate of 15% is applied to the value of extracted production of crude oil and natural gas for the year from fields located in the Paleocanal de Chicontepec and the deep waters in the Gulf of Mexico.

Derecho Adicional sobre Hidrocarburos

(Additional Duty on Hydrocarbons)

       
A rate of 52% is applied to the value resulting from the multiplication of (i) the difference between the annual Mexican crude oil export price corresponding to the field from which such crude oil is extracted, and U.S. $60.00, by (ii) the extracted volume for the relevant year. This duty is applied only to fields located in the Paleocanal de Chicontepec and the deep waters in the Gulf of Mexico, and only if the Mexican crude oil export price per barrel of the extracted crude oil is greater than U.S. $60.00.

 

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Derecho sobre Hidrocarburos para el

Fondo de Estabilización (Hydrocarbons

Duty for the Stabilization Fund)

       
    
Rates between 1% and 10% are applied to the value of the extracted crude oil production when the weighted average Mexican crude oil export price for a certain year exceeds between U.S. $22.00 and U.S. $31.00 per barrel.
Derecho para la Investigación Científica y Tecnológica en Materia de Energía (Duty for Scientific and Technological Research on Energy)        
    
    
A rate of 0.40% of the value of extracted crude oil and natural gas production applied in 2010. This rate increased to 0.50% in 2011, and will increase further to 0.65% in 2012 and thereafter.
Derecho para la Fiscalización Petrolera (Duty for Oil Monitoring)        
A rate of 0.003% is applied to the value of extracted production of crude oil and natural gas for the year.
Derecho Extraordinario sobre la Exportación de Petróleo Crudo (Extraordinary Duty on Crude Oil Exports)        
    
A rate of 13.1% is applied to the value resulting from the multiplication of (i) the difference between the annual weighted average Mexican crude oil export price and the budgeted crude oil price, by (ii) the annual export volume. The budgeted crude oil price for 2010 was U.S. $59.00 per barrel and for 2011 is U.S. $65.40 per barrel.
Derecho Único sobre Hidrocarburos (Sole Hydrocarbons Duty)        
A floating annual rate is applied to the value of the extracted crude oil and natural gas from abandoned fields or fields that are in the process of being abandoned. The rate fluctuates between 37% and 57%, depending on the weighted average Mexican crude oil export price. This duty is no longer applicable as of January 1, 2011.

The Federal Duties Law, for purposes of the duties mentioned above, defines the deep water fields as those located in waters with an average depth of 500 meters or greater, and the Paleocanal de Chicontepec fields as those located in the following areas: Castillo de Teayo, Coatzintla, Coyutla, Chicontepec, Espinal, Ixhuatlán de Madero, Temapache, Papantla, Poza Rica de Hidalgo, Tepetzintla and Tihuatlán, in the state of Veracruz; and Francisco Z. Mena, Pantepec and Venustiano Carranza, in the state of Puebla.

On January 1, 2011, an amendment to the Federal Duties Law became effective, which revoked the Sole Hydrocarbons Duty. In its place, the Ordinary Hydrocarbons Duty, the Duty for Scientific and Technological Research on Energy, the Duty for Oil Monitoring, the Hydrocarbons Duty for the Stabilization Fund and the Extraordinary Duty on Crude Oil Exports will be applied to the annual base production from each of the marginal fields in accordance with the Federal Duties Law. Once the annual base production level is reached, any production above that threshold will be subject to the Extraction of Hydrocarbons Duty, the Special Hydrocarbons Duty and the Additional Duty on Hydrocarbons.

For 2011, the Federal Duties Law defines marginal fields as those fields that are abandoned or in the process of being abandoned. In addition, the following fields have been categorized as marginal fields: the Blasillo, Cinco Presidentes, La Venta, Magallanes, Ogarrio, Otates, Rodador, San Alfonso and San Ramón fields, located in the area of Magallanes Cinco Presidentes; the Arenque, Atún, Bagre, Carpa, Escualo, Isla de Lobos, Jurel, Lobina, Marsopa, Mejillón, Morsa, Náyade and Tiburón fields, located in the area of Arenque; and the Altamira, Barcodón, Cacalilao, Corcovado, Ébano, Limón, Pánuco, Salinas, Tamaulipas Constituciones and Topila fields, located in the area of Altamira.

 

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Also included in this amendment was the enactment of the Derecho para Regular y Supervisar la Exploración y Explotación de Hidrocarburos (Duty to Regulate and Supervise the Exploration and Exploitation of Hydrocarbons). A rate of 0.03% of the value of extracted production of crude oil and natural gas will be applied in 2012. This reform will come into effect on January 1, 2012.

As described above, fluctuating crude oil price levels directly affect the level of certain taxes and duties that PEMEX pays. In 2010, The Extraordinary Duty on Crude Oil Exports did not have an impact on PEMEX’s cash outflow because it was credited against the Hydrocarbons Duty for the Stabilization Fund.

The fiscal regime for Petróleos Mexicanos and its subsidiary entities, with the exception of Pemex-Exploration and Production, consists of the following taxes and duties:

 

Impuesto a los Rendimientos Petroleros (Hydrocarbons Income Tax)    A tax rate of 30% is applied to net income, as determined in accordance with the Federal Revenue Law for the applicable fiscal year.
IEPS tax    The IEPS tax is an indirect tax on domestic sales of gasoline and diesel that Pemex-Refining collects on behalf of the Government. The IEPS tax on the sale of gasoline and diesel is equivalent to the difference between the international reference price of each product (adjusted by freight costs and quality factors) and the retail price of the product (not including value added tax, the retailers’ margin and freight costs). Thus, the Government ensures that PEMEX retains an amount reflecting the international prices (adjusted as described above) of these products, while the Government collects the difference between the international prices and the prices at which these products are sold in Mexico.
   Since 2005, as a result of the new rules to calculate this tax rate, some rates have been negative. The Federal Revenue Law for each of the 2006 to 2010 Fiscal Years provided that the IEPS tax amounts resulting from applying negative rates could be credited against the IEPS tax liability, and, if in excess, could be credited against the value added tax. Any remaining amount could be credited against the Ordinary Hydrocarbons Duty. Negative IEPS taxes, if any, in 2011 may also be credited in accordance with the same rules.

Petróleos Mexicanos and the subsidiary entities are exempt from Mexican corporate income tax; however, some of its subsidiary companies are Mexican corporations and are subject to the tax regime applicable to all other Mexican corporations. Since 1994, interest payments by PEMEX on its external debt have been subject to Government withholding taxes. Nevertheless, these taxes do not represent a substantial portion of PEMEX’s total tax liabilities.

PEMEX is also subject to municipal and state taxes, such as real property and payroll taxes. However, because most of PEMEX’s facilities are located on federal property, which is not subject to municipal taxation, real property taxes are not a significant part of PEMEX’s total tax burden. Similarly, payroll taxes do not represent a substantial portion of PEMEX’s total tax liability.

No assurance can be given that PEMEX’s tax regime will not change in the future.

In 2010, PEMEX paid total taxes and duties in the amount of Ps. 654.1 billion (51.0% of sales revenues), as compared to the Ps. 546.6 billion (50.2% of sales revenues) of taxes and duties that were paid in 2009, mainly due to an increase in Mexican crude oil export prices in 2010.

 

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Petroleum Workers’ Union

The Petroleum Workers’ Union represents approximately 79% of the work force of Petróleos Mexicanos and the subsidiary entities. The members of the Petroleum Worker’s Union are PEMEX employees and they elect their own leadership from among their ranks. PEMEX’s relationship with its employees is regulated by the Ley Federal del Trabajo (Federal Labor Law) and a collective bargaining agreement between Petróleos Mexicanos and the Petroleum Worker’s Union. The collective bargaining agreement is subject to renegotiation every two years, although salaries are reviewed annually. Since the Petroleum Worker’s Union was officially established in 1938, PEMEX has not experienced labor strikes; it has experienced work stoppages for short periods of time, but none of these stoppages had a material adverse effect on operations.

On July 27, 2011, PEMEX and the Petroleum Worker’s Union entered into a new collective bargaining agreement, which became effective on August 1, 2011. The new agreement provides for a 4.75% increase in wages and a 1.15% increase in benefits. By its terms, the new collective bargaining agreement is scheduled to expire on July 31, 2013.

Legal Proceedings

In July 2007, the Secretaría de la Función Pública (General Comptroller’s Office of the Government, or SFP) announced that it had fined each of Mr. Raúl Muñoz Leos, ex-Director General of Petróleos Mexicanos and Mr. Juan Carlos Soriano Rosas, ex-General Counsel of Petróleos Mexicanos, an amount of Ps. 862.2 million and banned each of them from holding public sector positions for ten years for allegedly breaking budgetary laws and regulations in connection with a side agreement (No. 10275/04) dated August 1, 2004, between Petróleos Mexicanos and the Union. On August 25, 2005, Petróleos Mexicanos and the Petroleum Worker’s Union amended this side agreement in order to make certain adjustments required by applicable regulations. These penalties have been appealed by the former officers and a final resolution of the matter is pending.

In December 2007, the SFP announced that it had fined Mr. Jaime Mario Willars Andrade, former Director General of Pemex-Refining, and Mr. Luis Ricardo Bouchot Guerrero, former Head of the Legal Department of Pemex-Refining, each for an amount of Ps. 1,390.3 million for administrative negligence related to the early termination of a long-term supply and services contract for the construction of a methyl tert-butyl ether plant. In April 2009, these former officers appealed these penalties before the Federal Court of Fiscal and Administrative Justice. A final resolution of the appeal is pending.

On December 12, 2008, the U.S. Securities and Exchange Commission (SEC) filed a settled enforcement action charging Siemens AG with violations of the U.S. Foreign Corrupt Practices Act of 1977, as amended. Among other matters, the SEC alleged that two Siemens AG subsidiaries made three illicit payments totaling approximately U.S. $2.6 million to a consultant to assist in settling cost overrun claims in connection with three refinery upgrade projects, and that some portion of those payments was passed on to a senior PEMEX official.

In response to the allegations related to Siemens AG, on December 22, 2008, PEMEX requested an investigation concerning these alleged events, and on December 23, 2008, an investigation was formally initiated by the Internal Control Body of PEMEX, which is independent of PEMEX’s management and under the supervision of the SFP. The investigation attempted to determine whether any person associated with PEMEX acted improperly in the matters related to the SEC allegations. In May 2010, the Internal Control Body of PEMEX dismissed these allegations due to insufficient proof. This resolution was reported to the Procuraduría General de la República (Federal Attorney General’s Office).

In March and April 2010, the SFP filed 15 criminal complaints against officers and employees of Pemex-Refining, in connection with a pipeline rupture in Nanchital, Veracruz. In addition, the SFP imposed administrative penalties against these officers and employees, as well as contractors. These penalties have been appealed, and as of the date of this report, a final resolution is still pending.

In May 2010, the SFP filed two criminal complaints, and initiated several administrative proceedings against María Karen Miyazaki Hara, who served as PMI’s Deputy Director of Trading of Intermediate Distillates,

 

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for allegedly committing acts of corruption pursuant to which PMI lost revenues of approximately U.S. $13 million. The alleged acts involved the unauthorized sale of ultra low sulfur diesel, to the economic benefit of foreign companies including Blue Oil Trading Ltd. During November 2010, the administrative proceedings concluded, resulting in María Karen Miyazaki Hara being fined Ps. 164.2 million and receiving a 20-year ban from public sector employment. The investigation of the criminal complaints is still underway.

In December 2010, the SFP announced that it had fined 14 officers and employees of Pemex-Refining and banned them from holding public sector positions for ten years for their alleged involvement in an illegal bidding process for the leasing of four tankers. These officers and employees have appealed these penalties, and a final resolution is pending.

On October 11, 2011, the SFP announced that it had fined three former officers of P.M.I. Comercio Internacional, S.A. de C.V. (which we refer to as P.M.I. Comercio) an aggregate amount of Ps. 267.8 million and had dismissed the current Director General of P.M.I. Comercio, Ms. María del Rocío Cárdenas Zubieta, and fined her in an amount of Ps. 283.9 million, for allegedly committing acts of corruption during the period from January 2008 to January 2009. The alleged acts involved the use of improper contracting practices in the purchase and/or sale of petroleum products, which allegedly benefited certain of P.M.I. Comercio’s commercial counterparties and resulted in financial harm to P.M.I. Comercio in the amount of U.S. $24.3 million. Ms. Cárdenas Zubieta and the implicated former officers of P.M.I. Comercio were also banned from public sector employment for a period of 10 years and might face criminal charges.

In conjunction with the Ministry of Finance and Public Credit and the Ministry of Energy, PEMEX has implemented a number of measures to combat the illegal market in fuels, with the objective of eliminating associated risks to personnel, facilities, the general population and the environment, as well as minimizing losses of PEMEX’s refined products, crude oil and condensates. In addition, PEMEX seeks to prevent or deter theft in the workplace by analyzing information provided by certain measurement systems, field surveillance and control instruments. These include mobile laboratories, volumetric control at service stations, terminal operations measurement, satellite tracking, integrated control systems, closed circuit television and online measurement systems.

In connection with the effort to combat the incidence of theft in the national pipeline system, and in coordination with the Ministry of National Defense, the Secretary of the Navy and the Federal Attorney General’s Office, PEMEX took the following actions. In 2010, PEMEX carried out the identification and sealing of 710 illegal pipeline taps (631 in Pemex-Refining pipelines, 22 in Pemex-Exploration and Production pipelines and 57 in Pemex-Gas and Basic Petrochemicals pipelines), as compared to 462 such taps in 2009 (439 in Pemex-Refining pipelines, eight in Pemex-Exploration and Production pipelines and 15 in Pemex-Gas and Basic Petrochemicals pipelines). The states with the highest incidence of illegal taps in 2010 were: Veracruz with 145, Sinaloa with 101, the State of Mexico with 72, Nuevo León with 63, Tamaulipas with 60 and Puebla with 52. A corresponding criminal report was filed in each of these cases.

In the first five months of 2011, PEMEX carried out the identification and sealing of 494 illegal pipeline taps (462 in Pemex-Refining pipelines, seven in Pemex-Exploration and Production pipelines and 25 in Pemex-Gas and Basic Petrochemicals pipelines). The states with the highest incidence of illegal taps in this period were: Sinaloa with 140, Veracruz with 83, Tamaulipas with 44, the State of Mexico with 43 and Coahuila with 34. A corresponding criminal report was filed in each of these cases, which resulted in 30 individuals being charged with hydrocarbons theft. In addition, during the first five months of 2011 PEMEX implemented several strategic measures in order to decrease incidents of theft in its facilities, including the performance of 50 technical operational assessments in PEMEX facilities, in order to verify the proper application of operating procedures regarding the measurement and distribution of products and to detect those areas most vulnerable to illegal activities.

Theft and illegal trade in fuels reduce PEMEX’s revenues by the amount that would have been generated from the sale of the stolen products, and reduce its net income, because the production cost of stolen products is included in PEMEX’s cost of sales. The estimated lost volume of gasoline and diesel due to illicit activities during the period from January to May 2011 was 1.4 million barrels, 366.7% greater than the 0.3 million barrels of estimated lost volume during the same period of 2010. In addition, the estimated lost volume of crude oil and condensates during the period from January to May 2011 was 2.0 million barrels, 233.3% greater than the 0.6 million barrels of estimated lost volume during the same period of 2010.

 

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On June 7, 2010, Pemex-Exploration and Production filed a civil claim before the United States District Court for the Southern District of Texas against BASF Corporation, Murphy Energy Corporation, Trammo Petroleum Inc., BIO-UN Southwest Inc., Valley Fuels, U.S. Petroleum Depot, Inc., Continental Fuels Inc. and High Sierra Crude Oil Marketing, as well as against several individuals who were charged in criminal investigations related to illegal trade in fuel. Pemex-Exploration and Production is seeking damages in an amount up to the value of the stolen petroleum condensate that it believes was purchased and then resold by these companies. Subsequently, Pemex-Exploration and Production identified other companies allegedly involved in the illegal purchase and resale of stolen petroleum products originating in Mexico.

On May 29, 2011, Pemex-Exploration and Production filed an additional civil claim before the U.S. District Court for the Southern District of Texas against Big Star Gathering Ltd, L.L.P., F&M Transportation, Inc., James Jensen, Joplin Energy, LLC, f/k/a Hutchison Hayes Energy, LLC, Jeff Kirby, Plains All-American Pipeline, L.P., SemCrude, L.P., Saint James Oil, Inc., Superior Crude Gathering Inc., TransMontaigne Partners, L.P. and Western Refining Company, L.P. The purpose of these claims is to prevent the illegal purchase and resale of PEMEX’s products in the United States and to seek to recover damages caused by such activities. Pemex-Exploration and Production filed a motion to join these two claims. As of the date of this report, a final resolution is still pending.

Tourism

During the last three decades, the Government has implemented measures to promote the growth of the tourism industry. Through the Fondo Nacional de Fomento al Turismo (the National Fund for Tourism Development, or FONATUR), the Government has established tourist centers in Cancún, Ixtapa, Puerto Vallarta, Cabo San Lucas, Bahías de Huatulco and elsewhere. Mexico has increased its hotel and other lodging capacity from 132,701 rooms in 1970 to 623,555 in 2009, according to preliminary figures.

After merchandise exports (including in-bond industries) and worker remittances from abroad, tourism is Mexico’s third largest contributor of foreign exchange. The expansion of tourism that began in late 1986 continued through 2008, but ended in 2009. However, during 2010, revenues from international travelers (including both tourists and visitors who enter and leave the country on the same day) increased, totaling U.S. $11.9 billion, a 5.3% increase from the level during 2009. Revenues from tourists to the interior (as opposed to border cities) totaled U.S. $9.4 billion in 2010, an 8.5% increase from the level during 2009. The number of tourists to the interior in 2010, 12.8 million, represented an 8.4% increase from the level in 2009, while the average expenditure per tourist to the interior increased by 0.1%, to U.S. $732.46. During 2010, expenditures by Mexican tourists abroad amounted to U.S. $4.2 billion, a 5.9% increase from the level during 2009, while expenditures by Mexicans traveling abroad (which include both tourists and one-day visitors) amounted to U.S. $7.3 billion. The tourism balance recorded a surplus of U.S. $4.6 billion in 2010, a 10.7% increase from the U.S. $4.1 billion surplus recorded in 2009.

During the first eight months of 2011, revenues from international travelers (including both tourists and visitors who enter and leave the country on the same day) totaled U.S. $8.0 billion, representing a 3.7% decrease as compared to the same period of 2010. Revenues from tourists to the interior of Mexico (as opposed to border cities) totaled U.S. $6.3 billion during the first eight months of 2011, a 3.7% decrease as compared to the same period of 2010. The number of tourists to the interior of Mexico during the first eight months of 2011 totaled 8.6 million, a 3.3% decrease as compared to the same period of 2010. The average expenditure per tourist to the interior of Mexico during the first eight months of 2011 decreased by 0.3% to U.S. $735.2, as compared to the same period of 2010. During the first eight months of 2011, expenditures by Mexican tourists abroad amounted to U.S. $3.0 billion, an 10.2% increase as compared to the same period of 2010, while expenditures by Mexicans traveling abroad (which include both tourists and one-day visitors) totaled U.S. $5.0 billion. The tourism balance recorded a surplus of U.S. $3.0 billion during the first eight months of 2011, a decrease of 18.6% from the U.S. $3.6 billion surplus recorded during the same period of 2010.

 

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Agriculture

During 2010, approximately 54.2 million acres were cultivated, or about 11.2% of the country’s total area. In the same period, approximately 49.8 million acres were harvested, of which approximately 27.3% were irrigated.

According to preliminary figures, agriculture, livestock, fishing and forestry employed approximately 13.2% of the economically active population as of December 31, 2010 and accounted for 3.6% of Mexico’s GDP in 2010. The Government estimates that approximately 22.2% of Mexico’s population lived in rural areas in 2010.

According to preliminary figures, the output of the agriculture, livestock, fishing and forestry sector increased by 3.3% in real terms in 2010 as compared to 2009.

The Government considers the agricultural sector a national priority, and has instituted various measures aimed at enhancing agricultural productivity and improving the living standards of the rural population. Productivity increases are expected as a result of the consolidation of production into larger units, the expansion of the national irrigation system and the increased availability of credit. In order to improve the standard of living in rural areas, agricultural prices are reviewed by the Government to ensure they do not fall below cost. The Government has also encouraged private investment in the agricultural sector in the form of partnerships, joint ventures and supply arrangements between farmers and private sector companies.

Agricultural exports accounted for 2.9% of Mexico’s merchandise exports in 2010 (including in-bond industry), placing Mexico as the third largest source of agricultural imports into the United States, behind only Canada and the European Union. Agricultural exports increased in nominal terms by 11.4% in 2010 as compared to 2009. The main agricultural exports in 2010 were tomatoes, sugar, chilies and peppers.

Agricultural Reform

In 1990, roughly half of Mexico’s agricultural lands were held through the ejido system of land tenure. Ejidos developed as a direct result of the agrarian uprisings that were an important element of the Mexican Revolution of 1910 and are provided for and protected under the Constitution. Under the ejido system, peasant farmers work individual parcels of land to which title is held by the ejido, or peasant community. As discussed below, ejido farmers had the right to use communal lands, but, prior to January 1992, could not rent or otherwise transfer their rights to use such lands except to direct descendants.

In response to the slow growth of production by the ejido sector, attributable in part to increasing ejido populations, the subdivision of parcels into smaller and smaller units of production and disincentives to investment inherent in the ejido system, the Constitution was amended, effective as of January 1992, to permit more efficient use of ejido lands and the achievement of economies of scale. The amendments, together with the Ley Agraria (Agrarian Law) enacted by Congress and effective February 27, 1992, halted further redistribution of land and permitted ejido farmers to rent their parcels, to transfer the right to use their parcels to obtain financing and, in certain cases, to sell their land. In addition, corporations are now permitted to own agricultural lands, subject to certain limitations.

The modernization of the system of land tenure has and will continue to foster greater investment in agriculture by permitting landowners to access new sources of capital, to transfer land to more efficient producers and to make more efficient use of inputs. Although some ejido farmers have chosen to transfer possession of economically nonviable parcels of land and the Government anticipates that a number of ejido farmers will continue to do so, the increased productivity of the sector that has resulted and is expected to continue to result from the agricultural reform, as well as the growth of agribusiness, should generate employment opportunities for many of these workers outside of major urban areas. Nonetheless, the Government has increased its expenditures for investment in rural infrastructure and modernization of the agricultural sector to aid the process of agricultural reform and expects that further significant investments will be needed in the future to further modernize the agricultural sector.

 

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Historically, the Government has intervened in the agricultural economy in order to assure adequate supplies of staples of the Mexican diet and maintain farm incomes through price supports. The Government’s policy has changed from one of active participation in the chain of distribution to one of encouraging the market-oriented development of the agricultural sector.

The Government agency Apoyos y Servicios a la Comercialización Agropecuaria (ASERCA), which was created in 1991, is mandated with helping to modernize the process of agricultural trade by promoting an efficient national and international market information system, fostering training and improved organization in the marketplace, and planning and constructing infrastructure for the storage, financing and distribution of agricultural products. ASERCA does not purchase agricultural products, but instead channels distribution through its infrastructure and storage facilities, and promotes trading through an agricultural exchange system that reduces the need for layers of intermediaries and offers producers mechanisms to protect themselves against fluctuations in the market. To date, ASERCA has focused its activities on the marketing of soy, wheat, sorghum, rice, cotton and safflower.

The Programa de Apoyo al Campo (Agricultural Support Program, or PROCAMPO) is a program under the supervision of the Secretaría de Agricultura, Ganadería y Desarrollo Rural (Agriculture Ministry). This program, which was begun at the end of 1993, replaced price supports with direct economic support to producers of cotton, rice, safflower, barley, beans, corn, sorghum, soy and wheat in order to ensure a minimum income level for farmers who produce for their own consumption and a degree of profitability for commercial farmers. The substitution of price supports with direct payments to producers was designed to increase the responsiveness of Mexican producers to market conditions and result in a more efficient allocation of Mexico’s agricultural resources. The economic support each farmer receives depends on the area of land under cultivation, as well as regional climate and economic conditions.

On October 31, 1995, the Government, the state governments and representatives of Mexico’s agricultural and rural sectors established a national rural development program known as Alianza para el Campo (Rural Alliance). In 2002, this program was renamed Alianza Contigo (Alliance with You). Initially, the program was intended to increase productivity, fight poverty, raise the income of families living in Mexico’s rural areas, produce enough basic foods for the population, promote exports of agricultural products and provide support to rural investment projects. However, this program has since been reoriented to improving agricultural production and productivity, promoting investment and the capitalization of the agricultural sector, promoting strategic agricultural products, developing a tropical and subtropical agricultural system, as well as investigating and transferring technology. This program has played a key role in the Government’s strategy to improve the economic and social conditions of less developed sectors of Mexican society.

On April 28, 2003, the Government and representatives of Mexico’s rural sectors established a new national rural development program known as Acuerdo Nacional para el Campo (National Rural Agreement). This program is intended to fight poverty and raise the income level of families living in Mexico’s rural areas, as well as to continue to increase the productivity of and the investment in the rural sector.

Sugar Industry

In September 2001, the Government announced its decision to expropriate 27 sugar mills, roughly 46.7% of the sugar industry of the country, that were experiencing structural and financial problems. The expropriated mills are being administered by a government-owned development bank as trustee for the Fondo de Empresas Expropiadas del Sector Azucarero (Expropriated Sugar Companies Fund), a trust established to administer the expropriated assets of the sugar mills.

The Mexican sugar industry is heavily indebted. Accordingly, the Government is attempting to reorganize and restructure the industry while preserving employment in the industry during the restructuring process.

On February 19, 2004, the Supreme Court ruled in favor of claims originally filed by four of the subsidiaries of Grupo Azucarero México, S.A. de C.V. (GAM) asserting that the 2001 expropriations of four of the 27 total sugar mills were unconstitutional. The Court ordered the Government to return the four unconstitutionally expropriated mills to the shareholders of each mill as of the date of the original expropriations.

 

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A claim initiated by a fifth subsidiary of GAM was voluntarily withdrawn prior to the Court’s ruling. Other parties, including creditors of certain of the sugar companies whose mills were expropriated, have also filed claims against the Government (mainly Grupo Machado and Grupo Santos, former owners of 10 of the expropriated mills).

Between 2004 and 2011, the Government complied with the Supreme Court resolution by returning 14 mills (4 to GAM, 4 to Grupo Machado and 6 to Grupo Santos). Regarding the remaining 13 expropriated mills, four have been sold and are operating under private administration, and the others are expected to be sold shortly. Currently, there are 9 pending proceedings regarding the expropriated mills.

In August 2007, the Government announced the amendment of the Statutory Contract (Contrato-Ley) that regulates workers in the sugar industry. The main objective of the amendment is to modernize the labor relations of the sugar industry, thereby making the industry more competitive. Among the most relevant changes are new rules for the promotion of workers based on merit and productivity, as well as additional retirement benefits.

The 2010-2011 harvest yielded 5.2 million tons of sugar, as compared to the 2009-2010 harvest, which yielded 4.8 million tons of sugar.

Transportation and Communications

According to preliminary figures, Mexico’s road network, in large part built and maintained by the Government, totaled an estimated 227,984 miles (366,905 km) at December 31, 2010, approximately 84,663 miles (136,252 km) of which were paved and approximately 5,179 miles (8,335 km) of which were toll expressways. The main Mexican cities are serviced by domestic and international airlines while many of the smaller communities benefit from scheduled service by domestic airlines. The Government operates some of the facilities at the principal seaports. During 2010, the amount of cargo transported via Mexican ports totaled 272.0 million tons, 13.3% more than during 2009.

The Government has promoted an increased role for the private sector in the development, management and improvement of Mexico’s port facilities over the last decade. The 1993 Ley de Puertos (Ports Law) permits the Government to grant concessions of up to 50 years for the construction and operation of port facilities. In exchange for these concessions, the concessionaires are expected to develop and modernize the port facilities and surrounding transportation infrastructure. During 1993, 64 concessions were granted for the construction, management and operation of such port facilities. Since 1993, an additional 120 concessions have been granted, including four in 2010.

By the end of the 1980s, the length and condition of Mexico’s road infrastructure was insufficient to support the growth and modernization of the Mexican economy and the increased traffic resulting from the opening of the economy to foreign trade and investment. Lacking public resources to finance the expansion of the roads and highways, the Government embarked on a program under which private sector companies were granted long-term concessions for construction, operation and maintenance of toll roads. The program helped expand Mexico’s toll expressways by approximately 4,085 miles (6,574 km) from 1990 to 2010, according to preliminary figures.

However, the new toll expressways financed by the private sector experienced financial problems almost immediately due to high tolls (which discouraged their use), higher than expected construction costs and traffic volumes that were lower than originally projected. In response to this problem, in 1997 the Government approved a toll road restructuring program aimed at providing financial relief for toll road concessionaires to guarantee the maintenance of the toll roads and to establish the foundation for further development of the country’s highway infrastructure. Under this program, the Government reacquired 23 of the 52 concessions for construction, operation and maintenance of toll roads granted through 1994. Between May 2003 and October 2011, the Government auctioned 18 of the reacquired concessions to private sector operators.

According to the 2007-2012 Programa Nacional de Infraestructura (National Infrastructure Program), which was announced on July 18, 2007, the Government estimates that highway infrastructure investment over the five-year period from 2007 to 2012 will total Ps. 287.0 billion, consisting of Ps. 159.0 billion in public sector investment and Ps. 128.0 billion in private sector investment.

 

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On February 6, 2008, the Government announced the creation of the National Infrastructure Fund, which is intended to support the National Infrastructure Program by facilitating financing for the modernization and expansion of the country’s infrastructure. Through this fund, the Government continues to expect to allocate Ps. 270.0 billion for investment in infrastructure projects from 2008 to 2012. The National Infrastructure Fund authorized approximately Ps. 15 billion in 2008, approximately Ps. 29 billion in 2009 and approximately Ps. 32 billion in 2010, mainly on infrastructure projects in sectors such as transportation and communications, environmental protection and tourism.

Until 1995, Mexico’s railroad system, which carries an estimated 26% of all freight moved in Mexico, was operated through the state-owned railroad monopoly, Ferrocarriles Nacionales de México (Ferronales). Pursuant to a 1995 law governing railways, the Government divided the railway system into three regional lines and one terminal in the Valley of Mexico, as well as several short lines. By the end of 1999, the three regional lines were sold and 75% of the capital stock of the terminal in the Valley of Mexico was sold to the new owners of the three regional lines, with the Government retaining a 25% ownership interest in the terminal. In connection with this process, the Government granted concessions to private sector participants corresponding to 98% of the country’s railway freight services (in terms of the volume of transportation services) and covering 81% of the railway network. No additional concessions were granted after 1999. See “The Economy—The Role of the Government in the Economy; Privatization—Railways.”

In June 2007, Compañia de Ferrocarriles Chiapas-Mayab, S.A. de C.V., abandoned its concession to operate the Chiapas-Mayab railway and provide railway freight transportation services. The Government seized the assets of Compañia de Ferrocarriles Chiapas-Mayab to protect its rights and guarantee the provision of railway freight transportation services. In addition, the Government designated the government-owned Ferrocarril del Itsmo de Tehuantepec, S.A. de C.V. to operate the railway and provide railway freight transportation services on an interim basis. Compañia de Ferrocarriles Chiapas-Mayab filed a claim against the Government’s seizure, which was dismissed in May 2008. The Government expects to auction the seized concession upon completion of repairs to the railway.

According to preliminary figures, at December 31, 2010, Mexico had an estimated 17.3 telephone lines in service per 100 inhabitants, as compared to an estimated 16.0 telephone lines in service per 100 inhabitants at December 31, 2003. Telmex, which held the exclusive concession for domestic and international long-distance telephone services in Mexico until August 1996, was privatized in December 1990. In June 1995, Congress enacted a telecommunications liberalization law, and the Federal Telecommunications Commission has regulated and supervised telecommunications services since 1996. See “The Economy—The Role of the Government in the Economy; Privatization—Telecommunications.”

According to preliminary figures, the transportation and warehousing sector increased by 6.4% in real terms during 2010, as compared to a 6.5% decrease in real terms during 2009.

Construction

The construction sector is subject to cyclical trends and has been among the sectors most affected by the changes in Government and private sector expenditures. The construction sector benefited from the reconstruction, modernization and expansion of the federal highway network, as well as from other infrastructure, residential and industrial plant construction projects. According to preliminary figures, the output of the construction sector remained roughly constant in real terms during 2010, as compared to a 7.3% decrease in real terms during 2009.

Mining

Mexico has a substantial and varied array of mineral resources. Mexico is one of the world’s leading producers of silver, bismuth, antimony, fluorite, graphite, barite, molybdenum, lead and zinc. Mexico’s production of minerals satisfies most of its industrial needs and enables it to export silver, copper, sulfur and iron. According to preliminary figures, the mining, petroleum and gas sector increased by 2.2% in real terms during 2010, as compared to a decrease of 2.9% in 2009. The mining, petroleum and gas sector increased by 1.4% during the fourth quarter of 2010 compared to the same period of 2009, mainly due to an increase in the production of non-oil mining of 9.0%, while the production of oil mining decreased by 0.3%. Extractive mineral exports (excluding crude oil) increased by 67.4% in nominal terms in 2010 as compared to 2009. Extractive minerals exports (including oil and oil products) accounted for 14.8% of total merchandise exports (including in-bond industry exports) in 2010.

 

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Under the Constitution and applicable Mexican laws, mineral mining activities may only be carried out by the Government or by Mexican individuals or corporations, pursuant to concessions granted by the Government. However, foreign investment in Mexican mining companies is permitted, with the exception of the exploitation of radioactive minerals. The foreign investment and mining regulations permit foreign investors to hold, on a temporary basis, majority interests in companies engaged in mining activities. These regulations are aimed at promoting the development of the mining industry by increasing and broadening exploration, finding new sources of financing and investment and fostering the development of domestic technology. Mexico’s Ley Minera (Mining Law) permits exploration concessions of up to six years and exploitation concessions of up to 50 years.

Electric Power

As of December 31, 2010, approximately 99.0% of Mexico’s urban population and 93.1% of Mexico’s rural population (or 97.6% of the total population) had access to electric power. Providing additional access to electric power remains a Government priority. At December 31, 2010, installed generating capacity was 52,945 megawatts, an increase of 2.4% from 2009. Electric production for 2010 was 242,538 gigawatt hours, an increase of 3.2% as compared to 2009 and an overall increase of 7.8% since 2006. Of the total energy generated in 2010, 12.7% was produced by hydroelectric plants, 2.8% by geothermal plants, 7.6% by coal-fired plants, 3.6% by nuclear power plants, 0.1% by aeolian (wind) plants, 38.1% by hydrocarbons plants and 35.1% by independent producers. Diversification of energy resources is an important objective of the Government. Domestic energy generation in 2010 was supplemented by imports of electric power totaling 397 gigawatt hours. Mexico exported 1,348 gigawatt hours of electricity in 2010.

The Constitution and applicable Mexican laws provide that the generation, transmission, transformation and distribution of electric power constitute a public service, and are therefore reserved solely to the Mexican nation. At December 31, 2010, approximately 76.9% of electric generating capacity was held by the public sector through CFE. The balance of generating capacity is in privately owned facilities.

Private investors are allowed to participate in the electric energy sector in several ways. Under the 1992 Ley del Servicio Público de Energía Eléctrica (Electric Energy Public Service Law, or Electric Energy Law), electric energy can be produced by self-suppliers, cogenerators, independent producers and de minimis producers. However, self-suppliers and cogenerators must sell all excess production to CFE, independent producers must sell their production to CFE or export it (when authorized) and de minimis producers must sell their production to CFE, to small rural communities or to isolated areas without electric energy. The Electric Energy Law also contemplates the possibility of foreign investment in the Mexican electric energy industry, although only limited foreign investment has been made in this sector to date.

A consortium of U.S. and Mexican companies built the first independent power plant, the Samalayuca II 700 megawatt combined cycle thermoelectric power generation facility near Ciudad Juarez, Mexico, which is now being leased to CFE. Pursuant to the National Infrastructure Program, the Government anticipates investing a total of Ps. 380.0 billion in the electric energy sector over the 2007-2012 period, with Ps. 161 billion of that amount to be allocated for generation. CFE continually invests in electricity generation, transmission and distribution infrastructure in order to address Mexico’s growing electricity demand. In 2010, CFE invested Ps. 48,970.8 million in new electricity generation, transmission and distribution infrastructure. CFE’s financing and investment plans are updated annually and require the approval of the Mexican Congress.

On October 11, 2009, President Calderón issued a decree, which was published in the Official Gazette of the Federation, ordering the dissolution and liquidation of Luz y Fuerza del Centro. Previously, Luz y Fuerza del Centro was the decentralized public entity responsible for providing electricity to Mexico City and certain regions in the states of Hidalgo, Morelos and Puebla. CFE is now responsible for providing electricity in those areas previously served by Luz y Fuerza del Centro.

 

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FINANCIAL SYSTEM

Mexico’s financial system is composed of commercial banks, national development banks, securities brokerage houses, development trust funds and other non-bank institutions, such as insurance companies, bonding companies, foreign exchange houses, factoring companies, bonded warehouses, financial leasing companies and limited-scope financial institutions. Pursuant to the Financial Groups Law, multiple financial service companies may operate as part of a single group, provided that each financial service company is organized as a separate company owned by a single financial service holding company. In addition, each financial service holding company must own at least three different types of financial service companies. However, a financial service holding company may own only two financial service companies if each of those companies is a commercial bank, a securities firm or an insurance company.

The principal authorities that regulate Mexican financial institutions are the Ministry of Finance and Public Credit, Banco de México, the Comisión Nacional Bancaria y de Valores (the National Banking and Securities Commission, or the CNBV), the Comisión Nacional del Sistema del Ahorro para el Retiro (Retirement Savings Commission) and the Comisión Nacional de Seguros y Fianzas (National Insurance and Bonding Commission).

Under the Organic Law of the Federal Public Administration, the Ministry of Finance and Public Credit is responsible for the coordination and supervision of Mexico’s financial system and for the formulation of Mexico’s fiscal policy.

Central Bank and Monetary Policy

Banco de México, chartered in 1925, is the central bank of Mexico and, at December 31, 2010, had assets totaling Ps. 1,567.2 billion (U.S. $126.8 billion). Banco de México is Mexico’s primary authority for the execution of monetary policy and the regulation of currency and credit. It is authorized by law to regulate interest rates payable on time deposits, to establish minimum reserve requirements for credit institutions and to provide discount facilities for certain types of bank loans.

In 1993, a constitutional amendment relating to the activities and role of Banco de México in the economy came into effect. The amendment strengthened the authority of Banco de México with respect to monetary policy, foreign exchange and related activities, as well as the regulation of the financial services industry. The amendment’s purpose was to reinforce the independence of Banco de México, allowing it to act as a counterbalance to the executive and legislative branches in monetary policy matters. In 1994, a new law governing the activities of Banco de México put into effect the greater degree of autonomy granted to it under the constitutional amendment and established the Comisión de Cambios (the Foreign Exchange Commission), which is charged with determining the nation’s exchange rate policies. Under the 1994 law, Banco de México is managed by a five-member Junta de Gobierno (Board of Governors), consisting of one Governor and four Deputy Governors, appointed by the President of Mexico and confirmed by the Senate. The Governor of Banco de México is appointed for a six-year term beginning on January 1 of the fourth year of each Presidential administration. On December 28, 2009, President Calderón appointed Mr. Agustín Guillermo Carstens Carstens as Governor of Banco de México for a six-year term that commenced on January 1, 2010.

The principal objective of the Government’s monetary policy has been and continues to be the reduction of inflation. Accordingly, in the past, Banco de México has decreased the availability of domestic credit when the exchange rate depreciated, capital outflows occurred or inflation was higher than projected. In 1995, Banco de México introduced new reserve requirements (which were intended to limit the amount of overdrafts by banks of their accounts at Banco de México) to facilitate the regulation of liquidity and reduce Banco de México’s daily net extension of credit. In addition, Banco de México has established quarterly targets for the expansion of net domestic credit for each quarter since 1996.

 

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Banco de México’s definitions of Mexico’s monetary aggregates, introduced in July 1999, measure financial savings provided by the internal and external financial markets, separating savings of residents and nonresidents of the country in both markets. In addition, the monetary aggregates permit a differentiation of financial savings generated by the public and private sectors. The monetary aggregates can be described as follows:

 

   

M1 consists of bills and coins held by the public, plus checking accounts denominated in local currency and foreign currency, plus interest-bearing deposits denominated in pesos and operated by debit cards, plus savings and loan deposits;

 

   

M2 consists of M1, plus bank deposits, securities issued by the Government, securities issued by firms and non-bank financial intermediaries and liabilities of the Government and the Housing Fund Institute related to the Retirement Savings System;

 

   

M3 consists of M2, plus financial assets issued in Mexico and held by non-residents; and

 

   

M4 consists of M3, plus deposits abroad at foreign branches and agencies of Mexican banks.

The following table shows Mexico’s M1 and M4 money supply aggregates at each of the dates indicated.

Money Supply

 

     December 31,      August 31,  
     2006      2007      2008      2009      2010(1)      2011(1)  
     (in millions of nominal pesos)  

M1:

  

Bills and coins

   Ps. 389,598       Ps. 430,084       Ps. 494,400       Ps. 537,070       Ps. 599,363       Ps. 561,433   

Checking deposits

                 

In domestic currency

     532,663         604,757         623,403         654,923         794,128         784,559   

In foreign currency

     97,698         97,679         117,784         139,506         128,134         120,886   

Interest-bearing peso deposits

     195,678         214,195         244,105         276,680         304,404         297,633   

Savings and loan deposits

     2,883         3,338         3,229         6,464         7,289         7,774   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

Total M1

   Ps.  1,218,520       Ps.  1,350,053       Ps.  1,482,920       Ps.  1,614,642       Ps.  1,833,317       Ps.  1,772,285   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

M4

   Ps. 5,201,449       Ps. 5,719,994       Ps. 6,680,585       Ps. 7,127,518       Ps. 8,038,743       Ps. 8,739,614   

 

Note: Numbers may not total due to rounding.

(1) Preliminary.

Source: Banco de México.

2010 and 2011 Monetary Programs

Consistent with Mexico’s monetary program for 2010, Mexico’s monetary program for 2011 has as its principal objective the achievement of an inflation rate no higher than 3.0% (+/-1.0%) by the end of 2011. Consumer inflation during 2010 was 4.4%, which was 0.8 percentage points higher than during 2009. Mexico’s monetary programs for 2010 and 2011 were comprised of the following features:

 

   

the announcement of an explicit, multi-year plan to control inflation;

 

   

a systematic analysis of the economy and inflationary pressures;

 

   

a description of the instruments used by Banco de México to achieve its objectives; and

 

   

a policy of communication that promotes transparency, credibility and effective monetary policy.

Until 2008, Banco de México used a corto or “short” mechanism to induce the changes in interest rates needed to achieve its inflation objectives. Under this mechanism, Banco de México set a predetermined amount at which the daily average of the net total balance of all current accounts of banks accumulated during a certain period would close, and controlled that amount by restricting the amount of credit it auctioned to banks on a daily basis.

 

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In October 2007, Banco de México announced that as of January 21, 2008, it would begin using the overnight funding rate, rather than the corto mechanism as its primary monetary policy instrument. On April 27, 2007, Banco de México increased the minimum overnight funding rate from 7.00% to 7.25%. On October 26, 2007, Banco de México increased the minimum overnight funding rate from 7.25% to 7.50%. The minimum overnight funding rate remained at 7.50% from October 26, 2007 to June 20, 2008. Banco de México increased the minimum overnight funding rate to 7.75% on June 20, 2008, to 8.00% on July 18, 2008 and to 8.25% on August 15, 2008. In response to the global economic crisis, Banco de México decreased the minimum overnight funding rate to 7.75% on January 16, 2009, to 7.50% on February 20, 2009, to 6.75% on March 20, 2009, to 6.00% on April 17, 2009, to 5.25% on May 15, 2009, to 4.75% on June 19, 2009 and to 4.50% on July 17, 2009. Since July 17, 2009, the minimum overnight funding rate has remained at 4.50%.

At December 31, 2010, the monetary base totaled Ps. 693.4 billion, a 9.7% increase in nominal terms as compared to Ps. 632.0 billion at December 31, 2009. The net domestic credit of Banco de México registered a negative balance of Ps. 796.2 billion at December 31, 2010, as compared to a negative balance of Ps. 672.9 billion at the end of 2009. The 18.3% increase in the negative balance was primarily due to an increase in the net international assets of Banco de México that exceeded the increase in the monetary base during the year.

During 2010, the M1 money supply increased by 8.8% in real terms, as compared with a growth of 5.1% in real terms in 2009. This increase in growth in the M1 money supply was driven by a 6.9% increase in checking deposits in domestic currency by the public and a 16.1% increase in bills and coins held by the public, each in real terms in 2010 as compared to 2009.

Financial savings—defined as the difference between the monetary aggregate M4 and bills and coins held by the public—increased by 8.2% in real terms in 2010, as compared to 2.7% real growth in 2009. This growth was attributable to an increase in savings generated by non-residents of 83.4% and an increase in savings generated by Mexican residents of 3.2% in real terms in 2010.

At October 23, 2011, the monetary base totaled Ps. 644.1 billion, a 7.1% nominal decrease from the level of Ps. 693.4 billion at December 31, 2010, due to lower demand for bills and coins held by the public.

At August 31, 2011, the M1 money supply was 9.6% greater in real terms, as compared to the level at August 31, 2010. The amount of bills and coins held by the public at August 31, 2011 was 4.6% greater in real terms than at August 31, 2010, while the aggregate amount of checking account deposits denominated in pesos at August 31, 2011 was 15.8% greater in real terms than at August 31, 2010.

At August 31, 2011, financial savings were 10.0% greater in real terms than financial savings at August 31, 2010. Savings generated by Mexican residents increased by 3.4% and savings generated by non-residents increased by 81.3%, both in real terms and as compared to August 31, 2010.

Banking System

In September 1982, the Government decreed the nationalization of the private Mexican commercial banks. In November 1982, the Constitution was amended to implement the nationalization, under which the Government was granted a monopoly on the provision of banking and credit services. The number of banking institutions was reduced from 68 to 18 from 1982 to 1988.

Effective June 28, 1990, the Constitution was amended to permit Mexican individuals and financial holding companies to own controlling interests in Mexican commercial banks. Subsequently, the Ley de Instituciones de Crédito (Law of Credit Institutions, or the Banking Law) was enacted to regulate the ownership and operation of Mexican commercial banks. Pursuant to the Banking Law, Mexico began the process of privatizing commercial banks. By July 6, 1992, the Government had privatized all 18 state-owned commercial banks, with the proceeds from the sale of the banks exceeding U.S. $12 billion.

 

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In connection with the implementation of NAFTA, amendments to several laws relating to financial services, such as the Banking Law and the Ley del Mercado de Valores (Securities Market Law), became effective on January 1, 1994. These amendments permitted non-Mexican financial groups and financial intermediaries, through Mexican subsidiaries, to engage in various activities in the Mexican financial system, including banking and securities activities. In April 1994, the Ministry of Finance and Public Credit issued regulations that implemented these provisions. These regulations set forth rules under which Canadian and U.S. financial institutions (and other foreign financial institutions acting through Canadian or U.S. affiliates) are permitted to establish or acquire Mexican financial institutions and financial holding companies. Pursuant to these rules, the aggregate net capital of Mexican commercial banks controlled by foreign financial institutions was not permitted to exceed 25% of the total net capitalization of all Mexican banks prior to January 1, 2000 (excluding certain acquisitions pursuant to a program approved by the Ministry of Finance and Public Credit).

In December 1998, Congress approved legislation introducing additional financial and banking reforms. These reforms did not affect the general foreign ownership restrictions under the Banking Law, but removed the remaining restrictions on foreign ownership of the largest Mexican banks.

Development Banks

The Mexican banking system includes various development banks, the substantial majority of the capital of which is owned by the Government. The most important development banks are NAFIN, Bancomext and Banobras. NAFIN’s principal activities include the granting of credits to small- and medium-sized businesses, promoting the development of the securities market and serving as financial agent of the Government in certain international transactions. Bancomext’s principal activities are the granting of export- and import-related credits and the issuance of guaranties to private- and public-sector entities in the promotion of foreign trade. On June 13, 2007, ProMéxico, a new public trust, was created. This trust, which is supervised by the Ministry of Economy, has assumed certain of Bancomext’s responsibilities with respect to the promotion of foreign trade and foreign investment. Finally, Banobras’ principal activities consist of providing short, medium- and long-term financing to public enterprises and federal, state and municipal governments, as well as granting credits for low-income housing.

Under the laws establishing NAFIN, Bancomext and Banobras, the Government is responsible, at all times, for the transactions entered into by those development banks with foreign private, governmental and inter-governmental institutions, among others.

Banking Supervision and Support

Under the Banking Law, the CNBV is responsible for the supervision of commercial and development banks. The CNBV has the authority to impose sanctions for the failure to comply with the Banking Law or the regulations promulgated thereunder. The CNBV is administered by a board of directors composed of ten members in addition to its president and two of its vice presidents. Five of the members are appointed by the Ministry of Finance and Public Credit, three members are appointed by Banco de México, one member is appointed by the National Commission for the Retirement Savings System and one member is appointed by the National Insurance and Bonding Commission.

The CNBV has the power to declare an intervención (managerial intervention) in the management of financial holding companies, banks and securities dealers. Pursuant to this power, the CNBV may intervene in the management of a financial group at either the holding company or operating company level.

Background

From 1991 through 1994, the Government promulgated rules that, among other things, established procedures for classifying loans as “non-performing” and established loan loss reserve requirements and capital adequacy standards for Mexican commercial and development banks, pursuant to which Mexican banks are required to maintain capitalization levels consistent with international standards.

 

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The 1994-1995 peso devaluation and ensuing financial crisis created concerns about the stability of the Mexican banking system. The devaluation, higher domestic interest rates and contraction in real GDP combined to weaken the quality of the assets of Mexican banks, caused the capitalization of several banks to fall below the minimum required levels and created funding difficulties for many banks.

The weakening of the banking system prompted the Government to enact policies aimed at increasing the capitalization requirements for Mexican banks. New capital reserve requirements were introduced by Banco de México in March of 1995 to facilitate the regulation of liquidity. Pursuant to these requirements, a bank that overdraws its account with Banco de México must subsequently deposit funds, and maintain amounts on deposit, at least equal to the amount of the overdraft. Substantial fines may be imposed if a bank fails to make and maintain such deposits. The new reserve requirements were intended to reduce Banco de México’s daily net extension of credit. In addition, in 1997 the CNBV adopted significant changes in the accounting practices applicable to Mexican commercial banks and development banks, with the intent of making those practices more consistent with international accounting standards, including U.S. generally accepted accounting principles.

In response to the 1994-1995 financial crisis, the Government took a number of additional steps to support the banking system. These measures included broadening the scope for permissible investment by foreign and domestic investors in the equity of Mexican financial institutions, enhancing the power of the CNBV to supervise and intervene in the activities of financial holding companies and creating a number of debtor support programs to restructure past-due loans caused by the crisis, then-rising interest rates and the ongoing recession. From 1994 to 1996, the CNBV exercised its authority to intervene in the management of a number of Mexican financial institutions, including the Cremi/Union financial group, Grupo Financiero Asemex Banpaís, S.A. de C.V. and its banking and insurance subsidiaries, Banco Capital, S.A. and Banco del Sureste, S.A.

In addition, the Government established the Programa de Capitalización Temporal de la Banca (Temporary Capitalization Program, or PROCAPTE), a voluntary program to assist viable but undercapitalized banks, under which the Fondo Bancario de Protección de Ahorro (Banking Fund for the Protection of Savings, or FOBAPROA) advanced funds to participating banks in exchange for five-year, mandatorily convertible bonds. By May 1995, the value of bonds issued through PROCAPTE reached Ps. 7,008 million. In February 1997, the last bank participating in PROCAPTE liquidated its total participation, thus concluding the PROCAPTE program.

Through FOBAPROA, the Government made foreign exchange available through a foreign exchange credit window to help banks meet dollar liquidity needs. Outstanding drawings under this program reached their highest point of U.S. $3.8 billion in April 1995 and were completely repaid by August 31, 1995. No drawings were made after that date.

In 1995 and 1996, the Ministry of Finance and Public Credit approved recapitalization plans for twelve of Mexico’s financial institutions, many of which involved strategic investments by foreign financial institutions and the purchase by FOBAPROA of large portions of the loan portfolios of the affected banks.

IPAB

In 1999, the Government’s program to rescue troubled banks, first implemented in 1995, was restructured. Under the revised scheme, FOBAPROA was replaced by the Instituto para la Protección al Ahorro Bancario (Bank Savings Protection Institute, or IPAB), which assumed FOBAPROA’s assets and liabilities, except for certain liabilities that were explicitly excluded under the financial reforms.

IPAB also manages a deposit insurance program. During 1999, IPAB commenced a transition program under which deposit insurance limits were introduced gradually. Deposit insurance is now limited to 400,000 Unidades de Inversión (UDIs), units of account whose value in pesos is indexed to inflation on a daily basis, as measured by the change in the NCPI), per person or entity, per institution. At October 25, 2011, one UDI was worth Ps. 4.598904.

Congress allocates funds to IPAB on an annual basis to manage and service IPAB’s net liabilities, but those liabilities have not become public sector debt as had been originally proposed.

 

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In emergency situations, IPAB is permitted to contract, without congressional authorization, additional financing every three years in an amount not to exceed 6% of the total liabilities of Mexican banking institutions. At June 30, 2011, IPAB’s debt totaled Ps. 852.4 billion, as compared to Ps. 835.6 billion at December 31, 2010.

In addition to Mexico’s auctions of debt securities in the domestic market, IPAB also sells, through auctions conducted by Banco de México, peso-denominated debt securities in Mexico, known as Bonos de Protección al Ahorro (Savings Protection Bonds). IPAB uses the proceeds of these sales to service its maturing obligations, improve the maturity profile of its indebtedness and reduce its financing costs. Three types of Savings Protection Bonds are offered by IPAB: BPAs, BPATs and BPA182s. BPAs have a three-year maturity and pay interest monthly at a rate (reset monthly) equal to the greater of the 28-day Cetes rate and the rate applicable to one-month bank notes (Pagarés con Rendimiento Liquidable al Vencimiento). IPAB placed a total of Ps. 62.4 billion of BPAs in the market in 2010, as compared to a total of Ps. 63.8 billion of BPAs sold in 2009. BPATs have a five-year maturity and pay interest every 91 days at a rate (reset quarterly) equal to the 91-day Cetes rate. IPAB placed a total of Ps. 87.1 billion of BPATs in the market in 2010, as compared to a total of Ps. 67.2 billion of BPATs sold in 2009. BPA182s, which were first offered in May 2004, have a seven-year maturity and pay interest every 182 days at a rate (reset every six months) equal to the 182-day Cetes rate. IPAB placed a total of Ps. 68.9 billion of BPA182s in the market in 2010, as compared to a total of Ps. 50.1 billion of BPA182s sold in 2009.

In addition to its other activities, IPAB is now in the process of selling loan portfolios and other assets acquired by FOBAPROA during the 1994-1996 period. Significant sales of commercial loan assets since the beginning of 2006 include the following:

 

   

In February 2006, IPAB auctioned a bundle of commercial loans of Banco Banorte and Banco Santander Serfin. The amount received for the loan portfolio was Ps. 756.4 million. The net proceeds from this transaction represented 7.9% of the portfolio’s face value of Ps. 9,626.5 million.

 

   

In December 2006, IPAB auctioned a bundle of commercial loans of Banco Union. The amount received for the loan portfolio was Ps. 112.4 million. The net proceeds from this transaction represented 2.9% of the portfolio’s face value of Ps. 3,880.4 million.

 

   

In February 2009, IPAB auctioned a bundle of commercial loans of Estrategia Bursátil S.A. de C.V. Casa de Bolsa. The amount received for the loan portfolio was Ps. 1.7 million. The net proceeds from this transaction represented 190.4% of the portfolio’s face value of Ps. 0.9 million.

 

   

In September 2010, IPAB auctioned a bundle of trusts of Banco del Centro S.A. and Banpaís, S.A. The amount received for the trust portfolio was Ps. 26.9 million. The net proceeds from this transaction represented 7.2% of the portfolio’s face value of Ps. 374.6 million.

Since the IPAB’s last auction of a loan portfolio in September 2010, there has been no further activity in this area.

Global Financial Crisis

In response to the global financial crisis, the Government and Banco de México announced on October 27, October 29 and October 30, 2008, a series of joint actions aimed at reducing liquidity problems and stabilizing domestic financial markets, including:

 

   

a reduction in the amount of long-term fixed rate peso- and UDI-denominated bonds and an increase in the amount of Cetes offered through Government securities auctions during the fourth quarter of 2008;

 

   

a reduction in the weekly issuances of Savings Protection Bonds by IPAB in the fourth quarter of 2008;

 

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a program conducted by Banco de México to repurchase up to Ps. 150 billion of debt securities issued by IPAB, resulting in the repurchase of Ps. 145.9 billion of debt securities in three auctions held on November 4, November 11 and November 18, 2008;

 

   

auctions carried out by Banco de México of interest rate swaps of up to Ps. 50 billion, through which market participants were able to exchange their exposure to long-term fixed interest rates for short-term variable interest rates, thereby allowing investors holding long-term fixed rate instruments to reduce their vulnerability to interest rate fluctuations. Banco de México used the 28-day TIIE as the reference rate for the variable interest rate. The auctions were held on November 14 and November 19, 2008, resulting in the allocation of Ps. 4.4 billion of swaps;

 

   

the decision to increase by up to U.S. $5 billion the financing provided to Mexico by the World Bank and the IADB. In addition, on March 10, 2010, the Foreign Exchange Commission requested that the IMF renew the approximately U.S. $48 billion contingent credit line originally granted by the IMF to Mexico on April 17, 2009, due to continued uncertainties related to global economic conditions and credit availability. On March 25, 2010, the IMF approved a one-year renewal of the contingent credit line. Subsequently, in December 2010, the Foreign Exchange Commission submitted a request for an advance renewal and amendment of the contingent credit line. On January 10, 2011, the IMF approved an advance renewal of the contingent credit line, thereby extending the term of the credit line to two years and increasing the amount available under the line to approximately U.S. $72 billion. As of the date of this report, no amounts have been disbursed under this contingent credit line;

 

   

an agreement between Banco de México and the Federal Reserve Bank of New York to establish temporary swap facilities of up to U.S. $30 billion effective until February 1, 2010. These facilities were designed to provide financial institutions in Mexico with liquidity in U.S. dollars and provide Banco de México with greater flexibility in addressing the demand for U.S. dollars in the Mexican financial markets. On April 21, 2009, Banco de México utilized this swap facility to provide U.S. $3.2 billion in dollar-denominated loans, with 264-day terms and interest resetting every 88 days, to commercial and development banks in Mexico. This swap facility expired in February 2010 and was not renewed; and

 

   

the repurchase by Banco de México and the Ministry of Finance and Public Credit of Ps. 4.3 billion of MBonos (fixed rate peso-denominated government bonds) and UDI 713 million (Ps. 3.0 billion) of Udibonos (government bonds denominated in UDIs) through auctions conducted in December 2008.

Regulation

The Ministry of Finance and Public Credit adopted new rules governing the capitalization requirements for Mexican commercial banks effective January 1, 2000. These rules require Mexican commercial banks to:

 

   

limit to 20% the amount of deferred taxes arising from fiscal losses that may be included as Tier 1 capital;

 

   

classify all new issuances of subordinated convertible debt as Tier 2 capital. Outstanding subordinated mandatorily convertible debt, subject to current limitations, will remain as Tier 1 capital until its maturity or conversion;

 

   

exclude investments in non-financial companies and companies whose shares are not traded on the Mexican Stock Exchange from Tier 1 capital, except where those investments result from the capitalization of restructured loans; and

 

   

exclude from Tier 2 capital certain specific assets, including credit card debt, mortgages and commercial loans, and establish general loan loss reserves for these types of assets.

 

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The rules also allow Mexican commercial banks, as part of a capitalization program, to issue cumulative and noncumulative subordinated debt securities through a special purpose vehicle, thereby providing them with a new financing alternative in international markets. These securities must have a minimum maturity of ten years, be designated as unsecured and deeply subordinated debt of the bank and provide for the deferral (cumulative) or cancellation (noncumulative) of interest payments in certain circumstances, as well as payment of the face value on the maturity date. Subject to certain limitations, noncumulative instruments may be included as Tier 1 capital.

In October 2010, the Basel Committee on Banking Supervision established, among other items, stricter capital reserve requirements for banks of member countries to help ensure that these banks would be able to withstand the type of stress experienced during the recent global financial crisis. Beginning on January 1, 2013, member countries must implement these new capital requirements, which banks will be required to comply with by the end of 2018. As a result of the strict capital reserve requirements already in place in Mexico, Mexican banks should not need to significantly modify their capital structures in order to comply with the new capital requirements by the stated deadline.

During the second half of 2000, the Government continued to establish rules and criteria for the regulation of banking institutions in accordance with accepted international practices. In September 2000, the Government issued new rules for classifying the quality of loan portfolios of commercial banking institutions. At the same time, the rules governing the capitalization requirements of commercial banks were modified. In October 2000 and again in September 2003, the Government announced new rules for classifying the credit portfolios of development banks.

Under these rules, development banks are required to:

 

   

maintain a minimum net capital that reflects the market and credit risks of their operations;

 

   

gather the information necessary to grant or restructure various types of credit, both guaranteed and non-guaranteed;

 

   

maintain adequate records, implement procedures by which to verify recorded information and make such records available to certain identified creditors;

 

   

establish procedures by which to manage risk and perform their credit activity; and

 

   

implement a system of internal controls on operations.

The Banking Law was further amended on June 4, 2001 to:

 

   

enhance corporate governance by (1) expanding minority shareholders’ rights, (2) introducing independent board members and (3) requiring an audit committee of the board of directors;

 

   

improve the framework for banking operations by (1) providing adequate regulation regarding the provision of banking services using new technologies, (2) allowing banks to offer additional services and (3) setting a new framework for related operations; and

 

   

strengthen regulation and surveillance while reducing their cost by (1) introducing prompt corrective actions based on banks’ capitalization levels, (2) defining responsibilities and activities of the various financial authorities and (3) expanding the role of external auditors.

A number of additional reforms to the Banking Law became effective on February 2, 2008. These reforms:

 

   

enhanced the CNBV’s authority to supervise financial services companies. Specifically, the CNBV may perform visits to banks to review, verify, test and evaluate their operations, processes and internal control and risk management systems;

 

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increased the conditions for the granting of credit to customers, including the requirement that banks analyze and evaluate—using quantitative and qualitative information—the creditworthiness of their customers;

 

   

improved transparency and reliability by requiring banks to periodically disclose certain corporate, financial, administrative, operational, economic and legal information on their websites and in a national newspaper;

 

   

provided the CNBV with the power to inspect and supervise entities that provide external audit services to banks, including members of the audit team, in order to verify auditors’ compliance with the Banking Law; and

 

   

introduced bancos de nicho (limited-purpose banks), which are permitted to engage in only a limited amount of banking activities as set forth in their by-laws.

At December 31, 2010, the total amount of past-due loans of commercial banks (excluding banks under Government intervention and those in special situations) was Ps. 49.7 billion, as compared to Ps. 60.6 billion at December 31, 2009. At December 31, 2010, the total loan portfolio of the banking system was 3.4% greater in real terms than the total loan portfolio at December 31, 2009. The past-due loan ratio of commercial banks was 2.3% at December 31, 2010, as compared to a ratio of 3.1% at December 31, 2009. The amount of loan loss reserves held by commercial banks (excluding banks under Government intervention and those in special situations) totaled Ps. 99.4 billion at December 31, 2010, as compared to Ps. 105.3 billion at December 31, 2009. As a result, commercial banks had reserves covering 200.2% of their past-due loans at December 31, 2009, exceeding the minimum reserve level of 45%.

At June 30, 2011, the total amount of past-due loans of commercial banks (excluding banks under Government intervention and those in special situations) was Ps. 59.8 billion, as compared with Ps. 49.7 billion at December 31, 2010. At June 30, 2011, the total loan portfolio of the banking system was 5.1% greater in real terms than the total loan portfolio at December 31, 2010. The past-due loan ratio of commercial banks was 2.7% at June 30, 2011, as compared to a ratio of 2.3% at December 31, 2010. The amount of loan loss reserves held by commercial banks (excluding banks under Government intervention and those in special situations) totaled Ps. 108.6 billion at June 30, 2011, as compared to Ps. 99.4 billion at December 31, 2010. As a result, commercial banks had reserves covering 181.5% of their past-due loans at June 30, 2011, exceeding the minimum reserve level of 45%.

On July 28, 2010, the Consejo de Estabilidad del Sistema Financiero (Financial System Stability Council) was created by the President of Mexico. It is composed of members from the supervisory and regulatory authorities of the Mexican financial system. The main functions of the Financial System Stability Council are to:

 

   

identify risks that could interrupt or disrupt the function of the financial system;

 

   

recommend and coordinate any measures to be taken by the Mexican financial authorities to avoid risks to the financial market;

 

   

advise the Executive Branch in matters related to financial stability; and

 

   

prepare an annual report discussing the stability of the Mexican financial markets and describing any activities and measures taken by the Council during the preceding year to promote financial stability.

 

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Credit Allocation by Sector

The following table shows the allocation by sector of credit extended by commercial and development banks at each of the dates indicated.

Credit Allocation by Sector(1)

 

     December 31,     May 31,  
     2006     2007     2008     2009     2010(2)     2011(2)  
     (in billions of pesos and as % of total)         

Agriculture, forestry and fishing

   Ps. 22.2         1   Ps. 28.0         1   Ps. 33.9         2   Ps. 29.9         1   Ps. 33.9         1   Ps. 34.2         1

Industry

     217.0         13        324.5         16        420.6         19        449.2         19        512.1         20        534.4         20   

Services and other activities

     306.9         18        375.0         19        452.5         20        462.3         20        494.6         19        518.6         20   

Housing credit

     243.8         14        289.8         15        326.3         15        355.6         15        395.4         16        406.0         15   

Spending credit

     391.7         23        492.1         25        489.4         22        409.5         17        426.5         17        455.8         17   

Statistical adjustment

     4.7         0        0.3         0        0.1         0        0.5         0        0.2         0        0.5         0   

Financial sector

     135.0         8        151.0         8        169.5         8        185.0         8        173.1         7        183.0         7   

Public sector

     194.8         12        197.7         10        226.2         10        371.4         16        413.4         16        417.7         16   

Others

     152.4         9        99.7         5        69.8         3        47.0         2        44.2         2        43.0         2   

External sector

     17.8         1        21.6         1        41.6         2        46.1         2        51.6         2        50.8         2   
  

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

 

Total

   Ps.  1,686.3         100   Ps.  1,979.7         100   Ps.  2,229.8         100   Ps.  2,356.4         100   Ps.  2,545.0         100   Ps.  2,644.1         100
  

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

 

Interbank sector

     2.9           2.0         1.7             1.2           1.8           3.2      

 

Note: Numbers may not total due to rounding.

(1) Includes commercial and development banks.
(2) Preliminary.

Source: Banco de México.

Insurance Companies, Mutual Funds and Auxiliary Credit Institutions

As discussed above, in connection with the implementation of NAFTA, amendments to several laws relating to the financial services industry became effective on January 1, 1994, and were implemented through regulations issued by the Ministry of Finance and Public Credit on April 20, 1994. Under these rules, non-Mexican financial groups and financial intermediaries are permitted, through Mexican subsidiaries, to engage in various activities, including the provision of insurance, in Mexico.

In addition, pursuant to the 1995 amendments to the Ley General de Instituciones y Sociedades Mutualistas de Seguros (Mexican Insurance Company Law), foreign investors may purchase up to 49% of the capital stock of Mexican insurance companies. Moreover, foreign financial institutions domiciled in countries that have entered into trade agreements with Mexico may, with the approval of the Ministry of Finance and Public Credit, acquire a majority of the capital stock of a Mexican insurance company. Mexican insurance companies may use the services of intermediaries located in Mexico or abroad for their reinsurance transactions and may issue non-voting or limited voting shares, as well as subordinated debt obligations. Finally, foreign insurance companies are permitted, with the prior approval of the Ministry of Finance and Public Credit, to establish representative offices in Mexico.

The Ley General de Organizaciones y Actividades Auxiliares del Crédito (Auxiliary Credit Organizations Law), as amended in 1993, governs financial intermediaries. Pursuant to the law:

 

   

no individual or entity is permitted to hold directly or indirectly more than 10% of the paid-in capital of financial intermediaries without the prior authorization of the Ministry of Finance and Public Credit;

 

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auxiliary credit institutions and foreign exchange brokers are required to allocate 10% of their profits to a capital reserve fund until that fund equals their paid-in capital;

 

   

financial leasing companies are entitled to judicially enforce the repossession of goods leased in the event of a default by the lessee; and

 

   

the CNBV is authorized to prevent auxiliary credit institutions from using misleading documentation.

Pursuant to the 1995 amendments to the Auxiliary Credit Organizations Law, foreign investors may purchase up to 49% of the capital stock of auxiliary credit institutions. In addition, foreign financial institutions domiciled in countries that have entered into trade agreements with Mexico may, with the approval of the Ministry of Finance and Public Credit, acquire a majority of the shares representing capital stock of an auxiliary credit institution.

On June 4, 2001, the Ley de Sociedades de Inversión (Mutual and Investment Funds Law) went into effect. This law was designed to develop financial intermediaries other than banks, thereby allowing retail investors to participate in a more transparent and liquid securities market. Other goals of the law included:

 

   

the introduction of the concept of investment fund distributors; and

 

   

the avoidance of conflicts of interest between investment funds and operating companies by (1) requiring that one third of the members of the board of directors of each investment fund be independent and (2) precluding brokerage houses and banks from acting directly as operating companies.

The Securities Markets

The Mexican Stock Exchange is the only authorized stock exchange involved in the listing and trading of equity and debt securities in Mexico. Upon the consummation of the initial public offering of its shares on June 18, 2008, the Mexican Stock Exchange was transformed from a sociedad anónima de capital variable (private company) to a sociedad anónima bursátil de capital variable (a public company). In connection with the initial public offering of its shares, certain former stockholders of the Mexican Stock Exchange (banks and brokerage houses) created a control trust into which they deposited more than 50% of the issued and outstanding shares of the Mexican Stock Exchange with the purpose of voting such shares as a single block in the future. Both debt and equity securities are listed and traded on the Mexican Stock Exchange, including stocks and bonds of private sector corporations, equity certificates or shares issued by banks, commercial paper, bankers’ acceptances, certificates of deposit, Government debt and special hedging instruments linked to the dollar. Currently, institutional investors are the most active participants in the Mexican Stock Exchange, although retail investors also play a role in the market. The Mexican equity market is one of Latin America’s largest in terms of market capitalization, but it remains relatively small and illiquid compared to major world markets.

The Ley del Mercado de Valores (Securities Market Law) was enacted in 1975 and has been amended on several occasions since. It was amended in 1993 to include more flexible rules for the repurchase by Mexican companies of their own shares and new rules relating to privileged information, as well as to permit the listing of foreign securities on the Mexican Stock Exchange upon the authorization of the Ministry of Finance and Public Credit, the CNBV and Banco de México. The 1993 amendments also provided for the creation of an international quotation system. In addition, since July 1994, foreign securities firms have been permitted to establish representative offices in Mexico with the prior approval of the Ministry of Finance and Public Credit. As of December 31, 2010, five foreign securities firms were authorized by the Ministry of Finance and Public Credit to maintain representative offices in Mexico.

In conjunction with the 1995 and 1998 amendments to the Banking Law, certain restrictions on the shareholding structure of securities firms were relaxed. These restrictions mirror those that apply to Mexican commercial banks. See “—Banking System” for a discussion of the current shareholding structure and foreign ownership restrictions.

 

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In December 2005, the Mexican Congress passed a new Securities Market Law to enhance the institutional framework of the securities market in Mexico. The new law, which entered into effect on June 28, 2006, clarified several aspects of the existing law, including disclosure requirements and the reach of the law’s application to holding companies and subsidiaries. In addition, the new law improved minority shareholders’ rights and introduced new requirements and fiduciary duties applicable to board members, officers and external auditors of publicly traded companies. The new law also redefined certain corporate responsibilities, requiring the creation of audit and corporate governance committees with independent board members.

The market capitalization of the Mexican Stock Exchange was U.S. $352.0 billion at the end of 2009, representing a 47.9% increase in dollar terms from its year-end 2008 level. The value of transactions on the Mexican Stock Exchange totaled U.S. $113.0 billion in 2009, 15.2% less than in 2008. Fixed income securities (i.e., commercial paper, notes, bonds and ordinary participation certificates) accounted for 1.0% of transactions and equity securities (i.e., shares and certificates of patrimonial contribution) accounted for the remaining 98.2% of transactions.

The market capitalization of the Mexican Stock Exchange was U.S. $453.5 billion at the end of 2010, representing a 28.8% increase in dollar terms from its year-end 2009 level. The value of transactions on the Mexican Stock Exchange totaled U.S. $190.3 billion in 2010, 68.4% higher than in 2009. Fixed income securities (i.e., commercial paper, notes, bonds and ordinary participation certificates) accounted for 0.1% of transactions and equity securities (i.e., shares and certificates of patrimonial contribution) accounted for the remaining 99.0% of transactions.

The Mexican Stock Exchange publishes the Índice de Precios y Cotizaciones (Stock Market Index) based on a group of the 35 most actively traded shares. At December 31, 2010, the Stock Market Index stood at 38,550.8 points, representing a 20.0% nominal increase from the level of 32,120.5 at December 31, 2009.

At October 24, 2011, the Stock Market Index stood at 35,265.56 points, representing an 8.5% nominal decrease from the level at December 31, 2010.

The following graph illustrates the Stock Market Index for the periods indicated.

LOGO

 

 

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EXTERNAL SECTOR OF THE ECONOMY

Foreign Trade

Since the late 1980’s, Mexico has utilized an outward-looking approach to facilitate economic development, concentrating on export-led growth. This approach replaced the import substitution economic development model adopted by Mexico in the 1940’s to promote industrialization through the protection of local industries, which in its latter stages was financed by the expansion of oil exports and debt accumulation.

In order to encourage the growth of non-oil exports, the Government has advanced a comprehensive set of trade, fiscal, financial and promotional measures designed to create a macroeconomic environment in which Mexican exports will be more competitive. The Government’s decision to join GATT in 1986 resulted in, among other things, an important reduction in the protection traditionally given to domestic producers. A five-tier tariff structure was established at the end of 1987 with a maximum rate of 20%. Average tariff rates declined from 22.6% in 1986 to 13.1% in 1992 and 6.9% in 2010. As of December 2010, approximately 98.7% of tariff items and 83.9% of imports by value were exempt from import permit requirements and other non-tariff barriers.

The following table provides information about the value of Mexico’s merchandise exports and imports (excluding tourism) for the periods indicated.

Exports and Imports

 

     2006     2007     2008     2009     2010     First eight
months of
2011(1)
 
     (in millions of dollars, except average price of the Mexican crude oil mix)  

Merchandise exports (f.o.b.)

            

Oil and oil products

   $ 39,017      $ 43,014      $ 50,635      $ 30,831      $ 41,693      $ 37,331   

Crude oil

     34,707        37,937        43,342        25,614        35,919        32,748   

Other

     4,310        5,077        7,294        5,217        5,775        4,583   

Non-oil products

     210,908        228,861        240,707        198,872        256,780        193,284   

Agricultural

     6,836        7,415        7,895        7,726        8,610        7,218   

Mining

     1,321        1,737        1,931        1,448        2,424        2,527   

Manufactured goods(2)

     202,752        219,709        230,882        189,698        245,745        183,539   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total merchandise exports

     249,925        271,875        291,343        229,704        298,473        230,615   

Merchandise imports (f.o.b.)

            

Consumer goods

     36,901        43,055        47,941        32,828        41,423        33,130   

Intermediate goods(2)

     188,632        205,295        221,565        170,912        229,812        173,533   

Capital goods

     30,525        33,599        39,097        30,645        30,247        22,596   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total merchandise imports

     256,058        281,949        308,603        234,385        301,482        229,260   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Trade balance

   $ (6,133   $ (10,074   $ (17,261   $ (4,681   $ (3,009   $ 1,356   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Average price of Mexican oil mix(3)

   $ 53.04      $ 61.64      $ 84.38      $ 57.40      $ 72.33      $ 99.81   

 

Note: Numbers may not total due to rounding.

(1) Preliminary figures.
(2) Includes the in-bond industry.
(3) In U.S. dollars per barrel.

Source: Banco de México.

As a result of the export promotion strategy referred to above, Mexico’s non-oil exports have increased more than thirty-fold since 1982, reaching U.S. $256.8 billion (or 86.0% of total merchandise exports including in-bond industries) in 2010. Over the last twenty years, the composition of Mexico’s non-oil exports has also changed. In 2010, U.S. $245.7 billion (or 95.7%) of Mexico’s non-oil exports (including the in-bond industry) were represented by manufactured goods, as compared with U.S. $5.8 billion (or 77.1%) in 1982.

 

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In 2008, Mexico registered a trade deficit of U.S. $17.3 billion, as compared to a trade deficit of U.S. $10.1 billion in 2007. Merchandise exports increased by 7.2%, to U.S. $291.3 billion in 2008, as compared to U.S. $271.9 billion in 2007, mainly due to a 36.9% increase in the average price per barrel of Mexican crude oil exports. In 2008, petroleum exports increased by 17.7% and non-petroleum exports increased by 5.2%. Exports of manufactured goods increased by 5.1% in 2008, representing 79.2% of total merchandise exports in 2008.

Total imports increased by 9.5% to U.S. $308.6 billion during 2008, mainly due to increased domestic demand. Imports of intermediate goods increased by 7.9%, imports of capital goods increased by 16.4% and imports of consumer goods increased by 11.3% during 2008.

During 2009, Mexico registered a trade deficit of U.S. $4.7 billion, as compared with a trade deficit of U.S. $17.3 billion for 2008. Merchandise exports decreased by 21.2%, to U.S. $229.7 billion during 2009, as compared to U.S. $291.3 billion in 2008. During 2009, petroleum exports decreased by 39.1%, from U.S. $50.6 billion in 2008 to U.S. $30.8 billion in 2009, mainly as a result of lower crude oil production by PEMEX, which resulted from the decline in production from the Cantarell fields, lower international crude oil prices and petroleum product prices, and decreased demand for petroleum products. During 2009, non-petroleum exports decreased by 17.4%, from U.S. $240.7 billion in 2008 to U.S. $198.9 billion in 2009. Exports of manufactured goods, which represented 82.6% of total merchandise exports, decreased by 17.8% during 2009, from U.S. $230.9 billion in 2008 to U.S. $189.7 billion in 2009, due to lower demand for manufactured goods as a result of the global economic crisis and the consequent recession in Mexico’s key export markets, including the United States.

During the year ended December 31, 2009, total imports decreased by 24.0% to U.S. $234.4 billion, as compared to U.S. $308.6 billion in 2008, due to decreased domestic demand. In particular, imports of intermediate goods decreased by 22.9%, imports of capital goods decreased by 21.6% and imports of consumer goods decreased by 31.5%, each as compared to 2008.

During 2010, Mexico registered a trade deficit of U.S. $3.0 billion, as compared with a trade deficit of U.S. $4.7 billion for 2009. Merchandise exports increased by 29.9% during 2010 to U.S. $298.5 billion, as compared to U.S. $229.7 billion for 2009. During 2010, petroleum exports increased by 35.2%, due to higher crude oil and product prices and an increase in the volume of crude oil exports. During 2010, non-petroleum exports increased by 29.1%, from U.S. $198.9 billion in 2009 to U.S. $256.8 billion in 2010, mainly due to the recovery of demand for exports of manufactured goods. Exports of manufactured goods, which represented 82.3% of total merchandise exports, increased by 29.5% during 2010, as compared with exports of manufactured goods during 2009, primarily due to the recovery of economic activity in the United States.

During 2010, total imports increased by 28.6%, from U.S. $234.4 billion in 2009 to U.S. $301.5 billion in 2010. In particular, imports of intermediate goods increased by 34.5%, imports of capital goods decreased by 1.3% and imports of consumer goods increased by 26.2%, each as compared to 2009.

According to preliminary figures, during the first eight months of 2011, Mexico registered a trade surplus of U.S. $1.4 billion, as compared with a trade deficit of U.S. $1.4 billion for the same period of 2010. Merchandise exports increased by 20.4% during the first eight months of 2011 to U.S. $230.6 billion, as compared to U.S. $191.5 billion for the same period of 2010. During the first eight months of 2011, petroleum exports increased by 42.4%, while non-petroleum exports increased by 17.0%, each as compared with the petroleum and non-petroleum export totals, respectively, in the same period of 2010. Exports of manufactured goods, which represented 79.6% of total merchandise exports, increased by 16.3% during the first eight months of 2011, as compared with exports of manufactured goods during the same period of 2010.

According to preliminary figures, during the first eight months of 2011, total imports increased by 18.8% to U.S. $229.3 billion, as compared to U.S. $192.9 billion for the same period of 2010. During the first eight months of 2011, imports of intermediate goods increased by 17.1%, imports of capital goods increased by 20.0% and imports of consumer goods increased by 27.9%, each as compared to imports in the same period of 2010.

 

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Geographic Distribution of Trade

The United States is Mexico’s most important trading partner. In 2010, trade with the United States accounted for approximately 80.0% of Mexico’s total exports and 48.1% of Mexico’s total imports.

The following table shows the distribution of Mexico’s external trade for the periods indicated:

Distribution of Trade(1)

 

     2006     2007     2008     2009     2010(2)  

Exports (f.o.b.):

          

U.S.A.

     84.7     82.1     80.2     80.6     80.0

Canada

     2.1        2.4        2.4        3.6        3.6   

EU

     4.4        5.4        5.9        5.1        4.8   

Of which:

          

Spain

     1.3        1.4        1.5        1.1        1.3   

U.K.

     0.4        0.6        0.6        0.5        0.6   

Germany

     1.2        1.5        1.7        1.4        1.2   

Netherlands

     0.5        0.7        0.9        0.7        0.6   

China

     0.7        0.7        0.7        1.0        1.4   

Japan

     0.6        0.7        0.7        0.7        0.6   

Others

     7.5        8.8        10.1        9.1        9.6   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total

     100.0     100.0     100.0     100.0     100.0
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Imports (f.o.b.):

          

U.S.A.

     50.9     49.5     49.0     48.0     48.1

Canada

     2.9        2.8        3.1        3.1        2.9   

EU

     11.3        12.0        12.7        11.6        10.8   

Of which:

          

Spain

     1.4        1.4        1.3        1.3        1.1   

U.K.

     0.8        0.8        0.8        0.8        0.7   

Germany

     3.7        3.8        4.1        4.2        3.7   

Netherlands

     0.6        0.9        1.4        0.9        0.9   

China

     9.5        10.5        11.2        13.9        15.1   

Japan

     6.0        5.8        5.3        4.9        5.0   

Others

     19.4        19.4        18.7        18.6        18.2   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total

     100.0     100.0     100.0     100.0     100.0
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

 

Note: Numbers may not total due to rounding.

(1) Includes the in-bond industry on a gross basis.
(2) Preliminary.

Source: Banco de México.

NAFTA entered into force on January 1, 1994. NAFTA:

 

   

removed most customs duties imposed on goods traded among Mexico, the United States and Canada;

 

   

removed or relaxed many investment restrictions, including restrictions on foreign investment in banking, insurance and other financial service activities;

 

   

liberalized trade in services and provides for protection of intellectual property rights;

 

   

provided a specialized means for resolution of trade disputes arising under NAFTA; and

 

   

promoted trilateral, regional and multilateral cooperation.

The three parties to NAFTA also negotiated and entered into supplemental accords to this agreement relating to labor and environmental issues, as well as separate understandings on emergency actions in response to import surges and the funding of environmental infrastructure projects in the Mexico-U.S. border region. In addition, different combinations of the three countries have also reached understandings on various specific issues.

 

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Since NAFTA entered into force in 1994, trade between Mexico, the United States and Canada has increased. Mexican exports to the United States increased from U.S. $185.1 billion in 2009 to U.S. $238.7 billion in 2010, mainly due to higher demand for Mexican goods in the United States as a result of the recovery of economic activity in the United States. Nevertheless, Mexican exports to the United States increased at a lower rate (28.9%) than did United States exports to Mexico (29.0%).

A free trade agreement between Mexico and Chile went into effect on August 1, 1999, expanding the terms of the trade agreement originally entered into by these countries in 1992. Mexico’s free trade agreement with Colombia and Venezuela and a similar agreement with Bolivia entered into force on January 1, 1995, although Venezuela withdrew from this agreement on November 19, 2006. Mexico entered into a free trade agreement with Costa Rica in January 1995 and with Nicaragua in July 1998. In February 2000, Mexico and Israel signed a free trade agreement, which took effect on July 1, 2000. The agreement covers tariffs on industrial and agricultural products exported by Mexico to Israel and on agricultural technology, medical and agricultural equipment and agricultural products exported by Israel to Mexico. In March 2000, Mexico and the European Union signed a free trade agreement, which took effect on July 1, 2000. The agreement covers industrial tariffs, agricultural goods, services, public procurement, rules of competition and investment, intellectual property, rules of origin and dispute resolution. In June 2000, Mexico signed a free trade agreement with Guatemala, Honduras and El Salvador, which took effect on March 15, 2001, for Guatemala and El Salvador, and on June 1, 2001, for Honduras. The agreement covers tariffs on industrial and agricultural products traded among the four countries, as well as rules governing the export and import of services among the four countries. On November 15, 2003, Mexico signed a free trade agreement with Uruguay, which entered into effect on July 15, 2004. On September 17, 2004, Mexico signed a free trade agreement with Japan, which entered into effect on April 1, 2005. In addition, Mexico is participating in the negotiations for the Free Trade Area of the Americas (FTAA), and is negotiating a free trade agreement with the four members of the Common Market of the South (MERCOSUR), Argentina, Brazil, Paraguay and Uruguay.

On November 18, 1993, Mexico was admitted as a member of the Asian Pacific Economic Cooperation Association. In addition, Mexico became a member of the WTO on January 1, 1995, the date on which the WTO superseded the GATT.

The Ley de Comercio Exterior (Foreign Trade Law), enacted in 1993, grants broad powers to the President to establish import and export duties and other trade restrictions. Under the law, the Ministry of Economy is authorized to resolve trade-related disputes and establish procedures for the imposition of countervailing duties. The Foreign Trade Law created the Comisión de Comercio Exterior (Foreign Trade Commission), an agency that operates within the Ministry of Economy, to administer these procedures. In addition, the Foreign Trade Law specifically defines and regulates unfair trade practices, thereby more closely aligning Mexico’s trade regulatory framework with current international practices and standards.

In-bond Industry

Mexico’s in-bond industry imports components and raw materials free of duties and, in turn, exports finished products with the manufacturer paying tariffs only on the value added in Mexico. Initially established along the border with the United States, in-bond plants now operate in other regions of the country, where they have access to a larger and more diverse labor pool and are able to take greater advantage of inputs available from Mexican suppliers. According to preliminary figures, more than half of the value added by the in-bond industry in 2010 related to the production of auto parts, transportation equipment and electronic products.

As of December 31, 2010, the number of in-bond plants totaled 5,108, down from 5,245 as of December 31, 2009. According to preliminary figures, as of December 31, 2010 in-bond plants employed 1,806,055 workers, an increase from 1,641,465 workers as of December 31, 2009. This increase in employment was primarily due to increased demand for Mexican manufactured goods in the domestic and United States markets given the economic recovery in both countries. According to preliminary figures, revenues from in-bond operations during 2010 increased by 25.8%, from Ps. 1,868.1 billion in 2009 to Ps. 2,350.4 billion in 2010, Ps. 1,315.2 billion of which was generated from export sales and Ps. 1,035.2 billion was generated from domestic sales.

 

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As of April 30, 2011, the number of in-bond plants totaled 5,087, down from 5,108 as of December 31, 2010. According to preliminary figures, as of April 30, 2011, in-bond plants employed 1,853,784 workers, an increase from 1,806,055 workers as of December 31, 2010. This increase in workers employed by the in-bond industry was primarily due to increased demand for Mexican manufactured goods resulting from the growth of the industrial production in the United States. According to preliminary figures, revenues from in-bond operations during the first four months of 2011 increased by 12.6% as compared to the same period of 2010, from Ps. 732.1 billion in the first four months of 2010 to Ps. 824.1 billion during the same period of 2011, Ps. 464.9 billion of which was generated from export sales and Ps. 359.2 billion was generated from domestic sales.

Balance of International Payments

Since 1988, Mexico has registered a deficit in its current account, primarily due to increases in imports by the private sector and the Government’s trade liberalization policies.

During 2008, Mexico’s current account registered a deficit of 1.5% of GDP, or U.S. $16.3 billion, as compared to a deficit of U.S. $8.9 billion in 2007. The capital account registered a surplus of U.S. $27.7 billion in 2008, as compared to a surplus of U.S. $22.1 billion in 2007, primarily as a result of increases in foreign financing of the external indebtedness of the private sector (non-banking) and of public sector infrastructure-related (PIDREGAS) projects, which were partially offset by a decrease in foreign direct investment. Foreign investment in Mexico totaled U.S. $28.7 billion in 2008, and was composed of direct foreign investment inflows totaling U.S. $26.3 billion and net foreign portfolio investment inflows (including securities placed abroad) totaling U.S. $2.4 billion.

During 2009, Mexico’s current account registered a deficit of 0.7% of GDP, or U.S. $6.4 billion, as compared to a deficit of U.S. $16.3 billion in 2008. The capital account registered a surplus of U.S. $19.0 billion in 2009, as compared to a surplus of U.S. $27.7 billion in 2008, primarily due to increased external indebtedness of the public sector, Banco de México’s utilization of U.S. $3.2 billion in dollar-denominated loans under temporary swap facilities established with the Federal Reserve Bank of New York and the cessation of the Government’s oil revenue hedging activities in international markets. Foreign investment in Mexico totaled U.S. $23.0 billion in 2009, and was composed of direct foreign investment inflows totaling U.S. $15.3 billion and net foreign portfolio investment inflows (including securities placed abroad) totaling U.S. $7.6 billion.

During 2010, Mexico’s current account registered a deficit of 0.5% of GDP, or U.S. $5.6 billion, as compared to a deficit of U.S. $6.4 billion in 2009. The capital account registered a surplus of U.S. $36.7 billion in 2010, as compared to a surplus of U.S. $19.2 billion in 2009, primarily due to increased foreign investment inflows to Mexico, which resulted from: (i) increased liquidity in the international financial markets; and (ii) the inclusion of Mexican Government long-term bonds in the Citigroup’s World Government Bonds Index (WGBI) in October 2010, which led to increased foreign investment in the Government’s peso-denominated debt securities. Foreign investment in Mexico totaled U.S. $43.4 billion in 2010, and was composed of direct foreign investment inflows totaling U.S. $19.6 billion and net foreign portfolio investment inflows (including securities placed abroad) totaling U.S. $23.8 billion.

According to preliminary figures, during the first six months of 2011, Mexico’s current account registered a deficit of 0.3% of GDP, or U.S. $3.6 billion, as compared to a deficit of U.S. $0.4 billion for the same period of 2010. The capital account registered a surplus of U.S. $27.1 billion in the first six months of 2011, as compared to a surplus of U.S. $15.6 billion in the same period of 2010. Foreign investment in Mexico totaled U.S. $25.2 billion during the first six months of 2011, and was composed of direct foreign investment inflows totaling U.S. $10.6 billion and net foreign portfolio investment inflows (including securities placed abroad) totaling U.S. $14.6 billion.

 

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The following table sets forth Mexico’s balance of payments for the periods indicated:

Balance of Payments

 

     2006     2007     2008     2009     2010     First six
months of
2011(1)
 
     (in millions of dollars)  

I. Current account(2)

   $ (4,487   $ (8,851   $ (16,339   $ (6,352   $ (5,626   $ (3,639

Credits

     298,426        323,617        342,539        271,331        340,788        193,454   

Merchandise exports (f.o.b.)

     249,925        271,875        291,343        229,704        298,473        171,277   

Non-factor services

     16,221        17,489        18,040        14,767        15,435        8,156   

Tourism

     12,177        12,852        13,289        11,275        11,872        6,179   

Others

     4,045        4,637        4,751        3,492        3,564        1,977   

Factor Services

     6,244        7,749        7,566        5,269        5,290        2,687   

Interest

     5,097        6,312        5,845        3,813        3,718        1,824   

Others

     1,147        1,437        1,721        1,456        1,571        862   

Transfers

     26,037        26,503        25,591        21,592        21,590        11,336   

Debits

     302,914        332,468        358,878        277,683        346,414        197,093   

Merchandise imports (f.o.b.)

     256,058        281,949        308,603        234,385        301,482        167,936   

Non-factor services

     21,957        23,794        25,419        23,172        25,046        13,415   

Insurance and freight

     7,418        8,297        10,000        7,510        8,723        4,895   

Tourism

     8,108        8,375        8,526        7,073        7,283        3,656   

Others

     6,431        7,122        6,893        8,531        9,040        4,864   

Factor services

     24,811        26,617        24,728        20,066        19,800        15,618   

Interest

     13,762        14,738        14,521        11,755        12,676        7,765   

Others

     11,049        11,879        10,206        8,310        7,124        7,854   

Transfers

     88        108        128        60        86        124   

II. Capital account

     (2,379     22,111        27,673        18,980        34,924        27,090   

Liabilities

     15,536        52,143        36,753        36,963        67,686        33,578   

Loans and deposits

     (9,834     15,081        8,008        13,982        25,239        8,374   

Development banks

     (7,959     (1,040     (496     794        648        (872

Commercial banks

     446        3,026        (1,160     (28     9,552        5,910   

U.S. Federal Reserve swap facility

     —          —          —          7,229        (3,221     —     

Non-financial public sector

     (14,068     (5,908     (3,432     9,638        13,021        236   

Non-financial private sector

     4,722        5,778        242        (3,652     5,239        3,099   

PIDIREGAS(3)

     7,026        13,225        12,853        —          —          —     

Foreign investment

     25,369        37,062        28,745        22,981        42,448        25,204   

Direct

     20,052        29,734        26,295        15,334        18,679        10,601   

Portfolio

     5,317        7,328        2,450        7,648        23,769        14,603   

Equity securities

     2,805        (482     (3,503     4,169        641        (2,083

Debt securities

     2,512        7,810        5,953        3,479        23,127        16,686   

Assets

     (17,914     (30,032     (9,080     (17,983     (32,763     (6,488

III. Errors and omissions

     5,863        (2,974     (3,896     (7,294     (6,618     (8,052

IV. Change in net international reserves(4)

     (989     10,311        7,450        5,397        22,759        15,753   

 

Note: Numbers may not total due to rounding.

(1) Preliminary figures.
(2) Current account figures are calculated according to a methodology developed to conform to new international standards under which merchandise exports and merchandise imports include the in-bond industry.
(3) As of January 1, 2009, external financing of PIDIREGAS-related projects are recorded as non-financial public sector indebtedness.
(4) The sum of items I, II and III does not equal item IV because purchases and sales of gold and silver, as well as adjustments in their value are not reflected in items I, II and III.

Source: Banco de México.

Mexico’s Foreign Exchange Commission, composed of members of the Ministry of Finance and Public Credit and Banco de México, establishes Mexico’s exchange rate policy, as well as Mexico’s policies for the accumulation of international reserves.

The Government establishes quarterly targets for the expansion of net domestic credit, and has done so since 1996. At that time, the definition of “net domestic credit” was changed to be more consistent with international standards.

 

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“Net domestic credit” is now defined as the variation of the monetary base (currency in circulation plus bank deposits at the central bank) less the variation of Banco de México’s “net international assets.” “Net international assets” is defined as (a) gross international reserves plus (b) assets with a maturity longer than six months derived from credit agreements with central banks, less (x) liabilities outstanding to the IMF and (y) liabilities with a maturity shorter than six months derived from credit agreements with central banks.

On March 20, 2003, the Foreign Exchange Commission adopted a mechanism to moderate the rate of accumulation of international reserves. Under this mechanism, Banco de México announced at the beginning of each quarter, beginning in May 2003, the total amount of dollars to be supplied to the currency market during the quarter. The amount of dollars to be sold, which was sold exclusively to Mexican credit institutions, equaled 50% of the increase in net international reserves registered during the previous quarter less the total amount of dollars sold through this mechanism during the previous quarter. The total amount of dollars to be sold in a quarter was sold through daily auctions, each for an amount equal to the total for the quarter divided by the number of business days in the quarter.

On March 12, 2004, the Foreign Exchange Commission announced that, effective May 3, 2004, it would adjust the mechanism used to moderate the rate of accumulation of international reserves described in the preceding paragraph. Under the adjusted mechanism, Banco de México continued to make quarterly announcements regarding the daily amounts of dollars to be supplied to the currency market pursuant to the same formula, but the total amount announced was divided into four equal portions to be sold in the following four quarters. The total amount of dollars to be sold in a quarter was accomplished through daily auctions, each for an amount equal to the total for the quarter divided by the number of business days in the quarter. The amount of dollars auctioned during the quarter from February through April 2007 was U.S. $26 million and from May through July 2007 was U.S. $21 million. On July 17, 2007, Banco de México announced that it would suspend its daily auctions of dollars for the quarter from August through October 2007, because there had been an accumulation of net international reserves registered during the preceding four quarters. The amount of dollars auctioned during the quarter from November 2007 through January 2008 was U.S. $9 million, from February 2008 through April 2008 was U.S. $20 million, and from May 2008 through July 2008 was U.S. $32 million. On July 25, 2008, the Foreign Exchange Commission announced that, effective August 1, 2008, it was suspending the auction mechanism until further notice in order to compensate for the decrease in the balance of international reserves caused by the Ministry of Finance and Public Credit’s purchase of U.S. $8 billion of U.S. dollars from Banco de México.

On October 8, 2008, Banco de México announced a new policy under which it would conduct an auction of U.S. $400 million on any day during which the depreciation of the peso exceeded 2%, as compared to the previous day’s exchange rate. On March 5, 2009, Banco de México announced that it was reducing the value of these auctions to U.S. $300 million. In addition, Banco de México announced that beginning on March 9, 2009, it would auction U.S. $100 million each day through additional auctions. These additional auctions would be conducted by Banco de México irrespective of whether the peso had depreciated as compared to the previous day’s exchange rate. On May 29, 2009, Banco de México announced that the value of the depreciation-contingent auctions would be reduced to U.S. $250 million each day and, beginning on June 9, 2009, the value of the daily additional auctions would be reduced to U.S. $50 million. On September 1, 2009, Banco de México announced that beginning on October 1, 2009, the daily additional auctions would be suspended; however, the depreciation-contingent auctions would continue. On April 9, 2010, Banco de México announced that it was suspending the depreciation-contingent auctions as of April 12, 2010. From March 9, 2009 through September 30, 2009, Mexico sold an aggregate of U.S. $10.3 billion through the special daily auctions. From October 9, 2008 through April 9, 2010, Mexico sold an aggregate of U.S. $8.3 billion through the depreciation-contingent auctions.

In addition to the regular auctions described above, from October 8, 2008 to September 17, 2009, Banco de México conducted the following special auctions of dollars for a total amount of U.S. $11 billion: (i) on October 8 and October 9, 2008 a special auction of U.S. $2.5 billion; (ii) on October 10, 2008, two special auctions, each for an aggregate amount of U.S. $3.0 billion; (iii) on October 16, 2008, a special auction of U.S. $1.5 billion; and (iv) on October 23, 2008, a special auction of U.S. $1.0 billion.

On February 4, February 5 and February 6, 2009, in response to abnormal exchange rate volatility and a scarcity of liquidity in the foreign exchange market, Banco de México carried out extraordinary sales of U.S. dollars to Mexican banks for an aggregate amount of U.S. $1.1 billion. Banco de México carried out additional extraordinary sales of dollars on February 20, February 23 and February 27, 2009 for an aggregate amount of U.S. $0.9 billion.

 

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On February 22, 2010, the Foreign Exchange Commission announced that it would conduct auctions of options, which would allow the holder of the option to sell U.S. dollars to Banco de México. This system is designed to allow Mexico to gradually accumulate international reserves without affecting the exchange rate.

Pursuant to the new auction policy and commencing in February 2010, Banco de México began conducting an auction on the last business day of each month, in which participating financial institutions can purchase options to sell U.S. dollars to Banco de México. These options remain exercisable on any day of the month immediately following the auction. The holders of these options will be able to sell U.S. dollars to Banco de México at the tipo de cambio interbancario de referencia (reference interbank exchange rate, or FIX) as determined by Banco de México on the business day immediately prior to the exercise of the option, so long as the applicable rate does not exceed the observed average of the FIX over the 20 business days preceding the exercise date. The amount of options available for auction each month is U.S. $600 million. From February 26, 2010 through October 25, 2011, Banco de México auctioned an aggregate of U.S. $12.0 billion in options through this mechanism, and through October 25, 2011, Banco de México had purchased an aggregate of U.S. $9.0 billion from holders upon the exercise of these options.

In December 2010, the Foreign Exchange Commission submitted a request to the IMF for an advanced renewal and amendment of Mexico’s contingent credit line with the IMF, which would extend the term of the credit line to two years and increase the amount available under the line to approximately U.S. $72 billion. On January 10, 2011, the IMF granted this request. As of the date of this report, no amounts have been disbursed under the contingent credit line.

At December 31, 2010, Mexico’s international reserves totaled U.S. $113.6 billion, an increase of U.S. $22.8 billion from the amount at December 31, 2009. The net international assets of Banco de México totaled U.S. $120.6 billion at December 31, 2010, an increase of U.S. $20.8 billion from the amount at December 31, 2009.

At October 21, 2011, Mexico’s international reserves totaled U.S. $138.9 billion, an increase of U.S. $25.3 billion from the amount at December 31, 2010. The net international assets of Banco de México totaled U.S. $142.9 billion at October 21, 2011, an increase of U.S. $22.3 billion as compared to December 31, 2010.

 

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The following table sets forth the international reserves and net international assets of Banco de México at the end of each period indicated.

International Reserves and Net International Assets(3)

 

Year

   End-of-Period
International Reserves(1)(2)
     End-of-Period
Net International Assets
 
     (in millions of dollars)  

2006

     67,680         76,304   

2007

     77,991         87,235   

2008

     85,441         95,232   

2009

     90,838         99,870   

2010

     113,597         120,621   

2011

     

January

     118,992         123,558   

February

     121,916         126,485   

March

     122,708         128,295   

April

     125,794         131,295   

May

     128,156         131,209   

June

     129,349         133,926   

July

     134,011         138,528   

August

     136,885         143,443   

September

     137,962         141,122   

 

(1) International reserves of Banco de México include gold, Special Drawing Rights and foreign exchange holdings.
(2) International reserves are equivalent to gross international reserves minus international liabilities of the central bank with maturities of less than six months.
(3) Net international assets are defined as (a) gross international reserves plus (b) assets with maturities greater than six months derived from credit agreements with central banks, less (x) liabilities outstanding to the IMF and (y) liabilities with maturities of less than six months derived from credit agreements with central banks.

Source: Banco de México.

Direct Foreign Investment in Mexico

Mexico’s Ley de Comercio Exterior (Foreign Investment Law) establishes a set of rules designed to provide foreign investors with legal certainty and encourage foreign investment in Mexico. The law, which became effective in December 1993, liberalized certain restrictions on foreign investment in Mexico, permitting the ownership by foreign investors of 100% of the capital stock of a Mexican company, if certain conditions are satisfied. The law also sets forth certain economic activities that are reserved for the Government or for Mexican investors and the different activities in which foreign investment may not exceed 10%, 25%, 30% or 49% of the total investment. While the Government recognizes that Mexico is competing for capital with many other countries, including China and nations in Eastern and Central Europe, the Government believes that, because of the increased competitiveness and productivity of Mexico’s economy, it will be able to maintain access to sources of investment capital.

In addition, the Foreign Investment Law allows foreign investors to purchase equity securities traded on the Mexican Stock Exchange that would otherwise be restricted to Mexican investors, provided that certain conditions are satisfied. With the authorization of the Ministry of Economy, investment trusts may be established by Mexican banks, with the banks acting as trustees to purchase these securities. These trusts, in turn, issue ordinary participation certificates that may be acquired by foreign investors, which grant only economic rights to their holders and do not confer voting rights in the companies whose stock is held by the trusts (such voting rights being exercisable only by the trustee).

According to preliminary figures, during 2010, net foreign investment in Mexico, as recorded in the balance of payments, totaled U.S. $42.4 billion, and was composed of direct foreign investment of U.S. $18.7 billion and net foreign portfolio investment (including securities placed abroad) inflows of U.S. $23.8 billion. Total accumulated direct foreign investment in Mexico, excluding the direct foreign investment that has not been registered with the Registro Nacional de Inversiones Extranjeras (National Foreign Investment Registry), during the 2006-2010 period totaled approximately U.S. $110.1 billion.

 

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Of the total direct foreign investment accumulated during the 2006-2010 period, excluding that in securities, 43.6% has been channeled to manufacturing, 16.7% to financial services, 10.6% to real estate and rental services, 7.8% to mining, 7.6% to commerce, 3.8% to construction, 2.6% to mass media, 0.7% to transportation, 0.6% to electricity and water, 0.2% to agriculture, livestock, fishing and forestry, and 5.7% to other services.

According to preliminary figures, net foreign investment in Mexico, as recorded in the balance of payments, totaled U.S. $25.2 billion during the first six months of 2011, and was composed of direct foreign investment of U.S. $10.6 billion and net portfolio foreign investment (including securities placed abroad) inflows of U.S. $14.6 billion.

The following table shows, by country of origin, direct foreign investment in Mexico, as notified to the National Foreign Investment Registry, and the cumulative totals from January 1, 2006 through December 31, 2010.

Direct Foreign Investment(1)

 

     Direct Foreign
Investment in 2010(2)
    Cumulative Total
2006-2010(2)
 
     (in millions of dollars, except percentages)  

United States

   $ 5,269.4         28.2   $ 48,133.1        43.7

Canada

     870.5         4.7        6,420.8        5.8   

Spain

     1,417.9         7.6        15,768.1        14.3   

Netherlands

     8,843.9         47.3        21,186.8        19.2   

United Kingdom

     478.9         2.6        3,546.1        3.2   

Germany

     298.4         1.6        2,168.6        2.0   

Luxembourg

     303.4         1.6        1,493.8        1.4   

Virgin Islands

     11.4         0.1        2,892.1        2.6   

Switzerland

     251.5         1.3        1,924.6        1.7   

Japan

     164.9         0.9        (500.1     (0.5

Others

     769.0         4.1        7,060.4        6.4   
  

 

 

    

 

 

   

 

 

   

 

 

 

Total

   $ 18,679.3         100.0   $ 110,094.8        100.0
  

 

 

    

 

 

   

 

 

   

 

 

 

 

Note: Numbers may not total due to rounding.

(1) Preliminary.
(2) Excludes direct foreign investment that has not been registered with the National Foreign Investment Registry.

Source: National Foreign Investment Commission (Informe Estadístico sobre el Comportamiento de la Inversión Extranjera Directa en México).

Subscriptions to International Institutions

At April 30, 2011, Mexico’s subscription to the IMF was 3,625.7 million Special Drawing Rights (SDR) (equal to approximately U.S. $5.9 billion). On April 30, 2011, Banco de México repurchased its entire outstanding IMF repurchase obligations and has not incurred any new repurchase obligations since that date.

Mexico’s subscription to the capital of the World Bank was U.S. $2.27 billion at June 30, 2011. Of this amount, U.S. $139.0 million has been paid in, and the balance is callable only if the World Bank requires this balance to meet its obligations for borrowed funds or guaranteed loans. At September 30, 2011, excluding cancellations, the World Bank had authorized gross loans to Mexico totaling U.S. $46.3 billion, of which U.S. $42.9 billion had been disbursed.

At June 30, 2011, Mexico’s contribution to the capital of the International Development Association was U.S. $185 million and its subscription to the capital of the International Finance Corporation was U.S. $27.6 million, all of which has been paid. Both the International Development Association and the International Finance Corporation are part of the World Bank Group. At June 30, 2011, the International Finance Corporation had authorized credits to and made investments in Mexico totaling U.S. $6.8 billion.

At December 31, 2010, Mexico’s subscription to the capital of the Inter-American Development Bank (IADB) was U.S. $7.0 billion, one of the largest subscriptions of the IADB’s Latin American members. Of that subscription, U.S. $299.0 million has been paid and the balance is callable if required to meet the IADB’s obligations. Mexico’s contribution to the IADB Fund for Special Operations was U.S. $329.0 million at December 31, 2010. The IADB had authorized gross loans to Mexico totaling U.S. $28.8 billion (excluding cancellations), of which U.S. $25.7 billion has been disbursed.

 

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At December 31, 2010, Mexico’s contribution to the capital of the Inter-American Investment Corporation (IAIC), an affiliate of the IADB, was U.S. $50 million, and the IAIC had made investments in Mexico totaling U.S. $394.7 million. During 2009 and 2010, the IAIC approved projects in Mexico for U.S. $44 million and U.S. $61 million, respectively. During 2010, the IAIC approved U.S. $61 million of investments in Mexico, which consisted of a U.S. $10 million loan to Almacenadora Mercader, S.A., a U.S. $32 million loan to Banco Compartamos, S.A., a U.S. $6 million credit line to Celsol, S.A. de C.V., a U.S. $3.5 million loan to Constructoras ICA S.A. de C.V., a U.S. $2.5 million loan to Edilar S.A. de C.V., a U.S. $4 million loan to Grupo FinTerra S.A. de C.V. and a U.S. $3 million loan to Multinational Industrial Fund II, L.P.

Mexico has also contributed capital to the Caribbean Development Bank and the European Bank for Reconstruction and Development. At December 31, 2010, Mexico had subscribed to a total of U.S. $225.0 million of capital of the North American Development Bank, whose purpose is to improve environmental conditions along the United States-Mexico border. Banco de México has also been a member of the Bank for International Settlements since 1996. At December 31, 2010, Banco de México had subscribed to 3,211 shares of the Bank for International Settlements’ third tranche of capital.

Exchange Controls and Foreign Exchange Rates

Since December 22, 1994, the Government has maintained a floating exchange rate policy, with Banco de México intervening in the foreign exchange market from time to time to minimize volatility and ensure an orderly market. The Government has also promoted market-based mechanisms for stabilizing the exchange rate, such as over-the-counter forward and options contracts between banks and their clients in Mexico, as well as the authorization of peso futures trading on the Chicago Mercantile Exchange. In addition, since October 1996, Banco de México has permitted foreign financial institutions to open peso-denominated accounts and to borrow and lend pesos (subject to general restrictions on conducting banking activities in Mexico).

The peso/dollar exchange rate closed at Ps. 13.8325 = U.S. $1.00 on December 31, 2008, a 21.1% depreciation in dollar terms as compared with the rate on December 31, 2007. The peso/dollar exchange rate experienced volatility in 2008, with the value of the peso appreciating during the first half of the year and depreciating significantly during the second half of the year, largely due to decreases in the prices of exports and less appetite from investors for emerging markets risk.

The peso/dollar exchange rate closed at Ps. 13.0659 = U.S. $1.00 on December 31, 2009, a 5.9% appreciation in dollar terms as compared with the rate on December 31, 2008. From the end of 2008 and during the first three months of 2009, the peso depreciated considerably against the dollar, mainly as a result of the global economic crisis and investors’ aversion to emerging market risk. Subsequently, in the second, third and fourth quarters of 2009, the peso appreciated against the dollar, primarily as a result of the improved external economic conditions and the exchange rate policies implemented by Banco de México.

The peso/dollar exchange rate closed at Ps. 12.3496 = U.S. $1.00 on December 31, 2010, a 5.8% appreciation in dollar terms as compared with the rate on December 31, 2009. During 2010, the peso appreciated considerably against the dollar, mainly as a result of the improving economic growth forecasts for the United States, a better outlook for internal expenditure in Mexico and the liquidity in the international financial market given the monetary policy strategies of the advanced economies.

During the first nine months of 2011, the average peso/U.S. dollar exchange rate was Ps. 12.0358 = U.S. $1.00. The peso/U.S. dollar exchange rate announced by Banco de México on October 25, 2011 (to take effect on the second business day thereafter) was Ps. 13.4459 = U.S. $1.00.

 

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The following table sets forth, for the periods indicated, the daily peso/dollar exchange rates announced by Banco de México for the payment of obligations denominated in dollars and payable in pesos within Mexico.

Exchange Rates

 

     Representative Market Rate  

Year

   End-of-Period      Average  

2006

     10.8116         10.9007   

2007

     10.9157         10.9288   

2008

     13.8325         11.1520   

2009

     13.0659         13.5076   

2010

     12.3496         12.6303   

2011

     

January

     12.1519         12.1258   

February

     12.1062         12.0703   

March

     11.9084         11.9992   

April

     11.5278         11.7184   

May

     11.5780         11.6533   

June

     11.7230         11.8060   

July

     11.7425         11.6726   

August

     12.3480         12.2319   

September

     13.7994         13.0445   

 

Source: Banco de México.

 

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PUBLIC FINANCE

General

Budget Process

The Government’s fiscal year is the calendar year. The budget process involves the participation and coordination of all the Governmental ministries and agencies on both an overall and a sectoral basis. The Ministry of Finance and Public Credit prepares the revenue bill each fiscal year, which sets forth the revenues projected to be received by the Government and certain agencies and enterprises whose budgets require specific legislative approval (budget controlled agencies) during the succeeding fiscal year. In addition, the various Governmental ministries prepare expenditure estimates for their own operations and for all of the budget-controlled agencies under their jurisdiction, utilizing the policy orientation and program guidelines established by the Ministry of Finance and Public Credit. Subsequently, the Ministry of Finance and Public Credit reviews these expenditure requests and prepares the expenditure bill for the Government and the budget-controlled agencies.

Upon passage by both houses of Congress, the revenue bill becomes the Federal Annual Revenue Law, which provides the Governmental ministries and budget-controlled agencies the requisite authority for collecting taxes and other revenues, as well as for contracting loans. Unlike the revenue bill, the Constitution only requires the approval of the Chamber of Deputies for the passage of the expenditure bill. Upon passage by the Chamber of Deputies, the expenditure bill becomes the Federal Expenditure Budget, which authorizes the Governmental ministries and budget-controlled agencies to incur expenses during the relevant fiscal year. In addition, the Chamber of Deputies is obligated to review on a yearly basis the Public Account, which sets forth the expenditures actually made by the Governmental ministries and the budget-controlled agencies during the previous fiscal year.

Under the Constitution, expenditures may only be made by Governmental ministries or budget controlled agencies if the expenditures are included in the Federal Expenditure Budget or approved under a law subsequently passed by Congress. The Federal Annual Revenue Law for 2011, as approved by Congress, and the Federal Expenditure Budget for 2011, as passed by the Chamber of Deputies, were published in the Official Gazette of the Federation on October 20, 2010 and November 15, 2010, respectively (together, the 2011 Budget). The 2011 Budget allows Governmental ministries and budget-controlled agencies to request additional expenditures to the extent that oil revenues earned by PEMEX exceed the projected oil revenues set forth in the 2011 Budget. Further, the 2011 Budget provides that the Executive Branch, acting through the Ministry of Finance and Public Credit, is authorized to approve, if certain conditions are met, additional expenditures by certain Governmental ministries or government agencies in the event that those Governmental ministries or agencies realize revenues greater than those projected in the 2011 Budget.

Treatment of Public Sector Agencies and Enterprises

The federal budget includes the revenues and expenditures of the Government and of budget controlled agencies, including, for example, Petróleos Mexicanos. The information included herein regarding the overall public sector budget, revenues and expenditures is prepared on a consolidated basis and includes not only the revenues and expenditures of the Government and budget-controlled agencies, but also that of other public sector agencies and enterprises whose budgets are not subject to legislative approval (administratively controlled agencies), such as NAFIN and Bancomext. The budgets of administratively controlled agencies are subject to Governmental review and, as with the budget controlled agencies, the Ministry of Finance and Public Credit must approve their borrowings. In some instances, borrowings of budget and administratively controlled agencies are guaranteed by Mexico, either by law or pursuant to contractual arrangements.

Measures of Fiscal Balance

Mexico reports its fiscal balance using three principal measures:

 

   

Public sector balance, which is equal to consolidated public sector revenues minus expenditures, including public sector interest expense but excluding proceeds from privatizations and the effects of financial intermediation. A deficit in the public sector balance is also referred to as the public sector borrowing requirement.

 

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Primary balance, which is equal to the public sector balance less the net borrowing costs of the Government, that is, the balance of revenues and expenditures of the non-financial public sector, excluding interest payments on public debt. The primary balance is also reported without giving effect to proceeds of privatizations. This balance is used to measure the effect of discretionary actions taken to control expenditures and increase revenues.

 

   

Operational balance, which is equal to the primary balance but excludes only the inflationary component of interest payments on domestic debt of the non-financial public sector. This balance is used to correct the distortions that affect the measurement of public finances in an inflationary environment.

The following table sets forth the performance of public finance indicators as a percentage of GDP for the years indicated. Figures presented in the following table and throughout this section have been calculated with GDP figures using 2003 as the base year.

LOGO

 

(1) Preliminary.
(2) 2011 Budget figures represent budgetary estimates based on the economic assumptions contained in the Criterios Generales de Política Económica (General Economic Policy Guidelines) for 2011 and in the Programa Económico 2011 (Economic Program for 2011), and do not reflect actual results for the year or updated estimates of Mexico’s 2011 economic results.

Source: Ministry of Finance and Public Credit.

 

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Fiscal Policy

A rational allocation of public expenditures and the augmentation of revenue have been important components of the Government’s economic stabilization strategy, which has two fundamental objectives: (1) to reduce the poverty rate and (2) to increase the rate of economic growth and employment.

The Government’s principal fiscal policy objectives in order to promote economic growth and employment opportunity are to:

 

   

reduce the costs and risks associated with investment in Mexico;

 

   

improve the ability of Mexican businesses to compete in global markets; and

 

   

reduce the costs of goods and services to the consumer.

To achieve these objectives, the Government plans to:

 

   

strengthen the rule of law and improve public security;

 

   

simplify the administration of the Mexican tax system and facilitate the consistent application of the various tax laws;

 

   

improve the efficiency of the public sector through enhanced coordination among government entities and increased transparency of public spending, in order to permit increased spending on social development and infrastructure;

 

   

further develop the Mexican equity and debt markets;

 

   

improve the pension system for public sector workers;

 

   

consolidate macroeconomic stability through fiscal discipline and the effective use of petroleum resources, as well as the utilization of transparent and efficient budgetary procedures;

 

   

improve the regulation (or pursue deregulation) of various sectors of the economy, as appropriate; and

 

   

continue trade liberalization policies.

The Programa Nacional de Financiamiento al Desarrollo 2008-2012 (National Program to Finance Development 2008-2012, or PRONAFIDE), announced on May 27, 2008, establishes Government fiscal policy goals consistent with those described above, including increased spending on social and economic development and greater investment in infrastructure, while maintaining a stable and responsible approach to public finances. To this end, the PRONAFIDE has outlined the following specific objectives:

 

   

to strengthen the framework of fiscal responsibility to ensure a responsible and efficient fiscal policy, including a balanced budget and a prudent management of debt, each of which are core components of Mexico’s development strategy, with the goals of reducing the historical balance of the public sector borrowing requirement and strengthening the mechanisms to carry out counter-cyclical policies;

 

   

to continue to simplify the Mexican taxation system, seeking additional mechanisms to facilitate compliance with tax obligations and reduce tax evasion, in order to improve tax collection;

 

   

to ensure the proper implementation of public finance reforms, in particular the Flat Rate Business Tax, in order to increase non-oil tax revenues and reduce the volatility of total government revenues;

 

   

to improve the allocation and use of expenditures by evaluating their results, based on greater transparency and accountability, including the implementation of an evaluation system for expenditure programs, integrating the Government’s accounting systems at all three levels of government and giving priority in the allocation of expenditures to sectors and programs that produce better results; and

 

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to promote the development of local financial markets and achieve savings in the financial costs of the public sector through the active management of public debt, while maintaining a level of risk consistent with the natural evolution of public finances and the development of local financial markets.

2011 Budget

The 2011 Budget as originally proposed to Congress contemplated a public sector deficit of 0.3% of GDP without considering PEMEX’s investment program and an estimated weighted average Mexican crude oil export price of U.S. $63.0 per barrel. Subsequently, Congress revised this estimate to U.S. $65.4 per barrel; this revision, together with the 2011 Budget’s estimated volume of oil exports of 1,149 thousand barrels per day, resulted in approximately Ps. 11.9 billion in additional projected revenue as compared to the original 2011 Budget proposal. The 2011 Budget, as adopted by Congress, provides for a public sector budget deficit, excluding physical investment by PEMEX, of Ps. 42.2 billion, or 0.3% of GDP. Including physical investment by PEMEX, the 2011 Budget provides for a public sector budget deficit of 2.5% of GDP.

Under the 2011 Budget as adopted by Congress, the Government estimates that it will expend Ps. 512.1 billion (19.5% of total budgetary programmable expenditures) on education and Ps. 707.7 billion (27.0% of total budgetary programmable expenditures) on health and social security. The Government also expects to expend Ps. 166.6 billion (6.4% of total budgetary programmable expenditures) on housing and community development.

The 2011 Budget also allows the Government to increase expenditures for social development by 2.6%, national security by 8.2% and tourism by 17.2%, each as compared to 2010. The 2011 Budget establishes a comprehensive strategy to address the natural disasters that occurred in 2010 and those that may occur in the future and will use budgetary resources, financing and insurance to make approximately Ps. 50.0 billion of funds available for reconstruction purposes.

In addition, the 2011 Budget contemplates that Ps. 256.5 billion will be allocated for the servicing of Government debt, including the servicing of IPAB debt, and Ps. 52.6 billion for the servicing of CFE and PEMEX debt.

 

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The assumptions and targets underlying the 2011 Budget, as embodied in the General Economic Policy Guidelines for 2011 presented by the President to the Congress for approval and in the Economic Program for 2011 approved by the Congress, the preliminary results for 2009, 2010 and the first six months of 2011 are set forth in the table below.

2009, 2010 and First Six Months of 2011 Results;

2011 Budget Assumptions and Targets

 

     2009
Results
    2010
Results(1)
    First Six
Months of
2011
Results(1)
    2011
Budget(2)
 

Real GDP growth (%)

     (6.1 )%      5.4     3.9     3.8

Increase in the national consumer price index (%)

     3.6     4.4     0.3     3.0

Average export price of Mexican oil mix (U.S. $/barrel)

   $ 57.4   $ 72.3   $ 99.2   $ 65.4 0(3) 

Current account deficit as % of GDP

     (0.7 )%      (0.6 )%      (0.3 )%      n.a.   

Average exchange rate (Ps./$1.00)

     13.5        12.6        11.9        12.9   

Average rate on 28-day Cetes (%)

     5.4     4.4     4.2     5.0

Public sector balance as % of GDP(4)

     (2.3 )%      (2.8 %)      (1.8 )%      (2.5 )% 

Primary balance as % of GDP(4)

     (0.1 )%      (0.9 %)      0.3     (0.3 )% 

 

n.a. = Not available.

(1) Preliminary.
(2) 2011 Budget figures represent budgetary estimates, based on the economic assumptions contained in the General Economic Policy Guidelines for 2011 and in the Economic Program for 2011, and do not reflect actual results for the year or updated estimates of Mexico’s 2011 economic results.
(3) The Mexican Government entered into agreements to hedge oil prices in order to isolate the 2011 Budget from the effect of reductions in the price of oil with respect to the level that was assumed in the Federal Revenue Law for 2011. Therefore, the approved expenditures level should not be affected if a lower Mexican oil mix price than the one assumed in the 2011 Budget is observed.
(4) Includes the effect of expenditures related to the issuance of bonds pursuant to reforms to the ISSSTE Law and recognition as public sector debt of certain PIDIREGAS obligations, as discussed under “—Revenues and Expenditures—General” below.

Source: Ministry of Finance and Public Credit.

 

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Revenues and Expenditures

General

The following table sets forth revenues and expenditures, as well as total borrowing requirements for the consolidated public sector in constant pesos for the five fiscal years ended December 31, 2010 and for the first six months of 2011, as well as budgetary estimates for 2011.

Selected Public Finance Indicators

 

     2006     As a %
of GDP
    2007     As a %
of GDP
    2008     As a %
of GDP
    2009     As a %
of GDP
    2010(1)     As a %
of  GDP(1)
    First
Six
Months
of  2011(1)
    As a %
of  GDP(1)
    2011
Budget(2)
    As a %
of  GDP(2)
 
     (in billions of constant pesos(3) or percentage of GDP)  

1. Budgetary revenues

     Ps. 1,861.3        21.8     Ps. 1,935.2        22.0     Ps. 2,094.1        23.5     Ps. 1,983.8        23.7     Ps. 1,997.3        22.7     Ps. 985.3        21.8     Ps. 1,955.9        21.6

Federal Government

     1,281.8        15.0        1,332.2        15.1        1,500.5        16.8        1,408.6        16.8        1,403.3        15.9        727.3        16.1        1,395.1        15.4   

Public enterprises and agencies

     579.5        6.8        603.0        6.8        593.6        6.7        575.1        6.9        594.0        6.7        258.0        5.7        560.8        6.2   

2. Budgetary expenditures

     1,854.4        21.7        1,932.7        21.9        2,102.7        23.6        2,175.1        26.0        2,249.3        25.5        1,070.0        23.6        2,184.1        24.1   

(a) Budgetary primary expenditures (excluding interest payments)

     1,648.8        19.3        1,746.6        19.8        1,936.4        21.7        1,990.0        23.8        2,076.8        23.6        982.0        21.7        1,986.3        21.9   

Programmable

     1,362.4        16.0        1,475.2        16.7        1,617.8        18.2        1,715.7        20.5        1,766.9        20.0        808.6        17.9        1,661.5        18.3   

Non-programmable

     286.3        3.4        271.4        3.1        318.6        3.6        274.3        3.3        309.9        3.5        173.3        3.8        324.8        3.6   

(b) Interest payments (budgetary sector)

     205.6        2.4        186.0        2.1        166.2        1.9        185.1        2.2        172.5        2.0        88.0        1.9        197.9        2.2   

3. Budgetary primary balance (1-2(a))

     212.5        2.5        188.6        2.1        157.7        1.8        (6.3     (0.1     (79.4     (0.9     3.4        0.1        (30.4     (0.3

4. Non-budgetary primary balance

     1.5        0.0        3.7        0.0        0.8        0.0        0.8        0.0        2.7        0.0        8.6        0.2        0.3        —     

5. Total primary balance (3+4)

     214.0        2.5        192.3        2.2        158.5        1.8        (5.4     (0.1     (76.7     (0.9     11.9        0.3        (30.1     (0.3

6. Total interest payments (budgetary and non-budgetary)

     205.6        2.4        186.0        2.1        166.3        1.9        185.1        2.2        172.6        2.0        88.0        1.9        198.2        2.2   

7. Statistical discrepancy

     (0.2     0.0        (2.5     (0.0     2.0        0.0        (2.1     (0.0     (0.7     (0.0     (5.0     —          —          —     

8. Public sector balance (on a cash basis) (5-6+7)

     8.2        0.1        3.7        0.0        (5.8     (0.1     (192.6     (2.3     (250.0     (2.8     (81.1     (1.8     (228.2     (2.5

 

Note: Numbers may not total due to rounding.

(1) Preliminary.
(2) Budgetary estimates as of October 2010. Budgetary estimates were converted into constant pesos using the GDP deflator for 2011 estimated as of October 2010. Percentages of GDP were calculated based on budgetary assumptions listed in the immediately preceding table.
(3) Constant pesos with purchasing power at December 31, 2003.

Source: Ministry of Finance and Public Credit.

During 2008, the public sector balance registered a deficit of Ps. 301.6 billion in nominal pesos, which included the issuance of Ps. 292.0 billion in nominal pesos (approximately 2.4% of GDP) of bonos de reconocimiento (recognition bonds) as a result of the amendments to the ISSSTE Law in March 2007. Under the modified ISSSTE Law, Mexico’s federal employee pension system was transformed from a pay-as-you-go system into a fully funded one. The recognition bonds were issued in order to acknowledge the rights acquired by workers who choose the new pension regime. The issuance of these bonds represented a preexisting liability associated with pension benefits accrued by workers, which, as a result of the amendment to the ISSSTE Law, are now recognized as budgetary debt. Excluding this gross expenditure related to the ISSSTE Law, during 2008, the public sector balance registered a deficit of Ps. 7.9 billion in nominal pesos, or 0.1% of GDP, as compared with a surplus of Ps. 4.8 billion in nominal pesos recorded in 2007.

During 2008, the primary balance registered a deficit of Ps. 70.0 billion in nominal pesos, as compared to a surplus of Ps. 247.0 billion recorded in 2007. Excluding the expenditures associated with the ISSSTE Law described above, the primary balance registered a surplus of Ps. 216.5 billion in nominal pesos, or 1.8% of GDP during 2008, 17.8% less in real terms than the surplus recorded in 2007.

 

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During 2009, the public sector balance registered a deficit of Ps. 273.5 billion, or 2.3% of GDP, as compared to a deficit of Ps. 7.9 billion in nominal pesos in 2008 (which excludes the expenditures associated with the ISSSTE Law described above). The increase in the public sector deficit was primarily due to an increase in physical investment expenditures by PEMEX as a result of the depreciation of the Mexican peso against the U.S. dollar. Excluding physical investments by PEMEX, the public sector registered a deficit of Ps. 22.1 billion.

During 2009, the primary balance registered a deficit of Ps. 7.7 billion in nominal pesos, or 0.1% of GDP, as compared to a surplus of Ps. 216.5 billion in nominal pesos recorded in 2008 (which excludes the expenditures associated with the ISSSTE Law described above). This change from a primary balance surplus to a primary balance deficit was mainly due to the elimination of the PIDIREGAS program, which now requires budgetary entities to recognize their investment expenditures when incurred.

According to preliminary figures, during 2010, the public sector balance registered a deficit of Ps. 370.6 billion, or 2.8% of GDP, as compared to a deficit of Ps. 273.5 billion in nominal pesos in 2009 (which excludes the expenditures associated with the ISSSTE Law described above), a result consistent with the approved budget deficit and applicable guidelines for the fiscal year. Excluding physical investments by PEMEX, the public sector registered a deficit of Ps. 102.0 billion.

According to preliminary figures, during 2010, the primary balance registered a deficit of Ps. 113.7 billion in nominal pesos, or 0.9% of GDP, as compared to a deficit of Ps. 7.7 billion in nominal pesos recorded in 2009 (which excludes the expenditures associated with the ISSSTE Law described above).

According to preliminary figures, including physical investment expenditures by PEMEX, the public sector balance registered a deficit of Ps. 125.4 billion in nominal pesos, or 1.8% of GDP, during the first six months of 2011, as compared with a deficit of Ps. 101.7 billion in nominal pesos registered for the same period of 2010. Excluding physical investment by PEMEX, the public sector balance registered a deficit of Ps. 35.1 billion in nominal pesos, as compared to Ps. 13.8 billion surplus registered for the same period of 2010.

According to preliminary figures, including physical investment expenditures by PEMEX, the primary balance registered a surplus of Ps. 3.4 billion in nominal pesos for the first six months of 2011, 85.5% lower in real terms than for the first six months of 2010. Excluding physical investment by PEMEX, the primary balance registered a surplus of Ps. 18.5 billion in nominal pesos for the first six months of 2011, 43.4% lower in real terms than for the first six months of 2010.

 

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Revenues

The following table shows the composition of public sector budgetary revenues for each of the five fiscal years ended December 31, 2010 and for the first six months of 2011, as well as the projected revenues set forth in the 2011 Budget.

Public Sector Budgetary Revenues

 

     2006     2007     2008     2009(1)      2010(1)      First Six
Months of
2011(1)
    2011
Budget(2)
 
     (in billions of constant pesos)(3)  

Budgetary revenues

     Ps.1,861.3        Ps. 1,935.2        Ps. 2,094.1        Ps. 1,983.8         Ps. 1,997.3         Ps. 985.3        Ps. 1,955.9   

Federal government

     1,281.8        1,332.2        1,500.5        1,408.6         1,403.3         727.3        1,395.1   

Taxes

     731.9        780.6        728.0        795.4         850.4         429.9        937.4   

Income tax

     368.5        410.4        410.7        376.2         422.7         238.4        441.0   

Value-added tax

     312.9        318.4        334.7        287.2         340.4         164.8        355.7   

Excise taxes

     (4.3     (5.3     (123.2     35.6         3.0         (17.5     44.8   

Import duties

     26.1        25.1        26.2        21.3         16.6         8.0        14.6   

Export duties

     —          —          —          —           —           —          —     

Luxury goods and services

     —          —          —          —           —           —          —     

Other

     28.7        32.0        79.6        75.2         67.7         36.3        81.3   

Non-tax revenue

     549.9        551.6        772.5        613.3         552.9         297.4        457.7   

Fees and tolls

     491.8        446.9        684.0        364.6         454.4         274.1        410.8   

Rents, interest and proceeds of assets sales

     5.7        5.3        5.0        4.7         2.8         1.3        3.5   

Fines and surcharges

     52.4        99.5        83.4        243.9         95.7         21.9        43.4   

Other

     —          —          —          —           —           —          —     

Public enterprises and agencies

     579.5        603.0        593.6        575.1         594.0         258.0        560.8   

PEMEX

     261.2        291.8        265.4        269.0         260.0         104.6        247.4   

Others

     318.3        311.2        328.3        306.2         334.0         153.5        313.4   

 

Note: Numbers may not total due to rounding.

(1) Preliminary.
(2) Budgetary estimates as of October 2010. Budgetary estimates were converted into constant pesos using the GDP deflator for 2011, estimated as of October 2010.
(3) Constant pesos with purchasing power at December 31, 2003.

Source: Ministry of Finance and Public Credit.

According to preliminary figures, public sector budgetary revenues increased by 0.9% in real terms during 2010, as compared to 2009. In particular, crude oil revenues increased by 6.9% and non-oil tax revenues increased by 12.1%, while non-oil, non-tax revenues increased by 3.5%, each in real terms and as compared to 2009, excluding physical investment by PEMEX. Crude oil prices increased by 26.0% in 2010, from an average price of U.S. $57.40 per barrel in 2009 to an average price of U.S. $72.33 per barrel in 2010, while non-tax revenues from PEMEX as a percentage of total public sector budgetary revenues decreased from approximately 13.6% in 2009 to approximately 13.0% in 2010.

According to preliminary figures, during the first six months of 2011, public sector budgetary revenues amounted to Ps. 1,523.5 billion in nominal pesos, 4.6% greater in real terms as compared to the same period of 2010. During the first six months of 2011, excluding physical investment by PEMEX, crude oil revenues increased by 8.5% and non-oil tax revenues increased by 2.7%, both in real terms and as compared to the same period of 2010. Non-tax revenues from PEMEX as a percentage of total public sector budgetary revenues decreased from approximately 11.3% in the first six months of 2010 to approximately 10.6% in the same period of 2011.

Public sector budgetary revenues increased as a percentage of GDP over the past five years, from 21.8% of GDP in 2006 to 22.7% of GDP in 2010.

 

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Taxation

Mexico’s federal tax structure includes both direct taxation in the form of income taxes and indirect taxation in the form of the value-added tax and excise taxes, such as the IEPS tax. The value-added tax is imposed at a fixed rate and is passed through the manufacturing and distribution chain until it becomes part of the purchase price to the consumer. Certain goods and services, such as exports, qualify for an exemption from or a reduced rate of the value-added tax.

Income taxes consist of the corporate tax and the individual tax. The corporate tax is levied at a flat rate, which was increased temporarily to 30% in 2010, and will return to 28% in 2014. Until 2008, corporations and individuals engaged in business activities were also subject to an asset tax, which was a minimum income tax aimed at reducing tax evasion. This asset tax was assessed at a rate of 1.5% on the aggregate book value of the assets owned by a corporation in each fiscal year. Income taxes payable by corporations were creditable against the asset tax. Effective January 1, 2009, the asset tax was replaced by the single-rate corporate tax, described below.

Withholding taxes related to interest payments made by Mexican companies to non-residents of Mexico are generally imposed at a rate of 25-28% (or at a lower rate if specified in a tax treaty between Mexico and the country of the applicable non-resident), and at rates ranging from 4.9% to 30% for certain obligations.

Since 1990, Mexico has negotiated bilateral treaties with various countries to avoid double taxation. Tax treaties between Mexico and Canada, the United States, Germany, France, Sweden, Spain, the Netherlands, the United Kingdom, Switzerland, Italy, Norway, Belgium, South Korea, Japan, Denmark, India, Singapore, Indonesia, Finland, Ireland, Chile, China, Greece, Ecuador, Argentina, Uruguay, Panama, Australia, Austria, the Czech Republic, Poland, Luxembourg, Portugal, Romania, Israel, Brazil, Russia, New Zealand, Iceland, Barbados, South Africa, Venezuela, the Netherlands Antilles and the Slovak Republic are in effect. Tax treaties with Bahrain, Costa Rica, Hungary, Cook Islands, Guernsey Islands, Jersey Islands, Cayman Islands, Peru, Isle of Man, Kuwait and Colombia have been signed but are in each case pending ratification by at least one party thereto. Tax treaties with Lebanon, Liechtenstein, Monaco, Malaysia, Gibraltar, Morocco, Malta, Nicaragua, Panama, Ukraine, Pakistan, Thailand, Samoa, Qatar, Turkey, the Turks and Caicos Islands, Marshall Islands, British Virgin Islands, Lithuania, Latvia, Vanuatu, Slovenia, Hong Kong, Aruba and Belize are under negotiation. In addition, Mexico shares tax information with the Bahamas and Bermuda

The individual income tax is levied at progressive rates. The highest marginal tax rate for individuals (those having annual incomes over Ps. 392,842.0) was increased temporarily to 30% in 2010, and will return to 28% in 2014.

 

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The following graphs illustrate the changes in the composition of tax revenues between 2006 and 2010.

Composition of Tax Revenues

LOGO

LOGO

 

Note: Numbers may not total due to rounding.

(1) Preliminary.

Source: Ministry of Finance and Public Credit.

The Government does not have exclusive power to impose certain special taxes as a result of changes made in the tax laws during the 1990’s to strengthen the income of the states and their participation in the tax system. Since 1997, local governments have been permitted to impose taxes on lodging services and new vehicles (in addition to the federal taxes on these items). Moreover, local governments are able to require retail commercial establishments that sell alcoholic beverages to purchase local licenses. Finally, a percentage of excise tax collections is directly allocated to the states.

 

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The structure of budgetary revenues since 2005 differs from that of prior years as a result of changes to the Mexican federal tax regime applicable to PEMEX. These structural differences, however, did not affect the total amount of the public sector’s oil revenues (which include PEMEX’s revenues and the Government’s oil revenues) but only its makeup because PEMEX’s revenues after taxes increased (or decreased, as the case may be) by the same amount by which the Government’s oil revenues (which consist of taxes and duties collected from PEMEX) decreased or increased, respectively, as a result of the new tax regime. See “Principal Sectors of the Economy—Petroleum and Petrochemicals—Taxes and Duties” for more information regarding changes to PEMEX’s tax regime.

On September 14, 2007, the Mexican Congress passed a fiscal reform bill containing amendments to various tax laws. The Government has allocated the additional tax revenues resulting from the fiscal reform primarily to social expenditures and infrastructure investment. The reform has also lessened the Government’s reliance on PEMEX’s revenues to some extent and has enabled PEMEX to increase its investment expenditures.

Key elements of this tax reform included:

 

   

A new tax on cash deposits, which became effective on July 1, 2008, was imposed at the rate of 2% on cash deposits that exceed the cumulative monthly amount of Ps. 25,000. This tax, which was intended to subject payments made in the informal sector of the economy to the tax system, can be credited against income taxes, retained earnings tax and other federal contributions. Neither loan repayments nor remittances made through electronic transfers or checking orders are subject to this new tax. However, purchases of cashier’s checks paid for in cash are subject to this tax.

 

   

A new impuesto empresarial a tasa única (single rate corporate tax) became effective on January 1, 2008, and imposed a minimum tax equal to 16.5% of a corporation’s sales revenues (less certain deductions, including wages, social security contributions and certain investment expenditures) in 2008, 17.0% in 2009 and 17.5% in 2010 and thereafter. This new tax replaced the asset tax and is intended to discourage tax evasion.

 

   

A reduction in the ordinary hydrocarbons duty from 79.0% in 2007 to 74.0% in 2008, 73.5% in 2009, 73.0% in 2010, 72.5% in 2011 and 71.5% in 2012 and thereafter. This rate is applied to the value of crude oil and natural gas production less certain deductions (including specific investments, certain costs and expenses and other duties payable by PEMEX, subject to certain conditions).

 

   

A derecho único sobre hidrocarburos (sole hydrocarbons duty) was established to promote the reopening of oil fields that were abandoned or are in the process of abandonment but which still have productive potential.

 

   

A new federal sales tax on diesel and gasoline, which was phased in over an 18-month period, was enacted. The revenues from this sales tax are directed to Mexican states and municipalities to fund spending on roads and other infrastructure and to fund environmental programs.

 

   

A new excise tax on gambling and lottery payments was enacted.

 

   

Amendments to the federal fiscal code were made to strengthen auditing and control procedures and amendments to the federal law of budget and fiscal responsibility were made to promote reductions in expenditures of the Government and government-owned companies.

 

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On November 5, 2009, in addition to passing the Federal Annual Revenue Law for 2010, Congress approved the following changes to the tax laws, effective January 1, 2010.

 

    

Modification in rate

  

Principal Elements of Tax Reform

A. Excise Taxes

     
Beer    Increased from 25% to 26.5%   
Alcoholic Beverages    Increased from 50% to 53%    Only applies to alcoholic beverages with more than 20 degrees Gay-Lussac (20% Alcohol by volume).
Tobacco    Ps. 0.80 per gram of tobacco or cigarette.   

To be increased to Ps. 2.0 per pack of cigarettes in 2013.

The requirement to print a security code on cigarette packs was implemented to combat illegal smuggling.

Games and Lotteries    Increased from 20% to 30%   
Telecommunications    3% (new)    Applies to services provided in Mexico through a public telecommunications network. Public and rural telephone services, interconnection services and internet access telecommunication services are exempt.

B. Value Added Tax

     
General Tax    Increased from 15% to 16%    Remains at 0% for food and medicine.
     
Border Area    Increased from 10% to 11%   

C. Income Tax

     
Individuals    30% maximum    Temporary increase for the highest tax bracket; will return to 28% in 2014.
Corporations    30%    Temporary increase; will return to 28% in 2014.
Tax Consolidation Rules       Income tax deferred for more than five years (i.e., from 2004 and in subsequent years) by tax consolidation groups will be paid as of the sixth year in which it was originated—25% in the first year; 25% in the second fiscal year; 20% in the third fiscal year; 15% in the fourth fiscal year; and 15% in the fifth fiscal year.
Primary Sector    Increased from 19% to 21%   

D. Tax on cash deposits

     

Tax on Cash Deposits (IDE)

   Increased from 2% to 3%    The monthly limit on tax-free cash deposits was reduced from Ps. 25,000 to Ps. 15,000 per month.

Pursuant to the 2011 Budget as approved by Congress, public sector budgetary revenues, excluding resources from domestic and external financings, are estimated to total Ps. 3,055.3 billion in nominal pesos, which is Ps. 32.6 billion more than the public sector budgetary revenues proposed by the Executive Branch and 5.0% higher in real terms than the amount approved in the Federal Annual Revenue Law for 2010. Oil revenues were estimated at Ps. 1,005.2 billion in nominal pesos, an increase of 5.8% in real terms as compared to the amount approved for 2010. Non-oil tax revenues were estimated at Ps. 2,050.2 billion, Ps. 20.7 billion more than the amount of non-oil tax revenues as proposed by the Executive Branch. Non-oil tax revenues reached 10.4% of GDP, the highest registered ratio.

 

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The 2011 Budget authorizes the Government to incur net domestic debt in the amount of Ps. 375 billion in nominal pesos, which is 5.1% less in real terms than the borrowing authorized in the 2010 budget, but Ps. 35.0 billion greater than the amount requested in the Executive Branch’s proposal. In addition, the 2011 Budget permits the Government to incur net external debt totaling U.S. $5.0 billion, including financing from international financial institutions.

Key changes proposed by the Executive Branch and approved by the Congress in the 2011 Revenue Law included:

 

   

A list of marginal fields approved by the SHCP is included in the special tax regime of PEMEX, which applies to deep water projects and Chicontepec. These fields will have to meet a set of objective criteria, such as profitability before taxes and unprofitability under the ordinary tax regime. A new royalty of 0.03% of the value of crude oil and natural gas production was established to support the National Hydrocarbon’s Commission’s supervisory activities related to the exploration and exploitation of hydrocarbons. This royalty will be applied from 2012 onwards.

 

   

41 fees associated with obtaining various services provided by the Government were eliminated, most notably those related to certain public registries such as the National Registry of Foreign Investment and the Mercantile and Brokerage Registry, to the notification of concentrations in accordance with the Federal Competition Law, to visit and photograph protected natural areas and those associated with temporary imports of medical devices.

 

   

The excise tax on cigarettes was increased to Ps. 7 per pack as of 2011 and the transition period legislated last year was eliminated. Considering that this transition established a tax of Ps. 1.2 for 2011 and of Ps. 2.0 as of 2013, the reform approved by Congress signifies an increase of Ps. 5.8 and Ps. 5.0 pesos per pack with respect to these provisions for 2011 and 2013, respectively.

 

   

A 25% IEPS tax on sales and imports of energy drinks, as well as on concentrates, powders and syrups to prepare these beverages, was approved. The tax will not apply to hydrating and rehydrating beverages.

 

   

Congress approved a fiscal stimulus aimed at promoting first-time formal employment, in the form of a tax deduction related to the hiring of workers that have a formal job for the first time, as long as those positions are maintained for a minimum of 36 months and the first-time workers remain occupied for 18 consecutive months. The deduction will only be applicable to workers who earn up to eight times the minimum wage, and the maximum amount of the additional deduction is 40% of the payroll cost of these employees. The deduction will be reduced to 25% of the payroll cost during the first-time employee’s second year of employment.

 

   

A fiscal stimulus to promote theatrical production was approved. This consists of an income tax credit equivalent to the amount that is invested in theatrical production projects. The amount of the credit is limited to Ps. 50.0 million per fiscal year or Ps. 2.0 million per taxpayer.

 

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The provision establishing maximum amounts that could be accumulated in the stabilization funds was eliminated, in order to accommodate a higher amount of resources that may be used to manage any future economic shocks.

Expenditures

The following table shows the composition of public sector budgetary expenditures for each of the five fiscal years ended December 31, 2010 and the first six months of 2011, as well as the projected expenditures set forth in the 2011 budget.

Public Sector Budgetary Expenditures

 

     2006      2007      2008      2009      2010(1)      First Six
Months

of 2011(1)
     2011
Budget(2)
 
     (in billions of constant pesos(3))  

Budgetary expenditures

   Ps.  1,854.4       Ps.  1,932.7       Ps.  2,102.7       Ps.  2,175.1       Ps.  2,249.3       Ps.  1,070.0       Ps.  2,184.1   

Current expenditures

     1,592.5         1,617.4         1,713.3         1,747.9         1,804.0         898.0         1,787.8   

Salaries

     270.1         304.7         309.0         326.0         322.2         157.3         359.5   

Federal Government

     84.5         111.9         119.3         131.0         132.4         59.3         165.0   

Public agencies

     185.5         192.9         189.8         195.0         189.9         98.1         194.5   

Interest

     205.6         186.0         166.2         185.1         172.5         88.0         197.9   

Federal Government

     158.2         146.9         146.5         162.8         145.9         79.6         164.2   

Public agencies

     47.4         39.1         19.8         22.2         26.6         8.4         33.7   

Current transfers, net

     458.4         440.9         481.2         503.0         514.1         265.4         471.9   

Total

     603.8         609.1         656.6         691.0         707.1         366.2         631.0   

To public sector

     145.4         168.2         175.4         188.0         193.0         100.8         159.1   

States’ revenue sharing

     270.8         259.1         310.0         264.6         295.1         159.0         316.0   

Acquisitions

     130.8         129.7         161.2         134.2         146.2         61.8         129.6   

Federal Government

     7.3         9.9         12.6         12.6         12.6         5.8         18.5   

Public agencies

     123.5         119.8         148.6         121.6         133.5         56.0         111.2   

Other current expenditures

     256.8         297.0         285.6         335.1         353.9         166.3         312.9   

Federal Government

     63.6         92.2         71.8         95.5         102.0         53.7         120.0   

Public agencies

     193.2         204.8         213.8         239.5         251.9         112.6         192.9   

Capital expenditures

     261.9         315.3         389.4         427.2         445.3         172.0         413.7   

Federal Government

     188.8         249.8         281.8         217.8         235.7         101.5         203.1   

Public agencies

     73.1         65.5         107.6         209.4         209.7         70.6         210.5   

Payments due in previous years

     —           —           —           —           —           —           (17.3

 

Note: Numbers may not total due to rounding.

(1) Preliminary.
(2) Budgetary estimates as of November 2010. Budgetary estimates were converted into constant pesos using the GDP deflator for 2011 estimated as of October 2010.
(3) Constant pesos with purchasing power at December 31, 2003.

Source: Ministry of Finance and Public Credit.

According to preliminary figures, net public sector budgetary expenditures increased by 3.6% in real terms during 2010 as compared to 2009. Excluding physical investment by PEMEX, net public sector budgetary programmable expenditures increased by 3.2% in real terms during 2010 as compared to 2009. The financial cost of public sector debt decreased by 6.6% in real terms during 2010 as compared to 2009.

Public sector expenditure policy in 2010 focused on generating conditions to facilitate economic recovery, attend to the basic needs of the population, increase investment in infrastructure and strengthen social security to the extent permitted by available resources and in accordance with the expenditures approved by the Chamber of Deputies in 2009. During 2010, spending on social programs, such as education, public health and social security, accounted for 55.9% of total programmable expenditures.

 

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According to preliminary figures, in 2010 (in nominal pesos), expenditures for agriculture, forests, fishing, natural resources and environmental development totaled Ps. 99.2 billion and expenditures for residential and community development totaled Ps. 168.8 billion, as compared with expenditures of Ps. 93.2 billion and Ps. 156.1 billion, respectively, in 2009.

According to preliminary figures, during the first six months of 2011, net public sector budgetary expenditures increased by 5.3% in real terms as compared to the first six months of 2010. Excluding physical investment by PEMEX, net public sector budgetary programmable expenditures increased by 9.5% in real terms as compared to the first six months of 2010. During the same period, the financial cost of public sector debt decreased by 0.6% in real terms as compared to the same period of 2010.

Health and Labor, Education and Other Social Welfare Expenditures

The Government administers the majority of the country’s social service and welfare programs. The Government directly funds social service programs, primarily from current revenues, and also transfers funds to social service agencies with separate sources of income. According to preliminary figures, the principal social welfare expenditures of the Government in 2010 were for health and social security, on which Ps. 693.8 billion in nominal pesos (or 26.3% of programmable expenditures) was spent, and for education, on which Ps. 496.8 billion in nominal pesos (or 18.8% of programmable expenditures) was spent.

The principal social security institutions are the Instituto Mexicano del Seguro Social (Mexican Institute of Social Security), the Instituto de Seguridad y Servicios Sociales para los Trabajadores del Estado (Institute of Social Security and Services for State Employees) and the Lotería Nacional para la Asistencia Pública (National Lottery for Public Assistance). Programs provided by these entities include medical and hospital services, health and maternity insurance and preventive health services. In seeking to provide health services to a larger portion of the population, the Government is coordinating the activities of various public agencies and is organizing a national system of health services. The Government also provides pension payments, which represent a small portion of social security outlays. Despite this progress, Mexico does not have an unemployment benefits scheme or a fully-developed social welfare system. See “The Economy—Employment and Labor.”

The Government devotes a significant share of its resources to education and vocational training. The Government’s immediate goals include providing elementary and secondary education to all children and providing increased technical training tailored to the changing demands of the Mexican economy. Based on estimates from EFA Global Monitoring Report 2011 published by the United Nations Educational, Scientific and Cultural Organization (UNESCO), 93.0% of the Mexican population of 15 years of age or older is literate.

The structure of the Mexican educational system is based on educational federalism, with the premise that it is the responsibility of each state to provide for the education of its population. The education law also encourages the participation of teachers, parents and social workers in improving the educational system. The education law requires every Mexican to attend school for at least nine years (primary and secondary school) and establishes basic directives concerning educational programs.

In order to improve living conditions for the low-income population and provide loans for property and housing on reasonable terms, the Government established the Housing Fund Institute in 1972. The fund which is managed by the Housing Fund Institute is supported by contributions from all Mexican employers, which correspond to 5% of all salaries paid. In 2010, the Housing Fund Institute granted approximately 475,072 loans for housing purchases, construction and repair, as compared to approximately 447,478 loans provided in 2009. See “The Economy—Employment and Labor.”

 

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Government Agencies and Enterprises

The following table shows, for each principal Governmental agency and enterprise outside of the financial sector, its principal business, the percentage of Government ownership, its size (based on total assets at its latest fiscal year end), its net contribution or expense to the public sector primary balance and the amount of its outstanding borrowings that is guaranteed or otherwise the responsibility of the Government.

Principal Government Agencies and Enterprises

at December 31, 2010

 

Agency/Enterprise

  

Principal Business

   % of
Government
Ownership
    Total
Assets(2)
     Contribution or
Expense to
Primary
Balance(2)(3)
    Outstanding
Guaranteed
Debt(2)
 
                (in millions of dollars)  

PEMEX

  

Production, refining and distribution of crude oil and derivatives

     100.0   $ 112,883.2       $ (2,009.9   $ —     

Federal Electricity Commission

  

Production and sale of electricity

     100.0        62,394.2         (1,734.8     —     

Federal Roads and Bridges(4)

  

Administration of toll highways

     100.0        251.6         19.1 (1)      —     

Airports and Auxiliary Services(4)

  

Airport services

     100.0        987.6         19.5        —     

 

(1) Preliminary.
(2) Financial data calculated in accordance with Mexican financial reporting standards applicable to public sector entities, which differ in material respects from U.S. GAAP. Accordingly, data may not be comparable with financial data calculated in accordance with Mexican financial reporting standards presented elsewhere herein.
(3) Surplus after Government transfers, less interest payments.
(4) Primary surplus before transfers to the Tesorería de la Federación (Treasury of the Federation).

Source: Ministry of Finance and Public Credit.

For a discussion on the Government’s privatization program see “The Economy—The Role of the Government in the Economy; Privatization.”

 

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PUBLIC DEBT

General

Under Mexico’s Ley General de Deuda Pública (General Law of Public Debt), public borrowing programs contained in the Federal Annual Revenue Law must be submitted annually to Congress for approval. Once this approval is obtained, the Executive Branch, through the Ministry of Finance and Public Credit, creates a financing program within the parameters of the Congressional approval. The General Law of Public Debt also requires that the President (a) inform Congress annually of the status of the indebtedness of the Government and budget-controlled agencies when presenting the Public Account and proposing the Federal Annual Revenue Law and (b) report the status of such indebtedness to Congress on a quarterly basis. See “Public Finance—General—Budget Process.”

The General Law of Public Debt specifies that Government ministries may only incur debt through the Ministry of Finance and Public Credit. However, budget-controlled and administratively-controlled agencies may incur external indebtedness but only after obtaining the authorization of the Ministry of Finance and Public Credit.

Internal Public Debt

Internal debt of the Government includes only the internal portion of indebtedness incurred directly by the Government, Banco de México’s general account balance (which was positive at June 30, 2011, indicating monies owed to the Government) and the assets of the Fondo del Sistema de Ahorro Para el Retiro (Retirement Savings System Fund). Net internal debt includes Cetes and other securities sold to the public in primary auctions but not such debt allocated to Banco de México for its use in regulating liquidity (Regulación Monetaria). See footnote 1 to the table “Internal Debt of the Government” below. Internal debt does not include the debt of the IPAB or the debt of budget-controlled or administratively-controlled agencies. At December 31, 2010, all of the Government’s internal debt was denominated in UDIs or pesos and was payable in pesos.

Over the last decade, the Government has adhered to an internal debt strategy aimed at increasing the average maturity of its debt in order to reduce its refinancing risk. Accordingly, in recent years, the Government has issued new debt instruments bearing longer maturities than those previously issued by it. In the last quarter of 1999, the Government began offering 10-year securities denominated in UDIs and 30-year UDI-indexed bonds, as well as three-year, five-year, seven-year, ten-year, 20-year and 30-year fixed-rate peso-denominated bonds. However, since the first quarter of 2008, the Government no longer offers 20-year UDI-denominated bonds.

Through the issuances of these securities, the Government has established a long-dated benchmark yield curve. These issuances have also encouraged:

 

   

the increased use of long-term fixed-rate contracts;

 

   

the issuance of long-term peso-denominated securities by Mexican companies;

 

   

the development of long-term financial hedging products in Mexico; and

 

   

the potential to direct long-term savings toward the financing of long-term investment projects.

During the last quarter of 2008, in response to the global economic crisis, the Government increased the amount of 182-day Cetes and 364-day Cetes that it auctioned and decreased the amount of long-term bonds that it auctioned, in order to stabilize domestic financial markets.

The Mexican Federal Revenue Law for the Fiscal Year 2010 (the 2010 Revenue Law) provided for a budget deficit that corresponded to approximately 2.8% of GDP (including investments by PEMEX) and permitted the Government to conduct new debt issuances in order to finance this deficit. Specifically, the 2010 Revenue Law authorized the Government to incur net internal debt up to Ps. 380.0 billion and net external debt up to U.S. $8.0 billion, including external borrowings from international financial institutions, in order to finance this budget deficit.

 

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At December 31, 2010, the net internal debt of the Government totaled Ps. 2,808.9 billion (including liabilities associated with the ISSSTE Law of Ps. 193.0 billion), a 13.7% increase in nominal terms as compared to Ps. 2,471.3 billion outstanding at December 31, 2009. This increase in net internal debt was due to the Government having financed the budget deficit primarily through borrowings in the domestic market. The gross internal debt of the Government at December 31, 2010 totaled Ps. 2,888.3 billion, a 6.9% increase in nominal terms as compared to Ps. 2,702.8 billion outstanding at December 31, 2009. The Government’s financing costs on internal debt totaled Ps. 180.1 billion in 2010, or 1.4% of GDP, a 3.9% increase in nominal terms and a decrease of 0.1 percentage points of GDP as compared to Ps. 173.3 billion, or 1.5% of GDP, in 2009.

According to preliminary figures, at June 30, 2011, the net internal debt of the Government totaled Ps. 2,941.3 billion (including liabilities associated with the ISSSTE Law of Ps. 168.8 billion), a 4.7% increase in nominal terms as compared to Ps. 2,808.9 billion outstanding at December 31, 2010. The gross internal debt of the Government at June 30, 2011 totaled Ps. 3,074.6 billion, a 6.4% increase in nominal terms as compared to Ps. 2,888.3 billion outstanding at December 31, 2010. Of the total gross internal debt of the Government at June 30, 2011, Ps. 295.4 billion represented short-term debt and Ps. 2,779.2 billion represented long-term debt, as compared to Ps. 294.4 billion and Ps. 2,593.9 billion of short- and long-term debt, respectively, at December 31, 2010. For purposes of this “Public Debt” section, long-term debt is defined as all debt with maturities of one year or more from the date of issue, while short-term debt is defined as all debt with maturities of less than one year from the date of issue. The Government’s financing costs on internal debt totaled Ps. 94.7 billion for the first six months of 2011, or 1.4% of GDP, a 10.5% increase in nominal terms and the same percentage of GDP as compared to the same period of 2010.

At December 31, 2010, the net internal debt of the public sector totaled Ps. 2,920.3 billion, a 12.6% increase in nominal terms as compared to Ps. 2,594.1 billion outstanding at December 31, 2009. The gross internal debt of the public sector at December 31, 2010 totaled Ps. 3,080.9 billion, a 6.7% increase in nominal terms as compared to Ps. 2,887.9 billion outstanding at December 31, 2009. For purposes of this “Public Debt” section, public sector debt consists of the long-term indebtedness incurred directly by the Government, the long-term indebtedness incurred by budget-controlled agencies, the long-term indebtedness incurred directly or guaranteed by administratively controlled agencies (including but not limited to national development banks) and the short-term debt of the public sector. Public sector debt does not include private sector debt guaranteed by the Government, unless and until the Government is called upon to make payment under any of these guarantees.

According to preliminary figures, at June 30, 2011, the net internal debt of the public sector totaled Ps. 3,092.1 billion, a 5.9% increase in nominal terms as compared to Ps. 2,920.3 billion outstanding at December 31, 2010. The gross internal debt of the public sector at June 30, 2011 totaled Ps. 3,296.1 billion, a 7.0% increase in nominal terms as compared to Ps. 3,080.9 billion outstanding at December 31, 2010.

As a result of the Government’s debt policy, the average maturity of the Government’s internal debt increased from 5.59 years at December 31, 2007 to 6.34 years at December 31, 2009. In addition, during 2010, the average maturity of the Government’s internal debt increased by 0.86 years to 7.20 years at December 31, 2010. During the first six months of 2011, the average maturity of the Government’s internal debt increased by 0.21 years, to 7.41 years at June 30, 2011.

 

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The following table summarizes the amount (in billions of pesos) and structure (as percentage of total debt) of the internal debt of the Government at each of the dates indicated.

Internal Debt of the Government(1)

 

     December 31,     June 30,  
     2006     2007     2008     2009     2010(2)     2011(2)  
     (in billions of pesos, except percentages)  

Gross Debt

                        

Government Securities

   Ps.  1,569.9        93.8   Ps. 1,795.8        94.7   Ps.  2,021.2        84.2   Ps.  2,379.3        88.0   Ps.  2,553.9        88.4   Ps.  2,724.3        88.6

Cetes

     346.0        20.7        340.5        18.0        357.1        14.9        498.8        18.5        394.0        13.6        399.6        13.0   

Floating-Rate Bonds

     359.6        21.5        325.0        17.1        243.6        10.1        243.5        9.0        183.1        6.3        199.3        6.5   

Inflation-Linked Bonds

     155.3        9.3        235.3        12.4        334.9        13.9        430.6        15.9        530.1        18.4        571.5        18.6   

Fixed-Rate Bonds

     709.0        42.4        895.1        47.2        1,085.6        45.2        1,206.5        44.6        1,446.8        50.1        1,553.9        50.5   

Other(3)

     102.9        6.2        100.7        5.3        380.1        15.8        323.4        12.0        334.4        11.6        350.2        11.4   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Total Gross Debt

   Ps. 1,672.8        100.0   Ps.  1,896.6        100.0   Ps. 2,401.3        100.0   Ps. 2,702.8        100.0   Ps. 2,888.3        100.0   Ps. 3,074.6        100.0
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Net Debt

                        

Financial Assets(4)

     (125.7       (107.9       (68.6       (231.4       (79.4       (133.3  
  

 

 

     

 

 

     

 

 

     

 

 

     

 

 

     

 

 

   

Total Net Debt

   Ps. 1,547.1        Ps. 1,788.3        Ps. 2,332.7        Ps. 2,471.3        Ps. 2,808.9        Ps.  2,941.3     
  

 

 

     

 

 

     

 

 

     

 

 

     

 

 

     

 

 

   

Gross Debt/GDP

       15.6       16.1       19.8       21.4       20.9       22.0

Net Debt/GDP

       14.4       15.1       19.2       19.6       20.3       21.1

 

Note: Numbers may not total due to rounding.

(1) Internal debt figures do not include securities sold by Banco de México in open-market operations pursuant to Regulación Monetaria, which amounted to approximately Ps. 1.0 billion at December 31, 2010. Regulación Monetaria does not increase the Government’s overall level of internal debt because Banco de México must reimburse the Government for any allocated debt that Banco de México sells into the secondary market and that is presented to the Government for payment. If Banco de México undertakes extensive sales of allocated debt in the secondary market, however, Regulación Monetaria can result in the level of outstanding internal debt being higher than the Government’s figure for net internal debt.
(2) Preliminary.
(3) Includes Ps. 270.5 billion, Ps. 193.9 billion, Ps. 193.0 and Ps. 168.8 billion in liabilities associated with the ISSSTE Law (see “The Economy—Employment and Labor”) at December 31, 2008, December 31, 2009, December 31, 2010 and June 30, 2011, respectively.
(4) Includes the net balance denominated in pesos of the General Account of the Federal Treasury with Banco de México.

Source: Ministry of Finance and Public Credit.

 

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External Public Debt

The following tables set forth a summary of the external public debt of Mexico as well as a categorization of such debt by currency. External public debt as used in this section does not include, among other things, repurchase obligations of Banco de México with the IMF or the debt of the IPAB. See “Financial System—Banking Supervision and Support” and footnote 1 to the table “Summary of External Public Debt” below.

Summary of External Public Debt(1)

By Type

 

     Long-Term Direct
Debt of the Federal
Government
     Long-Term
Debt of
Budget-
Controlled
Agencies
     Other Long-
Term Public
Debt(2)
     Total Long-
Term Debt
     Total Short-
Term Debt
     Total Long-
and Short-
Term Debt
 
     (in millions of dollars)  

December 31,

                 

2006

   U.S. $  39,330       U.S. $ 7,046       U.S. $  7,545       U.S. $ 53,921       U.S. $ 845       U.S. $ 54,766   

2007

     40,114         7,745         6,576         54,435         920         55,355   

2008

     39,997         9,782         5,885         55,664         1,275         56,939   

2009

     47,350         41,048         6,202         94,600         1,754         96,354   

2010(3)

     56,168         45,536         6,385         108,089         2,339         110,428   

June 30, 2011(3)

     57,743         45,355         5,704         108,802         2,328         111,130   

By Currency(4)

 

     December 31,     June 30,  
     2006     2007     2008     2009     2010(3)     2011(3)  
     (in millions of dollars, except percentages)  

U.S. dollars

   U.S. $ 50,760         92.7   U.S. $ 44,309         80.0   U.S. $ 47,851         84.1   U.S. $ 77,919         80.9   U.S. $ 90,882         82.3   U.S. $ 91,090         82.0

Japanese yen

     1,006         1.8        1,157         2.1        1,095         1.9        4,541         4.7        6,864         6.2        6,576         5.9   

Pounds sterling

     91         0.2        1,040         1.9        687         1.2        1,981         2.1        1,920         1.7        1,963         1.8   

Swiss francs

     175         0.3        423         0.8        410         0.7        716         0.7        953         0.9        1,036         0.9   

Others

     2,734         5.0       8,426         15.2        6,896         12.1        11,197         11.6        9,809         8.9        10,365         9.4   
  

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

 

Total

   U.S. $ 54,766         100.0   U.S. $ 55,355         100.0   U.S. $ 56,939         100.0   U.S. $ 96,354         100.0   U.S.$ 110,428         100.0   U.S.$ 111,030         100.0
  

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

   

 

 

    

 

 

 

 

Note: Numbers may not total due to rounding.

(1) External debt denominated in foreign currencies other than dollars has been translated into dollars at exchange rates as of each of the dates indicated. External public debt does not include (a) repurchase obligations of Banco de México with the IMF (none of these were outstanding at June 30, 2011) or (b) loans from the Commodity Credit Corporation to public sector Mexican banks. External debt is presented herein on a “gross” basis, and includes external obligations of the public sector at their full outstanding face or principal amount. For certain informational and statistical purposes, Mexico sometimes reports its external public sector debt on a “net” basis, which is calculated as the gross debt net of certain financial assets held abroad. These financial assets include Mexican public sector external debt that is held by public sector entities but that has not been cancelled.
(2) Includes debt of development banks and other administratively controlled agencies whose finances are consolidated with those of the Government.
(3) Preliminary.
(4) Adjusted to reflect the effect of currency swaps.

Source: Ministry of Finance and Public Credit.

Since 1990, the majority of the public sector’s new external borrowings have consisted of debt securities placed in international capital markets. However, during Mexico’s 1995 financial crisis, official and multilateral creditors provided significant amounts of financing to Mexico.

 

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At December 31, 2010, commercial banks held approximately 19.9% of Mexico’s total public sector external debt; multilateral and bilateral creditors (excluding the IMF) held 22.2%; bondholders held 57.6%; and other creditors held the remaining 0.3%.

According to preliminary figures, at December 31, 2010, outstanding public sector gross external debt equaled
U.S. $110.4 billion, an increase of approximately U.S. $14.1 billion from U.S. $96.4 billion at December 31, 2009. This increase in public sector gross external debt was due to an increase in net external indebtedness of U.S. $14.0 billion and accounting adjustments of U.S. $0.1 billion given the variation of the dollar with respect to other currencies. Overall, total public debt (gross external debt plus net internal debt) at December 31, 2010 represented approximately 30.9% of GDP, approximately 0.5 percentage points higher than the level at the end of 2009.

The Government’s debt policy during the past several years, combined with the dynamic performance of exports, has significantly reduced external public sector debt financing costs as a percentage of total exports. Specifically, interest payments on external public sector debt have decreased from 3.3% of total exports in 2005 to 1.7% of total exports in 2010. According to preliminary figures, in 2010, public sector external debt financing costs totaled U.S. $5.0 billion, as compared to U.S. $5.2 billion in 2009, a 3.1% decrease in nominal terms. Debt service payments (principal and interest) on public sector external debt decreased from 5.3% of GDP in 2009 to 3.2% of GDP in 2010.

According to preliminary figures, outstanding public sector gross external debt increased by approximately U.S. $701.5 million during the first six months of 2011, from U.S. $110.4 billion at December 31, 2010, to U.S. $111.1 billion at June 30, 2011. Of this amount, U.S. $108.8 billion represented long-term debt and U.S. $2.3 billion represented short-term debt.

According to preliminary figures, total public debt (gross external debt plus net internal debt) at June 30, 2011 represented approximately 31.6% of nominal GDP, 0.6 percentage points higher than at December 31, 2010.

According to preliminary figures, at June 30, 2011, commercial banks held approximately 17.1% of Mexico’s total public sector external debt; multilateral and bilateral creditors (excluding the IMF) held approximately 22.5%; bondholders (including commercial banks holding bonds issued in debt exchange transactions) held approximately 60.1%; and other creditors held the remaining 0.4%.

Recent Securities Offerings

 

   

On February 1, 2011, Mexico issued, in the Mexican market, Ps. 25 billion of domestic fixed-rate bonds due 2021. These bonds gave investors a yield to maturity of 7.44% for a tenor of 10 years.

 

   

On February 17, 2011, Mexico issued U.S. $1 billion of its 5.125% Global Notes due 2020. The notes were issued under Mexico’s U.S. $80 billion Global Medium-Term Notes (MTN) program and gave investors a yield to maturity of 4.84% for a tenor of 9 years.

 

   

On March 1, 2011, Mexico issued, in the Mexican market, UDI 3.5 billion (Ps. 16 billion) of fixed-rate Udibonos. These Udibonos gave investors a yield to maturity in UDIs of 3.5% for a tenor of 10 years.

 

   

On April 12, 2011, Mexico issued U.S. $1 billion of its 6.05% Global Notes due 2040. The notes were issued under Mexico’s U.S. $80 billion MTN program and gave investors a yield to maturity of 5.95% for a tenor of 29 years.

 

   

On July 20, 2011, Mexico issued, in the Mexican market, Ps. 25 billion of domestic fixed-rate bonds due 2016. These bonds gave investors a yield to maturity of 6.0% for a tenor of five years.

 

   

On August 17, 2011, Mexico issued U.S. $1 billion of its 5.750% Global Notes due 2110. The notes were issued under Mexico’s U.S. $80 billion MTN program and gave investors a yield to maturity of 5.96% for a tenor of 99 years.

 

D-97


Amortization Schedule of Total Public Sector External Debt(1)

 

     Outstanding
as of
December 31,
2010
(1)
     2011      2012      2013      2014      2015      2016      2017      2018      2019      2020      2021      2022      2023      2024      Other
Years
     Total  
     (in millions of dollars)  

A. Private Creditors(2)

   $ 73,810       $ 4,503       $ 3,278       $ 5,202       $ 6,026       $ 5,976       $ 2,895       $ 6,545       $ 2,656       $ 8,217       $ 6,395       $ 2,009       $ 1,431       $ 510       $ 755       $ 17,413       $ 73,810   

Capital Markets (Bonds)

     63,591         1,742         1,828         3,752         3,702         3,911         2,830         6,487         2,614         8,213         6,395         2,009         1,431         510         755         17,413         63,591   

Commercial Banks

     10,219         2,762         1,450         1,450         2,324         2,065         65         58         42         4         0         0         0         0         0         0         10,219   

Direct

     1,625         1,216         30         30         279         20         20         20         10         0         0         0         0         0         0         0         1,625   

Syndicated

     8,594         1,545         1,420         1,420         2,045         2,045         45         38         32         4         0         0         0         0         0         0         8,594   

B. Multilateral Creditors

     21,134         1,276         802         821         958         766         731         757         1,246         685         641         2,041         492         767         464         8,689         21,134   

IADB

     8,779         465         436         403         425         430         380         373         373         365         357         357         357         357         357         3,345         8,779   

World Bank

     12,355         811         366         418         533         335         351         384         873         320         284         1,684         135         410         107         5,344         12,355   

C. External Trade

     15,151         3,944         2,313         2,134         1,798         1,247         1,010         847         643         530         303         94         98         33         33         125         15,151   

Eximbanks

     3,399         314         370         366         352         360         327         302         290         288         146         51         44         33         33         125         3,399   

Commercial Banks(3)

     9,851         3,178         1,494         1,320         1,091         861         658         520         327         217         131         17         37         0         0         0         9,851   

Suppliers

     1,902         452         449         449         355         26         26         26         26         26         26         26         17         0         0         0         1,902   

D. Restructured Debt

     0         0         0         0         0         0         0         0         0         0         0         0         0         0         0         0         0   

E. Other(4)

     333         333         0         0         0         0         0         0         0         0         0         0         0         0         0         0         333   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

Public Sector Total

   $ 110,428       $ 10,056       $ 6,393       $ 8,157       $ 8,781       $ 7,989       $ 4,635       $ 8,149       $ 4,545       $ 9,432       $ 7,339       $ 4,143       $ 2,021       $ 1,310       $ 1,251       $ 26,227       $ 110,428   
  

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

    

 

 

 

 

Note: Numbers may not total due to rounding.

(1) Preliminary. External debt of Mexico is presented herein on a “gross” basis, and includes external obligations of the public sector at their full outstanding face or principal amounts. For certain informational and statistical purposes, Mexico sometimes reports its external public sector debt on a “net” or “economic” basis, which is calculated as the gross debt net of certain financial assets held abroad. These financial assets include the value of principal and interest collateral on restructured debt and Mexican public sector external debt that is held by public sector entities but that has not been canceled. External public debt in this table does not include (a) repurchase obligations of Banco de México with the IMF (none of which were outstanding at December 31, 2010), (b) external borrowings by the public sector after December 31, 2010, or (c) loans from the Commodity Credit Corporation to private sector Mexican banks. Mexico only updates this table semi-annually (in June and December); for this reason data included in the public debt section may not be reflected in this table.
(2) Excludes foreign trade and restructured debt.
(3) Includes foreign trade lines, revolving credits and other short-term credits.
(4) Refers to changes in direct debt related to PIDIREGAS.

Source: Ministry of Finance and Public Credit.

 

D-98


External Debt Restructuring and Debt and Debt Service Reduction Transactions

In August 1982, Mexico requested and received from its major commercial bank creditors 90-day rollovers of principal payments on most of its external public sector debt and bilateral credits. No such requests were made of bondholders or multilateral financial institutions (primarily the World Bank, the IMF and the IADB) and no restructuring of bond debt or debt owed to multilateral institutions has taken place since then.

During the five years following 1982, Mexico and its commercial bank creditors concluded three separate debt restructurings and new money exercises. In 1983, 1985 and 1987, Mexico and the banks agreed to extend the maturities of certain portions of Mexico’s then-outstanding external public sector debt and, in some cases, to alter the interest rates and currencies applicable to the restructured debt. In connection with each restructuring (and with the 1989-92 Financing Package referred to below), Mexico requested and received 90-day rollovers of maturing principal payments pending finalization of documentation relating to each restructuring. During this period, Mexico also entered into agreements with the Paris Club to reschedule payments on loans made or guaranteed by official, bilateral creditors to the Mexican public sector and received support from its multilateral creditors in the form of structural adjustment and project loans from the World Bank and the IADB, as well as standby facilities, extended fund arrangements and contingency facilities with the IMF.

The 1989-1992 Financing Package for Mexico, which was implemented in March 1990, was intended to reduce the principal amount of, and the debt service burden associated with, Mexico’s commercial bank debt and to secure sufficient future financing to allow Mexico to resume sustained economic growth. The Financing Package offered commercial banks options for debt reduction, interest reduction and new money. Under the interest reduction option, existing indebtedness was exchanged for 30-year bonds (Par Bonds) that, in the case of bonds denominated in dollars, bore interest at the fixed-rate of 6.25% per annum. Under the principal reduction option, existing indebtedness was exchanged for 30-year bonds (Discount Bonds) having a principal amount equal to 65% of the principal amount of such existing indebtedness and an interest rate of LIBOR plus 13/16% per annum. The Par Bonds and the Discount Bonds were collectively known as Brady Bonds. Under the new money option, certain banks committed to provide Mexico with new money (through a combination of bonds, traditional bank credits and bank credits prepayable to fund trade credits or public sector loans) over three years in an aggregate amount equal to 25% of their holdings of then-existing indebtedness. Of the approximately U.S. $48 billion of external debt held by Mexico’s commercial bank creditors in 1989, approximately U.S. $43 billion participated in the principal and interest reduction options; approximately U.S. $21 billion of this debt was exchanged for Discount Bonds with the balance exchanged for Par Bonds. As a result of the 1989-1992 Financing Package, Mexico was able to reduce the principal amount of its external debt by approximately U.S. $7 billion. The balance of Mexico’s commercial bank creditors agreed to participate in the new money option and to lend Mexico approximately U.S. $1 billion in new credits over four years.

As a result of the Government’s external debt reduction initiatives discussed below, Mexico completed the redemption of all of its outstanding Brady Bonds on July 28, 2003.

The Discount Bonds and Par Bonds were issued with 17 series of Value Recovery Rights, which provided for certain additional, limited contingent payments based on the performance of Mexico’s oil export revenues. Eleven series of Value Recovery Rights were cancelled together with the Brady Bonds to which they were attached. Six series of Value Recovery Rights were separated from the related Discount Bonds and Par Bonds prior to their cancellation and traded independently. These series represented contingent payment obligations payable through June 30, 2008. On June 30, 2008, Mexico paid the final payment due on the Series F Value Recovery Rights, which expired on that date. Series F was the last series of Value Recovery Rights outstanding. No further payments will be due on the Value Recovery Rights.

In addition to Mexico’s strong commitment to work closely with its commercial bank and multilateral creditors to sustain economic growth, debt reduction has been and continues to be one of its goals. In mid-1986, Mexico began authorizing the conversion of debt into equity investment as a means of reducing its stock of external obligations. The total value of debt-equity swaps grew from U.S. $363.2 million in 1986 to U.S. $1.5 billion in 1987, when the debt-equity conversion program was suspended in order to evaluate the impact on the economy of the program as then structured.

 

D-99


In March 1990, Mexico introduced a new debt-equity swap program that was implemented through two auctions of transferable debt conversion rights held in July and October 1990. Proceeds of the conversions could only be used to acquire public sector assets being privatized and to finance infrastructure projects. Pursuant to the program, a total of U.S. $3.5 billion of conversion rights was awarded in the auctions at a discount of approximately 52% of the nominal value of the eligible debt to be converted. Only approximately one third of these rights (which expired in April 1992) were exercised, since Mexico’s debt generally traded well above 52% after the issuance of the rights. In addition, from 1989 through October 6, 2005 (the date on which the program ended), approximately U.S. $1.4 billion of debt was acquired by the Government in exchange for peso deposits in this principal amount to non-profit private or public organizations, to be used to finance approved education, environmental, housing, public works and other social projects undertaken by nonprofit organizations.

Under a debt-for-debt exchange that took place in the first quarter of 1988, Mexico retired a net amount of U.S. $1.1 billion of commercial bank debt at an average discount of 30.3% through the issuance of 20-year collateralized bonds offered to its bank creditors on an auction basis. Mexico redeemed all of those outstanding collateralized bonds at par in March 1997. In the third quarter of 1991, Mexico issued U.S. $1.2 billion of 10-year floating rate notes, called “Floating Rate Privatization Notes,” in exchange for the cancellation of U.S. $1.2 billion of deposits held by international commercial banks with foreign branches and agencies of Mexican banks. Virtually all of the Floating Rate Privatization Notes were tendered at par in payment for shares of Mexican commercial banks that were privatized in 1991 and 1992.

In 1992, the Government canceled U.S. $7.2 billion of its external debt acquired through the exercise of the conversion rights described above, through exchanges of debt to fund social projects and through various debt-for-debt exchanges and cash purchases during the 1990-1992 period.

In May 1996, the Government issued U.S. $1.8 billion in 30-year bonds in exchange for the cancellation of U.S. $2.1 billion of its outstanding U.S. dollar-denominated Discount Bonds and U.S. $306 million of its outstanding U.S. dollar-denominated Par Bonds pursuant to an exchange offer open to all of the holders of those bonds. The price at which the bonds were exchanged was determined through a modified Dutch auction.

The Government’s liability management transactions since 2003 include:

 

   

a January 2003 repurchase of U.S. $500 million of U.S. dollar-denominated Par Bonds;

 

   

a May 15, 2003 redemption of the entire amount of outstanding U.S. dollar-denominated Par Bonds, totaling
U.S. $4.3 billion;

 

   

a July 28, 2003 redemption of the entire amount of Mexico’s outstanding Brady Bonds, denominated in Italian lira and Deutsche Marks, totaling approximately U.S. $1.3 billion;

 

   

an April 21, 2004 exchange offer pursuant to which the Government issued approximately U.S. $793 million of its 5.875% Global Notes due 2014 and U.S. $2.1 billion of its 7.500% Global Notes due 2033 in exchange for approximately U.S. $670 million of its 8.125% Global Bonds due 2019, U.S. $464 million of its 8.00% Global Notes due 2022 and U.S. $1.2 billion of its 11.50% Global Bonds due May 15, 2026;

 

   

an October-November 2005 repurchase of approximately U.S. $1.6 billion aggregate principal amount of eight series of Mexico’s fixed-rate, U.S. dollar-denominated and two series of Mexico’s fixed-rate, Italian lira-denominated bonds with maturity dates from 2007 to 2033;

 

   

a November 23, 2005 issuance of debt exchange warrants, pursuant to which the Government issued 1,000,000 Series XW5 Warrants, 1,000,000 Series XW10 Warrants and 500,000 Series XW20

 

D-100


 

Warrants entitling their holders to exchange on November 9, 2006, October 10, 2006 and September 1, 2006, respectively, a determined principal amount of certain of Mexico’s U.S. dollar-denominated bonds and notes for a set principal amount of certain Mexican peso-denominated MBonos;

 

   

a February-March 2006 tender offer, pursuant to a modified Dutch Auction, through which the Government repurchased the following debt securities:

 

Title of Purchased Securities

   ISIN    Aggregate Principal
Amount Repurchased
     Aggregate Principal Amount
Outstanding after Repurchases
 

9 7/8% Global Bonds due 2007

   US593048BB61    U.S.$ 278,350,000       U.S.$ 1,128,650,000   

9.125% Notes due 2007

   XS0073433707    ITL 38,750,000,000       ITL 391,250,000,000   

8.625% Global Bonds due 2008

   US593048BF75    U.S.$ 226,121,000       U.S.$ 1,163,879,000   

4.625% Global Notes due 2008

   US91086QAM06    U.S.$ 299,648,000       U.S.$ 1,200,352,000   

7.375% Notes of 2001/2008

   XS0126200988    132,750,000       617,250,000   

8% Bonds of 1997/2008

   DE0001937001    DEM 72,000,000       DEM 678,000,000   

10.375% Global Bonds due 2009

   US593048BG58    U.S.$ 360,460,000       U.S.$ 1,442,540,000   

8 1/4% Bonds of 1997/2009

   DE0001897551    DEM 127,131,000       DEM 1,372,869,000   

7.50% Notes due 2010

   XS0108907303    81,034,000       918,966,000   

7.50% Global Notes due 2012

   US91086QAH11    U.S.$ 237,980,000       U.S.$ 1,262,020,000   

6.375% Global Notes due 2013

   US91086QAK40    U.S.$ 258,066,000       U.S.$ 1,741,934,000   

10% Step-down Notes due 2013

   XS0085661949    ITL 67,751,000,000       ITL 671,249,000,000   

5.375% Global Notes due 2013

   XS0170239932    27,160,000       722,840,000   

6.625% Global Notes due 2015

   US91086QAL23    U.S.$ 439,592,000       U.S.$ 1,560,408,000   

11% Notes due 2017

   XS0075866128    ITL 12,250,000,000       ITL 487,750,000,000   

8.125% Global Notes due 2019

   US593048BN00    U.S.$ 36,872,000       U.S.$ 2,424,468,000   

8.00% Global Notes due 2022

   US91086QAJ76    U.S.$ 6,892,000       U.S.$ 150,713,000   

6.75% Notes due 2024

   XS0184889490    £ 23,474,000       £ 476,526,000   

8.30% Global Notes due 2031

   US91086QAG38    U.S.$ 86,770,000       U.S.$ 2,838,230,000   

 

   

a March 29, 2006 issuance of 600,000 Series XWE Debt Exchange Warrants entitling their holders to exchange a determined principal amount of certain euro-, Italian lira- and Deutsche Mark-denominated bonds and notes issued by Mexico for a set principal amount of Mexican peso-denominated MBonos due in either 2013 or 2023;

 

   

an August 2006 repurchase of approximately U.S. $3.0 billion of fifteen series of Mexico’s fixed-rate, U.S. dollar-denominated bonds with maturity dates from 2007 to 2033;

 

   

a January 2007 exchange and cash tender offer pursuant to which the holders of five series of Mexico’s U.S. dollar-denominated external bonds maturing in 2019, 2022, 2026, 2031 and 2033 were invited to submit offers, in a modified Dutch auction, to exchange their bonds for reopened 6.75% Global Notes due 2034 plus a cash payment, or to sell their bonds for cash. Following settlement, approximately U.S. $2.8 billion of outstanding bonds including Mexico’s 8.125% Global Bonds due 2019, 8.00% Global Notes due 2022, 11.50% Global Bonds due May 15, 2026, 8.30% Global Notes due 2031 and 7.50% Global Notes due 2033 were canceled. An aggregate principal amount of U.S. $2.3 billion in reopened 6.75% Global Notes due 2034 was issued to holders participating in the exchange, and Mexico also made cash payments from available funds totaling approximately U.S. $1.1 billion. Following the cancellation of the bonds tendered and accepted for exchange or purchase by Mexico, approximately U.S. $1.7 billion principal amount of 8.125% Global Bonds due 2019, U.S. $753 million principal amount of 8.00% Global Notes due 2022, U.S. $339 million principal amount of 11.50% Global Bonds due May 15, 2026, U.S. $1.9 billion principal amount of 8.30% Global Notes due 2031 and U.S. $1.3 billion principal amount of 7.500% Global Notes due 2033 remained outstanding;

 

   

a March 21, 2007 issuance of 500,000 Series XWE07 Warrants and 1,000,000 XWD07 Units, each Unit consisting of one Series XWDA07 Warrant and one Series XWDB07 Warrant, which traded separately after September 24, 2007. The Series XWE07, XWDA07 and XWDB07 Warrants entitled the holders to exchange, on September 19, October 11 and November 7, 2007, respectively, up to approximately U.S. $2.7 billion of various series of outstanding U.S. dollar-, euro-, Italian lira- and Deutsche Mark-denominated bonds issued by Mexico for peso-denominated bonds issued by Mexico maturing in either 2014 or 2024;

 

D-101


   

a February-March 2008 repurchase of U.S. $714 million of ten series of Mexico’s fixed-rate, U.S. dollar-denominated bonds with maturity dates from 2009 to 2034; and

 

   

an April 9, 2008 issuance of 1,000,000 Series XWA08 Warrants and 250,000 XWB08 Series Warrants. The Series XWA08 Warrants entitled the holders to exchange, on October 9, 2008, up to approximately U.S. $1 billion of various series of outstanding U.S. dollar-, euro-, Italian lira- and Deutsche Mark-denominated bonds issued by Mexico for peso-denominated bonds issued by Mexico maturing in either 2014 or 2036. The Series XWB08 Warrants entitled the holders to exchange, on October 9, 2008, up to approximately U.S. $0.25 billion of various series of outstanding U.S. dollar-, euro-, Italian lira- and Deutsche Mark-denominated bonds issued by Mexico for UDI-denominated bonds issued by Mexico maturing in either 2017 or 2035.

 

   

a December 15, 2010 issuance of the XW11 Series Units, consisting of 1,000,000 Series XWA11 Warrants and 1,000,000 XWB11 Series Warrants. The Series XWA11 Warrants entitled the holders to exchange, on April 8, 2011 or April 27, 2011, up to approximately U.S. $1 billion of various series of outstanding U.S. dollar-, euro-, Italian lira- and British pound-denominated bonds issued by Mexico for Mexican peso-denominated MBonos maturing in either 2020, 2029 or 2038. The Series XWB11 Warrants entitled the holders to exchange, on May 4, 2011 or May 19, 2011, up to approximately U.S. $1 billion of various series of outstanding U.S. dollar-, euro-, Italian lira- and British pounds-denominated bonds issued by Mexico for Mexican peso-denominated MBonos maturing in 2020, 2029 or 2038. Holders of approximately 12% of the Series XWA11 Warrants elected to exercise their warrants on either the first or second exercise date for such warrants. As a result of the exercise of the Series XWA11 Warrants, Mexico cancelled approximately U.S. $102.6 million or equivalent of outstanding debt denominated in foreign currencies and issued approximately Ps. 1.3 billion of MBonos. Holders of approximately 31.4% of the Series XWB11 Warrants elected to exercise their warrants on either the first or second exercise date for such warrants. As a result of the exercise of the Series XWB11 warrants, Mexico cancelled approximately U.S. $210.2 million and EUR 59.7 million of outstanding debt denominated in such currencies and issued approximately Ps. 3.5 billion of MBonos.

Debt Record

Following the 1946 rescheduling of debt incurred prior to the Revolution of 1910, Mexico has not defaulted in the payment of principal or interest on any of its external indebtedness. See “—External Debt Restructuring and Debt and Debt Service Reduction Transactions” above.

 

D-102


TABLES AND SUPPLEMENTARY INFORMATION

PUBLIC DEBT OF THE GOVERNMENT

A. DIRECT DEBT OF THE GOVERNMENT

Table I. Floating Internal Debt at June 30, 2011

(payable in pesos)

 

Title

   Interest
Rate
   Maturity
Date
   Outstanding
Principal
Amount
     Amortization or
Sinking Fund
Provision
               (in millions of
pesos)
      

Short-term Treasury Certificates (Cetes)

   Various    Various    Ps. 295,247.7       None
        

 

 

    

Total Floating Internal Debt

         Ps. 295,247.7      
        

 

 

    

Table II. Funded Internal Debt at June 30, 2011

(payable in pesos)

 

Title

   Interest
Rate
   Maturity
Date
     Outstanding
Principal
Amount
     Amortization or
Sinking Fund
Provision
                 (in millions of
pesos)
      

Fixed-Rate Bonds

   Fixed      Various       Ps. 1,553,871.7       None

Development Bonds (Bondes D)

   Various      Various         199,278.9       None

UDI-denominated Development Bonds (UDI bonds)

   Various      Various         571,531.1       None

Retirement Saving System Fund (Fondo de Ahorro/SAR)

   Various      Various         118,038.6       None

One-year Treasury Certificates (Cetes)(1)

   Various      Various         104,396.4       None

Others(2)

   Various      Various         232,203.4       None
        

 

 

    

Total Funded Internal Debt

         Ps. 2,779,320.1      
        

 

 

    

 

(1) One-year Cetes are the only long-term Treasury Certificates issued by the Government.
(2) Includes Ps. 168.8 billion of liabilities associated with the ISSSTE Law. See “The Economy—Employment and Labor.”

Table III. Net Internal Debt at June 30, 2011

(payable in pesos)

 

Title

   Interest
Rate
   Maturity
Date
   Outstanding
Principal
Amount
    Amortization or
Sinking Fund
Provision
               (in millions of
pesos)
     

Total Floating Internal Debt

         Ps. 295,247.7     

Total Funded Internal Debt

           2,779,320.1     

Assets(1)

   Various    Various      (133,308.0   None
        

 

 

   

Total Net Internal Debt

         Ps. 2,941,259.8     
        

 

 

   

 

(1) Includes Banco de Méxicos General Account Balance, which is positive (indicating monies owed to the Government).

 

D-103


Table IV. Funded External Debt at June 30, 2011

Bond Issues at June 30, 2011

 

Title

   Interest
Rate (%)
     Date of
Issue
     Maturity
Date
     Currency(1)   Original
Principal
Amount
     Principal
Amount
Outstanding
     Remarks
                              (in thousands)       

11.50% Global Bonds due 2026

     11.50         May 1996         May 2026       USD     1,750,000         338,580      

11.375% Global Bonds due 2016

     11.375         Sep. 1996         Sep. 2016       USD     1,000,000         702,066      

Notes due 2017

     11.0         May 1997         May 2017       LRA/€     500,000,000         170,914       (2)

Step-Down Notes due 2013

     10.0-7.375         Apr. 1998         Apr. 2013       LRA/€     750,000,000         303,917       (2)

11.375% Global Bonds due 2016

     11.375         Aug. 1999         Sep. 2016       USD     400,000         280,826      

Global Bonds due 2016

     11.375         Feb. 2000         Feb. 2016       USD     994,641         698,304      

Notes due 2019

     8.125         Mar. 2001         Dec. 2019       USD     3,300,000         1,352,366      

Notes due 2031

     8.300         Aug. 2001         Aug. 2031       USD     1,500,000         750,548      

Notes due 2031

     8.300         Dec. 2001         Aug. 2031       USD     1,000,000         500,365      

Notes due 2012

     7.500         Jan. 2002         Jan. 2012       USD     1,500,000         743,502      

Notes due 2022

     8.000         Sep. 2002         Sep. 2022       USD     1,750,000         714,348      

Notes due 2031

     8.300         Dec. 2002         Aug. 2031       USD     750,000         375,274      

Notes due 2013

     6.375         Jan. 2003         Jan. 2013       USD     2,000,000         1,168,414      

Notes due 2015

     6.625         Mar. 2003         Mar. 2015       USD     1,000,000         671,824      

Notes due 2033

     7.500         Apr. 2003         Apr. 2033       USD     1,000,000         361,554      

Notes due 2013

     5.375         June 2003         Jun. 2013           750,000         614,977       (2)

Notes due 2014

     5.875         Oct. 2003         Jan. 2014       USD     1,000,000         719,975      

Notes due 2024

     6.75         Jan. 2004         Feb. 2024       STG     500,000         476,526      

Notes due 2014

     5.875         Apr. 2004         Jan. 2014       USD     793,267         571,133      

Notes due 2033

     7.500         Apr. 2004         Apr. 2033       USD     2,056,822         743,653      

Notes due 2034

     6.75         Sep. 2004         Sep. 2034       USD     1,500,000         1,146,487      

Notes due 2020

     5.50         Nov. 2004         Feb. 2020           750,000         545,101       (2)

Notes due 2015

     6.625         Jan. 2005         Mar. 2015       USD     1,000,000         671,825      

Notes due 2012

     3.0         June 2005         June 2012       CHF     250,000         250,000       (2)

Notes due 2015

     4.5         June 2005         June 2015           750,000         578,714      

Internotes due 2013

     5.1         Feb. 2006         Feb. 2013       USD     3,030         3,030      

Notes due 2017

     5.625         Mar. 2006         Jan. 2017       USD     3,000,000         3,000,000      

Notes due 2034

     6.75         Jan. 2007         Sep. 2034       USD     2,266,566         1,732,394      

Notes due 2034

     6.75         Sep. 2007         Sep. 2034       USD     500,000         382,163      

Notes due 2017

     5.625         Sep. 2007         Jan. 2017       USD     500,000         500,000      

Notes due 2040

     6.06         Jan. 2008         Jan. 2040       USD     1,500,000         1,500,000      

Notes due 2019

     5.95         Dec. 2008         Mar. 2019       USD     2,000,000         2,000,000      

Notes due 2014

     5.875         Mar. 2009         Feb. 2014       USD     1,500,000         1,490,000      

Notes due 2019

     5.95         Sep. 2009         Mar. 2019       USD     1,000,000         928,103      

Notes due 2040

     6.055         Sep. 2009         Jan. 2040       USD     750,000         750,000      

Notes due 2019

     2.22         Dec. 2009         Dec. 2019       ¥     150,000,000         150,000,000      

Notes due 2020

     5.125         Jan. 2010         Jan. 2020       USD     1,000,000         1,000,000      

Notes due 2020

     5.125         Mar. 2010         Jan. 2020       USD     1,000,000         1,000,000      

Notes due 2040

     6.055         Apr. 2010         Jan. 2040       USD     1,000,000         1,000,000      

Notes due 2017

     4.25         Jul. 2010         Jul. 2017           850,000         850,000      

Notes due 2110

     5.75         Oct. 2010         Oct. 2110       USD     1,000,000         1,000,000      

Notes due 2020

     1.51         Oct. 2010         Oct. 2020       ¥     150,000,000         150,000,000      

Notes due 2020

     5.125         Feb. 2011         Jan. 2020       USD     1,000,000         1,000,000      

Notes due 2040

     6.055         Apr. 2011         Jan. 2040       USD     1,000,000         1,000,000      

 

D-104


Loans from Multilateral and Bilateral Organizations

at June 30, 2011

 

Title

  

Interest
Rate (%)

   Date of
Issue
   Maturity
Date
  

Currency(1)

   Principal  Amount
Outstanding(5)
    

Remarks

                         (in thousands of dollars)       

Loans from the World Bank and the IADB

   Fixed from 7.25 to 11.6 and some variable    Various    Various    C$, CHF, Dirham, KD, LD, NK, PE, Rand, Riyal, SDR, SK, STG, USD, VB, ¥, €    $ 17,993,706       (3)(4)

Loans from Banks and Suppliers

at June 30, 2011

 

Title

   Interest
Rate (%)
   Date of
Issue
   Maturity
Date
   Currency(1)    Original
Principal
Amount
     Principal
Amount
Outstanding
    

Remarks

                         (in thousands of dollars)       

Various

   Various    Various    Various    USD    $ 709,911       $ 507,396      

Total Funded External Debt

                  $ 57,742,543       (6)
                 

 

 

    

 

(1) The currencies are defined as: C$, Canadian dollar; CHF, Swiss franc; Dirham, United Arab Emirates dirham; KD, Kuwait dinar; LD, Libyan dinar; NK, Norwegian krone; Rand, South African rand; STG, Pound sterling; Riyal, Saudi Arabian riyal; SDR, Special Drawing Rights; SK, Swedish krona; USD, United States dollar; VB, Venezuelan bolivar; ¥, Japanese yen; and €, Euro.
(2) In connection with these issuances, Mexico entered into currency swaps of LRA 500 billion into U.S. $300,836,144; LRA 750 billion into U.S. $427,316,438; €750,000,000 into U.S. $892,500,000; €750,000,000 into U.S. $921,825,000 and CHF 250,000,000 into U.S. $200,787,085.
(3) Semi-annual, quarterly or monthly amortization calculated to retire loans or securities by maturity.
(4) The direct obligors in respect of U.S. $770,077,000 of these loans are Banobras (U.S. $267,529,000), Bancomext (U.S. $2,931,000), NAFIN (U.S. $454,205,000) and Sociedad Hipotecaria Federal (Federal Mortgage Society, which we refer to as SHF) (U.S. $45,412,000), acting in their capacities as financing agents for the Government. The Government is the direct borrower of the remainder of these loans (U.S. $17,223,630,000). The outstanding amount of the portion of these loans as to which the Government is not the direct obligor is not included in the total of this Table IV, but rather is included in Table VI.
(5) Includes revaluation due to changes in parity of foreign currencies.
(6) This total is expressed in U.S. dollars and differs from the total of the amounts provided due to certain items having been presented in other currencies.

 

D-105


B. EXTERNAL DEBT OF BUDGET CONTROLLED AGENCIES AND OTHER PUBLIC SECTOR EXTERNAL DEBT

Table V. External Debt of Budget Controlled Agencies at June 30, 2011

(payable in foreign currencies)

 

Borrower

   Dollar Equivalent of
Principal Amount
Outstanding
     Dollar Equivalent of
Amount Having an
Original Maturity of
Less than One Year
 
     (in millions of dollars)  

CFE

   $ 4,689.1       $ 174.4   

PEMEX

     40,840.6         0.0   
  

 

 

    

 

 

 

Total External Debt of Budget Controlled Agencies

   $ 45,529.7       $ 174.4   
  

 

 

    

 

 

 

Table VI. Other Public Sector External Debt at June 30, 2011 (1)

(payable in foreign currencies)

 

Borrower

   Dollar Equivalent of
Principal Amount
Outstanding
     Dollar Equivalent of
Amount Having an
Original Maturity
of Less  than One Year
 
     (in millions of dollars)  

Financial Sector

   $ 7,857.4       $ 2,153.5   

NAFIN

     1,465.0         711.5   

Banobras

     2,142.4         0.0   

Bancomext

     1,704.7         1,442.0   

SHF

     2,545.3         0.0   

Non-Financial Sector

     0.0         0.0   
  

 

 

    

 

 

 

Total

   $ 7,857.4       $ 2,153.5   
  

 

 

    

 

 

 

 

(1) This table includes debt of national development banks and certain commercial banks that is guaranteed by Mexico, as well as other public sector debt registered with the Dirección de Deuda Pública (Management Office of Public Debt), but does not include debt of entities whose finances are not included in the Government’s budget. In addition, private sector debt guaranteed by the Government or other public sector entities is not considered external public sector debt unless and until the guaranty is called.

 

D-106