The National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) has determined that Petróleos Mexicanos (Pemex) must provide information on the shipments of fuel made to Cuba during the term of former President Andrés Manuel López Obrador and the first month of Claudia Sheinbaum's administration. This occurs despite the initial request including links to public statements by López Obrador confirming such shipments.
In his analysis of the case, the president commissioner of INAI, Adrián Alcalá Méndez, concluded that, according to regulatory provisions, countries or foreign organizations may receive fuel donations if they are convenient for Pemex's interests or within the framework of humanitarian aid derived from treaties or agreements signed by the federal government. However, INAI found that Pemex only consulted two of its administrative units and omitted to search in other competent areas, resulting in an incomplete and restrictive response.
"The search criterion employed by the consulted administrative units cannot be validated, as the provided information does not fit the regulations cited to justify the non-existence of the data," stated the INAI report. In light of this, the INAI plenary unanimously revoked Pemex's initial response and ordered the company to carry out a new exhaustive search across all competent administrative units, using a broad criterion.
Pemex must provide the requested information to the interested party according to the provisions established in the transparency law. According to Pemex's initial response, countries, entities, foreign companies, or institutions are not considered beneficiaries of donations of petroleum or fuel products. Therefore, this INAI resolution seeks to ensure transparency in fuel shipments to Cuba and to verify compliance with the relevant regulations regarding humanitarian aid and Pemex's interests in these exchanges.
The information request details that a breakdown of the amount of fuel sent, commercial value, dates of shipment and reception, names and positions of the responsible persons, budget line used, commercial conditions, and corresponding amounts must be included. The case was presented to INAI after Pemex responded to the requesting person that it did not have documentation supporting the mentioned shipments.
