Mexico updates

Banking

Contributed by Hogan Lovells BSTL SC
SHCP releases first draft of Financial Technology Institutions Law
  • Mexico
  • December 08 2017

The Ministry of Finance and Public Credit recently circulated a substantially amended draft of the Financial Technology Bill, which has been renamed the Financial Technology Institutions (FTIs) Law. The law aims to regulate the financial services provided by FTIs – including those which are bound to specific regulations and offered or rendered through innovative means – as well as the organisation of such institutions and their operations.

National Banking and Securities Commission amends general rules for credit institutions to curb identity theft
  • Mexico
  • October 06 2017

In recent years, Mexico has been rated as having one of the highest rates of credit card fraud in the world. The National Banking and Securities Commission recently published the Resolutions that Modify the General Rules Applicable to Credit Institutions, which require credit institutions to verify information and documentation filed by users and customers with different government bodies in order to assure the identity of each prospective customer.

New fintech law: what you need to know
  • Mexico
  • September 01 2017

The recently published draft Financial Technology Law will regulate the organisation, operation, function and authorisation of companies that offer alternative means of access to finance and investment, the issuance and management of electronic payment funds and the exchange of virtual assets or cryptocurrencies. Among other things, the initative aims to take advantage of the opportunity to expand the financial market to include segments not covered by traditional banking institutions.


Competition & Antitrust

Contributed by SAI Consultores SC
FECC penalises individuals for commissioning absolute monopolistic practice in tortilla market
  • Mexico
  • December 14 2017

Corn tortillas are a fundamental source of nutrition for Mexican families, and artificial price increases have a significant effect on the consumer economy. Given the importance of the corn tortilla market, it has come under the scrutiny of several authorities – for example, the Federal Economic Competition Commission, which recently fined three individuals a total of Ps394,508 for the commission of an absolute monopolistic practice in the market for the production, distribution and marketing of corn tortillas.

FECC releases study on competition barriers relating to expired patent pharmaceutical products
  • Mexico
  • September 28 2017

The Federal Economic Competition Commission (FECC) recently released a study on competition in the expired patent drug market, in which it analysed the level of competition in various drug markets following the expiry of an original drug's patent. According to the FECC, several obstacles to competition exist, which ultimately discourage possible new competitors from developing generic versions of drugs and entering the market.

Specialised Competition Court annuls FECC's resolution revoking immunity under leniency programme
  • Mexico
  • June 29 2017

The Specialised Competition Court recently annulled the Federal Economic Competition Commission's decision to revoke immunity granted during an antitrust procedure. The court's decision is relevant, as it sets the criteria for determining to what extent an economic agent can challenge the application of law in a specific case.

FECC initiates first criminal action against probable cartel
  • Mexico
  • May 11 2017

The Federal Economic Competition Commission (FECC) investigative authority recently published a press release stating that it had, for the first time, requested the attorney general to initiate criminal action against persons involved in absolute monopolistic practices. This case constitutes an important landmark in Mexico's promotion of competition; the FECC and the attorney general will work closely to set a precedent that will safeguard the credibility of criminal penalties.

FECC will focus on priority sectors in 2017
  • Mexico
  • February 23 2017

The Federal Economic Competition Commission recently issued its Annual Work Programme. The programme's initiatives largely focus on sectors of strategic importance to Mexico's economic and social interests and should encourage economic agents participating in these sectors to avoid monopolistic practices that may harm, impede or restrict competition.


Employment & Benefits

Constitutional reform: labour justice, freedom of association and collective bargaining
  • Mexico
  • March 15 2017

The decree amending several provisions of the Constitution with regard to labour justice, freedom of association and collective bargaining was recently published in the Federal Official Gazette. Key amendments include the abolishment of the conciliation and arbitration boards and the establishment of a new federal agency which will be responsible for the registration of collective bargaining agreements and trade union organisations, as well as all related administrative processes.

Fixed-term employment agreements under Federal Labour Law
  • Mexico
  • January 18 2017

Under the Federal Labour Law, fixed-term employment agreements can be validly entered into only when the temporary and extraordinary nature of a job requires it or an employer must temporarily replace an employee. Failure to apply fixed-term agreements in accordance with the law may result in a temporary employment relationship being classified as an employment relationship for an indefinite term and a finding that its termination was unjustified.

General and professional minimum wages increased
  • Mexico
  • January 11 2017

The National Minimum Wages Commission (CONASAMI) recently published a resolution increasing general and professional minimum wages. CONASAMI first increased the general minimum wage by Ps4, resulting in a rate of Ps77.04 per day, with the objective of gradually and steadily improving the purchasing power of employees who earn the minimum wage. Immediately thereafter, it increased both general and professional minimum wages by 3.9%, resulting in a rate of Ps80.04 per day.

Court issues first precedent regarding employee stock option plans
  • Mexico
  • July 13 2016

The Seventh Collegiate Court in Labour Matters of the First Circuit recently ruled that stock options established in an individual employment agreement form part of the employee's salary and must therefore be taken into account when calculating the employee's severance pay. Employers should thus ensure that employee stock option plans clearly indicate that they are an extraordinary item of compensation excluded from such calculation.

President proposes employment and labour law amendments
  • Mexico
  • June 08 2016

The president recently proposed several amendments to employment and labour law. While the proposed new judicial structure in which collective matters are managed at a federal level is intended to increase Mexico's competitiveness and provide faster solutions for individual employment conflicts, the proposed collective bargaining agreement registration requirements appear to be quite burdensome.


Energy & Natural Resources

Contributed by Ibáñez Parkman y Asociados SC
Enel enters Mexican energy sector
  • Mexico
  • November 13 2017

Italian energy company Enel Green Power recently launched a qualified energy supplier subsidiary in Mexico, through which it intends to acquire at least 150 large customers. Enel plans to make a substantial bid to commercialise electric power, clean energy certificates and energy solutions for commercial and industrial users. This type of private investment is a clear example of how the Mexican energy reform has led to the emergence of new players that were previously unable to participate in this sector.

CNH announces tender for oil marketing services
  • Mexico
  • November 06 2017

The National Hydrocarbons Commission (CNH) recently announced the tender for the commercialisation of hydrocarbons that the state obtains as consideration in exploration and extraction contracts. The CNH indicated that the tendered services will consist of the company that wins the tender selling the hydrocarbons when they are delivered by the private company that extracted them. This action is another example of the new business opportunities that the recent energy reform has introduced.

Legal servitude of hydrocarbons
  • Mexico
  • July 17 2017

Following the latest energy reform and the enactment of the new Hydrocarbons Law in 2014, a new legal concept regarding the legal servitude of hydrocarbons has been introduced. This concept aims to replace direct expropriation by giving landlords more options when negotiating the ownership of properties used by public utilities in the acquisition of land needed for hydrocarbon activities.

Oil tender rounds consolidate Mexico as one of world's most attractive investment destinations
  • Mexico
  • May 29 2017

According to its recent press release, the Ministry of Energy, in conjunction with the National Hydrocarbons Commission, plans to increase substantially the number of areas offered in future oil tenders. This will increase national production of oil and gas, as well as future reserves. In addition, the energy secretary has stated that it will help to consolidate Mexico as one of the world's most attractive investment destinations in the hydrocarbons field.

Social management of energy projects in Mexico: international law and human rights
  • Mexico
  • May 22 2017

The execution of major energy projects has been affected by social opposition from various communities, including individual landowners and indigenous communities, among others. The magnitude of this problem is best addressed from a human rights perspective, as the complex structure of international and regional organisations of which Mexico is a member has resulted in a vast number of international treaties relating to the human rights of communities affected by energy projects.


Environment & Climate Change

Contributed by Hogan Lovells BSTL SC
Waste management rules for hydrocarbons sector to be enacted
  • Mexico
  • November 13 2017

The National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector recently filed a draft emergency Mexican official standard before the Federal Regulatory Betterment Commission. The draft establishes the criteria for classifying types of special and hazardous waste derived from the hydrocarbons sector, determines which types of waste are subject to a waste management plan and details the procedures for formulating such a plan.

ASEA issues draft water protection guidelines applicable to shale oil projects
  • Mexico
  • June 26 2017

Following the expansion of shale oil extraction projects and the discovery of unconventional hydrocarbon deposits, the National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector recently commenced a public consultation process to enact applicable water protection guidelines. The draft guidelines provide a glimpse of the authorities' preliminary approach to shale oil projects with regard to water resources and environmental protection.

ASEA issues environmental and safety guidelines for ground transportation of oil and petrochemicals through pipelines
  • Mexico
  • May 29 2017

As part of its expansion of operational safety and environmental protection guidelines and administrative provisions, the National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector turned its attention to oil, gas and petrochemical pipeline transportation activities. Recently issued guidelines complement the environmental legal framework so that both environmental and personal safety are guaranteed during the lifetime of a pipeline project.

ASEA issues guidelines to identify root cause of environmental and safety incidents in hydrocarbons sector
  • Mexico
  • February 20 2017

In light of its concerns regarding environmental and operational accidents arising from hydrocarbons projects, the National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector recently published the Guidelines to Carry Out the Root Cause Investigation for Incidents and Accidents. The guidelines aim to identify the root cause of an incident and determine the maintenance and preventive mechanisms that must be implemented in order to prevent such events in future.

Environmental incidents in the hydrocarbons sector: new reporting obligations introduced
  • Mexico
  • November 28 2016

Two important instruments were recently published which have generated a number of new environmental reporting obligations for companies involved in the hydrocarbons sector. In addition to these obligations, parties that cause an incident or spill during the execution of a project must undertake all applicable measures and actions to contain, mitigate and repair the environmental damage and contamination caused.