Open Source Content Management

On May 25, 2020 the Ministry of the Environment and Natural Resources (“SEMARNAT”) published on the webpage of the National Regulatory Improvement Commission (“CONAMER”) for draft bills, the “RULING approving days and hours for carrying out procedures to obtain the certificates established in the federal registry of procedures and services of the national regulatory improvement commission “PROFEPA-03-005 certification of new vehicles”, review, evaluation and, as the case may be, certification of new vehicles in plant, “PROFEPA-02-001 obtaining an environmental certificate” types A and C; and PROFEPA-02-002 request for the renewal of an environmental certificate”, types A and B” (the “Ruling”).

On May 20, 2020 the Ministry of Finance and Public Credit (“SHCP”) published the “Resolution issuing the information and publicizing the electronic means to report on the integration and changes to the communications and control committee, appointment and dismissal of compliance officers and representatives or acting compliance officers; identity of persons exercising control, as well as the transfer of equity in the amount of more than two percent of the paidup capital stock, as applicable, pursuant to the general provisions indicated hereinbelow” (the “Resolution”) in the evening edition of the Official Federal Gazette.

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Please be informed that following up on the Ministry of Health’s rulings published on May 14 and 15, 2020 in the Official Federal Gazette, last Monday the same Ministry published the Technical Guidelines on Health Safety in the Work Environment (hereinafter, Guidelines), which as of May 18 are mandatory for the initiation of activities of the construction, mining and transport equipment manufacturing industries; as well as a reference for the rest of the industries.

On May 15, 2020, the Ministry of Energy (“SENER”) published in the afternoon edition of the Federal Official Gazette, the “Policy for Reliability, Security, Continuity and Quality in the National Electricity System” (“Reliability Policy”), which establishes the guidelines that the Members of the Electricity Industry , the Energy Regulatory Commission (“CRE”), the governments of the states and their municipalities, as well as any authority of the federal public administration and constitutionally autonomous bodies, must follow to guarantee the reliable supply of electricity throughout the country.

Today a ruling of the Ministry of Health was published in the Official Federal Gazette clarifying the terms for the resumption of the essential activities consisting of the manufacturing of transportation equipment, mining and construction. Apparently the door will be open for the companies to resume their operations before June 1, 2020 provided they present, implement and obtain the approval of certain health safety protocols that comply with the guidelines issued by various federal agencies. Those guidelines and the approval procedure have not yet been made available.

Today Annex 7 of the First Resolution of Modifications to the Omnibus Tax Bill for 2020 (“Annex 7”) was published in the Official Federal Gazette (“DOF”), which contains the normative criterion 46/IVA/N called “Withholding of 6% of the Value Added Tax referred to in section IV of article 1o-A of the Value Added Tax Law”.

Today a ruling of the Ministry of Health was published in the Official Federal Gazette that included the manufacturing of transportation equipment, mining and construction as essential activities, not subject to suspension. Therefore, those industries and activities can reinitiate their activities on June 1, provided they have implemented the health safety guidelines published by the competent authorities in their workplace.

On May 12, 2020, the First Resolution of Modifications to the Omnibus Tax Bill for 2020 (“First Resolution of Modifications”) was published in the Official Federal Gazette, which entered into force the day following its publication .

COVID-19 has already had a dramatic and profound impact upon the commercial operations and even the solvency of many businesses across many sectors of the Mexican economy. For contracting parties, it is likely to be vitally important that their business partners continue to honor their contractual obligations throughout the crisis, and that their credits are not lost in the event of their business partners’ insolvency. To best protect the rights of such businesses, it may be necessary to obtain urgent binding relief from a competent entity.

On April 29, 2020 the “Resolution to guarantee the Efficiency,  Quality,  Reliability,  Continuity and Security of the National Electric System, as a result of the recognition of the epidemic of illness from the SARS-CoV2 virus (COVID-19)” (“Resolution”) issued by the National Energy Control Center (“CENACE”) was published in the Market Information System.

On May 4, 2020, the sixth advance version of the First Resolution of Modifications to the Tax Omnibus Bill for 2020 (“First Resolution of Modifications”) was released on the webpage of the Tax Administration Service (“SAT”).

Today, the “Ruling modifying the ruling that declares the suspension of the time periods in proceedings carried out before the National Hydrocarbons Commission (“CNH”)” (the “Ruling”), was published in the Official Federal Gazette (“DOF”).

On April 30, 2020 the Federal Ministry of Environment and Natural Resources (“SEMARNAT”) published in the Official Federal Gazette the “Ruling indicating the days that will be considered as non-business days for administrative acts and procedures filed before the Federal Ministry of Environment and Natural Resources and its administrativedecentralized agencies, with exceptions for the indicated procedures and acts” (“Ruling”).

Recently, the Mexican Social Security Institute issued criteria for determining in what cases infection with Coronavirus SARS-CoV-2 (COVID-19) should be considered an occupational illness.

Due to the COVID-19 contingency, on May 1, 2020, it was published on the official website of the Mexican Copyright Institute (INDAutor) the official communication by means of which the suspension of activities and terms that ran from March 26 to April 30, 2020 has been extended. Therefore, according with this official communication, INDAutor will remain closed and the deadlines will remain suspended until May 29, 2020.

Prior to joining our firm in 2021, our partner Pablo Jiménez was the Global Vice President of Reputation and Communications at Anheuser-Busch InBev (AB InBev), the world's leading brewer. In this radio interview, establishes that the culture defines the company, and that a vision and global purpose must be developed.

Due to the COVID-19 contingency, on April 28, 2020 the official communication SS/12/2020, issued by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice (TFJA), was published on the official website of that Court, extending the initial suspension of activities and terms that ran from March 18 to May 05, 2020 until May 29, 2020.

Today, the following rulings related with administrative authorities of the energy sector, were published in the Federal Official Gazette:

(i) Federal Ministry of Energy (“SENER”). “Ruling that modifies the former establishing the suspension of deadlines and legal terms in the Federal Ministry of Energy, as a preventive measure against the spread of the coronavirus COVID-19 pandemic” (“ SENER Ruling”).

The outbreak of COVID-19 -or coronavirus, as it is commonly referred to- has brought drastic changes to the world economy, and the full scope of its effects cannot yet be calculated. In the midst of this unprecedented crisis, companies must make significant and difficult choices, including suspending their operations, closing some of their facilities, or staying open for business, should they carry out activities considered essential or of strategic importance in order to face the pandemic; terminating relationships with vendors; being unable to meet previously undertaken orders… a whole host of scenarios considered unimaginable up until a few months ago.