Open Source Content Management

On August 24, 2020 the Ministry of Environment and Natural Resources (“SEMARNAT”) published the “Ruling lifting the suspension of legal terms and time periods in the Ministry of Environment and Natural Resources and its Administrative Agencies” (“Ruling”) in the Federal Official Gazette.

The International Chamber of Commerce in Mexico (ICC) recognized that the current government is playing a good role in fighting corruption in the country, but called for further strengthening of the institutions with which this problem is confronted, especially the National Digital Platform (PDN) of the National Anti-Corruption System.

A partner at Von Wobeser y Sierra SC has been elected chair of the Americas Initiative at the Institute for Transnational Arbitration (ITA).

Montserrat Manzano assumed the role on 22 July. She replaces former chair Eduardo Gonçalves, partner at Brazilian firm Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados. Previous chairs have included Bofill Mir & Alvarez Jana Abogados founding partner Andrés Jana, Debevoise & Plimpton's Dietmar Prager and Colombian arbitrator Eduardo Zuleta.

Yesterday, the Energy Regulatory Commission (“CRE”) published in the Federal Official Gazette (“DOF”), the “Ruling resuming the legal terms and deadlines for the Energy Regulatory Commission, which were suspended as a measure to prevent and combat the spread of the COVID-19 virus in the various numbers A/010/2020, A/014/2020, A/015/2020 and A/018/2020”. (“Ruling”).

In the wake of Mexico’s attorney general opening a corruption investigation against former President Enrique Peña Nieto, local lawyers say Mexico’s anti-corruption system is robust enough to handle such a high-profile case, and suggest the country may now be ready for large international corruption investigations.

The coronavirus has heavily impacted mergers and acquisitions. The lack of liquidity and the uncertainty have produced a significant decline in the volume and number of transactions. This has resulted in the cancellation or suspension of transactions, above all in the second quarter, and in the invoking of clauses in order not to close deals. Luis Burgueño, partner of the Mexican firm Von Wobeser y Sierra, S.C., considers that in this context, investing in Mexico requires discipline in the selection and due diligence of the possible targets, in the valuation of the company, and in the negotiation of the terms and conditions of the contracts. In particular, tolerance of risk and a long-term vision are needed.

Today the Decree that adds a fifth paragraph to article 1 of the Public Sector Acquisitions, Leases and Services Act (“Acquisitions Act”) entered into force.

On August 3, 2020, “the Ruling by which the National Hydrocarbons Commission (“CNH”) establishes various measures to promote the development of oil activities” (the “Ruling”), which had been published by the National Commission for Regulatory Improvement to receive comments on July 17, 2020, was published in the Official Federal Gazette.

The Tax Administration Service (SAT) published on its webpage today a minisite related to the “Payment of Fees of Certified Companies”, through which it intends to charge, retroactively and into the future, the companies Certified under VAT and IEPS category with certain fees. In effect, SAT considers that these companies have been obligated to pay annual fees from the moment they obtained their certification and for its entire duration. The “defaulting” companies may pay the fees with the applicable adjustments for inflation and surcharges.

Please be informed that on August 3, the Ministry of Health published in the Official Federal Gazette, the Ruling establishing new activities or industries considered essential, in order to guarantee the correct initiation of the school year 2020-2021.