Open Source Content Management

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.

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.

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”).

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.

Our team at Von Wobeser y Sierra, S.C. led by our Partner, Edmond Grieger and our Associate, Ariel Garfio, advised our client, Ammper Energía in the execution of a PPA with EDP Renewables. This PPA is in regards to the purchase of  power and associated products to be produced/generated by a 200MW solar PV project named “Los Cuervos” and is one of the biggest solar PV projects to be constructed and operated in Mexican history. 

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.