On 23 March 2022, the Investigating Authority of the Federal Economic Competition Commission published notice of the initiation of an investigation, for the alleged vertical restrictive practices in the market of production, distribution and commercialization of domestic insecticides in Mexico.
On 11 March 2022, the Ministry of Environment and Natural Resources published in the Official Federal Gazette Mexican Official Standard NOM-001-SEMARNAT-2021 (“NOM-001/21”) that establishes maximum allowable pollutant limits for wastewater discharges into national receptive bodies.
NOM-001/21 will become effective on 11 March 2023, even though certain parameters contained in the standard will become effective in April 2023 and at the fourth anniversary of its entry into force (such as true color and acute toxicity). Upon becoming effective, it will replace NOM-001-SEMARNAT-1996 (“NOM-001/96”).
NOM-001/21 will have to be complied with by whoever discharges wastewater into a national receptive body, but not in the case of discharges into municipal rainwater collection or sewage systems because these discharges will continue to be regulated by NOM-002-SEMARNAT-1996.
Baker McKenzie’s Sanctions Blog published the alert titled Mexico will not impose unilateral trade sanctions on Russia or Belarus on 8 March 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
Effective 1 January 2022, pursuant to the recently amended Federal Tax Code, legal entities, trusts and any legal vehicle or figure incorporated under the laws of Mexico and registered before the Tax Administration Service (SAT) must maintain as part of their tax accounting registries information regarding their beneficial owners. This information must be shared with the SAT upon request jointly with the corresponding procedure implemented in the legal entity to make the corresponding updates. Failure to comply with this information may result in fines of up to two million pesos per beneficial owner.
The Civil Aviation Law Regulations were amended in response to Mexico’s downgrade to Category 2 by the United States Federal Aviation Agency. These reforms propose measures to improve the safety of Mexican aviation and seek to correct the lack of compliance determined by the Federal Civil Aviation Agency with the safety standards imposed by the Convention on International Civil Aviation of the International Civil Aviation Organization. In addition, the reform incorporated provisions related to the operation of Remotely Piloted Aircraft Systems, better known as drones.
The US Trade Representative announced that it is seeking comments concerning the operation of the United States-Mexico-Canada Agreement with respect to automotive goods, including the implementation and enforcement of the USMCA rules of origin for automotive goods.
On 5 January 2022, the Investigating Authority of the Federal Economic Competition Commission published notice of an investigation, file IO-001-2021, for the alleged anti-competitive conduct of horizontal monopolistic practices in the market for integration, installation, maintenance and commercialization of equipment, accessories and spare parts for the use of industrial gases in Mexico.
On 31 December 2021, the Energy Regulatory Commission published in the Mexican Official Gazette, resolution number RES/550/2021, through which it issued the General Administrative Provisions containing the criteria for efficiency, quality, reliability, continuity, safety and sustainability of the National Electric System: Network Code. This New Network Code modifies the technical requirements whose compliance is mandatory for all users of the National Electric System, i.e., the National Energy Control Center, transporters, distributors, power plants, suppliers and, in particular, all load centers connected at medium and high tension, regardless of their consumption levels.
USMCA: The Labor and Employment Market and Rapid Response Labor Mechanisms (December 2, 2021)
In this Quick Chat video, Baker McKenzie’s Labor and Employment lawyers discuss several key aspects of the USMCA Free Trade Agreement, including the freedom of association, the recognition of the right to collective bargaining, including a discussion of workforce unions and employer compliance, the procedure for initiating a complaint under the Rapid Response Labor Mechanism and treaty trade sanctions.
On 16 November 2021 a new Coordination Agreement (CA) over Health Control, executed between the Federal Ministry of Health and the State of Baja California (“Baja”), was published on the Federation’s Official Gazette. This new CA has a particular impact over the medical devices industry operating in Baja, improving greatly the regulatory environment.