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In Environment

Argentina: Decree 484/2022 – Regulation of benefit to access foreign exchange market for hydrocarbons industry

by , and 3 Mins Read

Decree 277/2022 was regulated by means of Decree 484/2022, published in the Official Gazette on 16 August 2022. The Decree created the Foreign Exchange Market Access Regimes for Incremental Oil Production and Natural Gas Production and provides flexibility to access the foreign exchange market for a percentage of the amount of the incremental production volume or the incremental injection volume, as the case may be. The Regulation establishes the general conditions for accessing the benefit both for E&P companies and their direct suppliers and/or associated third parties.

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In Employment

Colombia: Expectations on employment and compensation matters

by and 3 Mins Read

On 7 August 2022, Gustavo Petro Urrego became the new President of the Republic of Colombia for the period 2022-2026, along with the Vice-President, Francia Márquez. Both are members of the political party Pacto Histórico, which is known for promoting center-left social, political and economic initiatives. The governance plan of the President evidences that employment, compensation and social security matters will be part of the focal points of his office.

In Corporate Compliance

Mexico: The subcontracting reform: inspection trends and how to prepare (Video Chat)

by , , and 1 Min Read

In this Quick Chat video, our Labor and Employment and Tax lawyers discuss some of the most frequently asked questions regarding the Subcontracting Reform’s 2022 Inspection Program, through which authorities from the Ministries of Labor, Social Security and Tax plan to ensure that companies providing and contracting services comply with the regulations of the Subcontracting regime.

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In Corporate Compliance

Mexico: New obligations for commercialization and distribution activities before the Energy Regulatory Commission

by and 2 Mins Read

On 26 July 2022, the Energy Regulatory Commission submitted before the National Regulatory Improvement Commission a preliminary document draft of the General Administrative Provisions that establishes (i) new obligations and compliance procedures for commercialization and distribution permit holders of oil-refined products or petrochemicals, as well as (ii) new requirements and procedures for applications to secure permits before CRE.

In Antitrust / Competition

Colombia: Competition authority recognizes antitrust compliance programs may be a mitigating factor in assessing sanctions for anti-competitive practices

by and 6 Mins Read

In one of its latest decisions, the Superintendence of Industry and Commerce recognized that the implementation of compliance programs in competition matters might be considered a mitigation factor in the graduation of an eventual sanction. Recently, the SIC has pronounced the importance of these programs, imposing them as behavioral remedies in merger control procedures, as well as in decisions regarding anti-competitive practices. Specifically, in Resolution 22645 of 2022, the SIC imposed remedies to the transaction between two companies, imposing as a behavioral obligation within the companies the implementation of an Antitrust compliance program.

In Antitrust / Competition

Mexico: COFECE probes the maritime transportation market in the State of Quintana Roo for possible absolute monopolistic practices

by , , and 3 Mins Read

On 13 July 2021, the Federal Economic Competition Commission published in the Federal Official Gazette the notice regarding the initiation of an investigation due to possible absolute monopolistic practices allegedly carried out in the market for maritime transportation services in the state of Quintana Roo.
Absolute monopolistic practices are anti-competitive agreements, contracts or arrangements between competing economic agents, whose object or effect is the manipulation of prices, restriction or limitation of supply or demand, division or segmentation of markets, agreement or coordination of bids in auctions, as well as the exchange of information between competitors to carry out any of the aforementioned conducts. These practices can also be referred to as horizontal or cartel practices.

In

Peru: Draft Supreme Decree proposing updates to certain technical parameters in processed foods is published for comment

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On 19 July, the Ministry of Health published for public comment a draft Supreme Decree that aims to modify the technical parameters for sugar, sodium and saturated fats content in processed foods that are contained in the “Regulation of the Law on the Promotion of Healthy Eating for children and adolescents” and in the “Advertising Warnings Manual”.

In Employment

Mexico: Official Mexican Standard issues new provision that requires employers to mitigate health and safety risks for teleworkers

by and 3 Mins Read

What’s changed?
On 15 July 2022, the Ministry of Labor and Social Welfare published the Draft from Official Mexican Standard called PROY-NOM-037-STPS-2022 regarding health and safety standards for telework, understood as the:
“way of subordinate labor organization consisting of the performance of paid activities at different places from original workplace for which the physical presence of teleworker is not necessary required in it, using information and communication technologies contact and control between the teleworker and the employer.”
The standard will be applied throughout the Mexican Republic to employers and work centers with employees who telework for more than 40% of their weekly working hours.

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