Publication of the Specific Technical Guidelines for the Reopening of Economic Activities
May, 2020

Following up on our communication of May 20, 2020, please be informed that yesterday the Ministries of Economy, Health, Labor and Social Welfare, together with the Mexican Social Security Institute published, in the Official Federal Gazette, a ruling establishing the Specific Technical Guidelines for the Reopening of Economic Activities (hereafter Guidelines), which are intended to establish the specific measures that must be implemented in the framework of the general strategy for the New Normality.

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Fourth extension of the suspension in the activities of the Mexican Antitrust Commission and its procedures
May, 2020

The Board of the Commission in its session held on May 25, which was published in the Official Gazette on May 29,1 decided that the initial (March 23 to April 17), the second (April 20 to April 30) and the third (May 6 to May 29) suspension of terms will be extended. In this regard and effective as of June 1, all times and terms will be suspended until June 12, 2020, excepting those related to merger control procedures and the issuance of opinions or decisions in the granting of licenses, concessions, permits and similar procedures.

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Extension of the suspension of the terms periods of the CNBV
May, 2020

Today, in the Official Gazette of the Federation, the President of the National Banking and Securities Commission (“CNBV”) published the Ruling extending the term of the suspension of the terms with respect to the hearings, proceedings and procedures that are in progress, are carried out or must be carried out before the National Banking and Securities Commission, as well as the effects of the other provisions contained in the Ruling establishing the temporary and extraordinary measures and suspending some deadlines for the attention of the financial institutions and persons subject to the supervision of the National Banking and Securities Commission, due to the coronavirus known as COVID-19 (“Ruling”).

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Business days and hours are established for obtaining and renewing the Environmental Certificate and Certification of New Vehicles or new vehicles in plant
May, 2020

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”).

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Update: Resolution regarding the information and the electronic means required to comply with antimoney laundering obligations
May, 2020

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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Virtual Arbitration Hearings: A View Across Institutional Rules
May, 2020

Table of Content:

Introduction

I. International Chamber of Commerce

II. London Court of International Arbitration

III. International Centre for Dispute Resolution

IV. International Centre for Settlement of Investment Disputes

V. Stockholm Chamber of Commerce

VI. Singapore International Arbitration Centre

VII. Hong Kong International Arbitration Centre

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Technical Guidelines on Health Safety in the Work Environment
May, 2020

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.

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Ministry of Energy imposes limits on the development of renewable energies and opens the possibility of filing defense mechanisms
May, 2020

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.

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The resumption of essential activities consisting of the manufacturing of trasportation equipment, mining and construction is clarified
May, 2020

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.

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Normative criterion on the withholding of 6% of the Value Added Tax in the case of certain services
May, 2020

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”.

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The manufacturing of transportation equipment, mining and construction are included as essential activities
May, 2020

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.

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Publication of the First Resolution of Modifications to the Omnibus Tax Bill for 2020
May, 2020

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 .

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Making use of Commercial Arbitration in COVID-19 Times
May, 2020

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.

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CENACE suspends preoperative tests and imposes limits to the transmission of solar and wind power plants, opening the door for the affected companies to initiate defense mechanisms
May, 2020

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.

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Suspension of time periods and legal terms of the Tax Administration Service
May, 2020

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”).

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Update: Second extension of the suspension of time periods for the National Hydrocarbons Commission
May, 2020

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”).

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Update: Suspension of legal terms for the SEMARNAT and enabling of business days and hours for the ASEA
May, 2020

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”).

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Criteria for qualifying COVID-19 as an occupational illness
May, 2020

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.

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Extension of the suspension in the activities and terms of the Mexican Copyright Institute
May, 2020

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.

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Extension of the suspension in the activities and terms of the Federal Court of Administrative Justice
April, 2020

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.

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