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Hacienda (Finance Ministry) requires each infrastructure-law progress certificate to be "irrevocable" and "unconditional" even if the contract is voided, and says it is not debt

Translated from the Spanish original.

ContradictionFuturosLong term

On October 7, 2026, the Secretaría de Hacienda (Finance Ministry) published in the DOF (Mexico's federal gazette) the Lineamientos en materia de proyectos de infraestructura estratégica para el desarrollo con bienestar (Guidelines on strategic infrastructure projects for development with well-being), which operationalize the 2026 law that allows contracts of 4 to 40 years with deferred payments. Their section 7.4.3 requires each Constancia de Avance de Servicios de Inversión (CASI, Investment Services Progress Certificate) to contain "the express declaration by the Contracting Party that the payment obligation (...) is valid, enforceable, irrevocable, unconditional and not subject to any set-off or deduction after its issuance, even in the event that the Contract is declared null for any reason". The same guidelines define the monetization of the certificates, "including securitization, assignment and/or purchase-and-sale transactions". At the same time, they establish that the certificates "do not constitute debt instruments of the Federal Government", and their recitals conclude that the deferred payments "do not constitute public debt" and that the Cámara de Diputados (Chamber of Deputies) retains the exclusive power to approve each year the allocations to cover them.

Strategic interpretation

Systemic: Two statements in the same document cannot stand together without tension: an irrevocable, unconditional payment obligation that survives the contract's nullity and can be sold to third parties, and the claim that this is not debt because the Cámara (Chamber of Deputies) approves each year the budget that pays it. The poles: the certainty creditors demand to finance long-term works, and the annual budget decision the Constitution reserves for the deputies. What is shielded is not the project—the contract can fall—but the collection right already issued. The builder and whoever buys its certificates win; the risk of the project failing stays with the State. Consequence: It falls to builders and developers in the federal portfolio, to banks and funds that buy or securitize certificates, to the Unidad de Crédito Público (public credit unit) of Hacienda, the Finance Ministry, and to the Cámara de Diputados, which in 2029 and 2030 will have to approve allocations for payments that in practice it can no longer refuse. And to whoever governs after 2030: if an audit or a court annuls a contract, the issued certificate is paid anyway. From there it follows that the debate over whether this is debt will take place not in the Congress that approved it, but at the rating agencies and in the next administration's accounts. Worldview: That an obligation stops being debt if it is called consideration for services and paid in annual budget items. What to watch: The total of certificates issued as of the end of 2027 and whether Hacienda reports them in any annex of liabilities; the first public securitization of certificates; whether any rating agency treats them as contingent debt; and, in 3 to 10 years, the first annulled contract whose certificates get paid anyway.

Sourcehttps://dof.gob.mx/nota_detalle.php?codigo=5800619&fecha=07/10/2026

Diario Oficial de la Federación (DOF, Mexico's federal gazette), October 7, 2026: Lineamientos en materia de Proyectos de Infraestructura Estratégica para el Desarrollo con Bienestar (Guidelines on Strategic Infrastructure Projects for Development with Well-being), Secretaría de Hacienda y Crédito Público (Ministry of Finance and Public Credit). Opened in the main thread on November 3, 2026; the recitals, the definition of monetization, the 4-to-40-year term and sections 7.4.1 to 7.4.3 were read and are quoted directly.

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Published on November 3, 2026