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1.
ADMINISTRATIVE LAW AND GOVERNMENT
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1.1
Federal Public Administration Act
(Ley Orgánica de la Administración Pública Federal),
D.O. of December 29, 1976,
As amended by D.O. December 28, 1994,
It entered into force on December 29, 1994. |
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This
federal statute establishes the structure and functions of Mexico’s
federal public administration, which is divided into two parts: (a)
centralized (Centralizada) and (b) parastate (Paraestatal).
The centralized public administration includes the Presidency
of the Republic, 19 federal departments (Secretarías de Estado)
and agencies (Departmentos administrativos). The parastate
public administration is formed by descentralized entities, government-owned
corporations, national institutions of credit, insurance and bonds,
and Fideicomisos.Composed by fifty sections (Artículos),
this statute provides detailed information regarding the powers
and functions of each of the 19 federal departments which form the
President’s cabinet. |
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1.2
Federal Act of Parastate Entities
(Ley Federal de las Entidades Paraestatales),
D.O. of May 14, 1986,
It entered into force on May 15, 1986
As amended by D.O. of December 24, 1996
It entered into force on December 25, 1996 |
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This
federal statute details the provisions of Article 90 of the Mexican
Constitution. It regulates the organization, functions and control
of the parastate entities of Mexico’s federal public administration,
as defined by the Federal Public Administration Act. It is composed
of sixty eight sections (Artículos). |
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1.3
Regulations to the Federal Act of Parastate Entities
(Reglamento de la Ley Federal de las Entidades Paraestatales),
D.O. of January 29, 1990
It entered into force on January 30, 1990 |
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Composed
of 34 sections (Artículos), these regulations detail the establishment,
organization, control and extinction of parastate entities. |
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2.
AMPARO
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2.1
Federal Amparo Act
(Ley de Amparo Reglamentaria de los Artículos 103 y 107 de
la Constitución Política de los Estados Unidos Mexicanos),
D.O. of January 10, 1936.
As amended by D.O. of December 21, 1987.
It entered into force on January 15, 1988. |
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This
federal statute governs the suit of Amparo both substantively
and procedurally, as provided for by Articles 103 and 107 of the Constitution.
Amparo was created (a) to protect any infringement of
constitutional rights (Articles 1-28) committed by any authority;
(b) to challenge federal laws or actions by federal authorities which
injure or restrict the sovereignty of States; and, c) to challenge
State laws or actions by State authorities which invade areas under
federal jurisdiction. The statute regulates also appeals (Recursos),
jurisprudence (Jurisprudencia) and the responsibility that
may be incurred by federal judges and authorities. It is composed
of 234 sections (Articles). |
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2.2
Act of the Federal Judicial Power
(Ley Orgánica del Poder Judicial de la Federación)
D.O. of January 5, 1988,
As amended by D.O. of May 26, 1995,
It entered into force on May 27, 1995. |
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Amended
by President Zedillo as a consequence of a profound change to Mexico’s
Federal Judicial Power (see D.O. of December 31, 1994), this
statute regulates the federal judicial power exercised in that country
by: 1) the Supreme Court, 2) Circuit college courts, 3) Circuit unitary
courts, 4) District courts, 5) the Council of the Federal Judiciary,
6) the Federal jury of citizens (Jurado Federal de Ciudadanos)
and 7) certain courts in the States and in the Federal District (Mexico
City). This statute resembles the Judiciary Act of 1789. |
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2.3
Federal Act of Acquisitions and Public Works
(Ley de Adquisiciones y Obras Públicas)
D.O. of December 30, 1993
As amended by D.O. of August 5, 1994
It entered into force on January 1, 1994 and August 6, 1994. |
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This
statute is of public order and social interest. It regulates actions
regarding the planning, programming, budgeting, expenditures, implementation,
conservation, maintenance and control of acquisitions and leases of
movable assets; rendering of services of any kind; as well as public
works and related services entered into by any public entity at the
federal or state levels, including the Federal District (Mexico
City) and entities of the parastate public administration. It
is composed of 99 sections (Artículos). |
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2.5
Regulations to the Federal Act of Acquisitions and Public Works
(Reglamento de la Ley de Obras Públicas)
D.O. of February 24, 1985
It entered into force on the following day of its publication (except
for Articles 43, 44 and 46 which entered into force 90 days after
their publication). |
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These
regulations are composed of 59 sections (Artículos), addressing
these questions: General provisions (Arts. 1-5); planning, programming
and budgeting of public works (Arts. 6-15); official listing of contractors
(Arts. 16-23); contracts and construction of public works (Arts. 24-54);
works under direct administration (Arts. 55-57); and services relative
to public works (Arts. 58-59). |
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2.6
Federal Act of Responsibilities of Public Servants
(Ley Federal de Responsabilidades de los Servidores Públicos)
D.O. of January 1, 1994
It entered into force on February 1, 1994. |
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This
statute regulates in detail Title IV of Mexico’s Constitution
(Articles 108-114). It imposes liabilities and administrative sanctions
to public servants; it enumerates the obligations applicable to the
public service; it establishes the competent authorities and the procedures
to be followed in these cases, including the patrimonial registry
of public officers. It is composed by 90 sections (Artículos). |
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2.7
Regulatory Act of Article 27 of the Federal Constitution in the Oil
Area
(Ley Reglamentaria del Artículo 27 Constitucional en el Ramo
del Petróleo)
D.O. of November 6, 1940
As amended by D.O. of May 11, 1995 and November 13, 1996
It entered into force on May 12, 1996 |
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This
federal statute is based on the legal premise that "[I]t corresponds
to the Mexican nation the direct, inalienable and permanent ownership
over all hydrocarbons found within its national territory, including
the continental shelf, in layers or deposits, whatever their physical
condition, including intermediate stages, and which compose crude
mineral oil, or are together with it or derive from it. Only the
nation shall be able to undertake the different types of hydrocarbon
[commercial] exploitations in the terms [provided by this Act.]"
(Articles 1 and 2). This is considered a "Regulatory
Act" (Ley Reglamentaria) because its legal substance
derives directly from Article 27 of the Federal Constitution.
This federal statute is composed of 16 sections (Artículos)
which refer to: the concept of the oil industry (Article 2);
oil exploration and exploitation as an strategic activity (Article
4); contracts on construction and rendering of services entered
into by PEMEX (Petróleos Mexicanos) (Article 6); permits
issued by the Secretariat of Energy (Secretariat of Energy) for
the conduct of surveys, prospecting and superficial explorations
(Article 7); oil reserve zones (Article 8); federal jurisdiction
(Article 9); regulation of gas activities (Article 14); administrative
offenses and sanctions (Article 15), etc.
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3.
ARBITRATION
(See Conflict of Laws, 13.3 Code of Commerce)
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4.
ASSEMBLY PLANTS
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4.1
Decree on the Promotion & Operation of the Maquiladora Industry
of 1996
(Decreto que Reforma, Adiciona y Deroga los Artículos que se
indican en el diverso para el Fomento y Operación de la Industria
Maquiladora de Exportación)
D.O. of October 23, 1996
It entered into force on October 28, 1996 |
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This
presidential decree amends the so-called "Maquiladora Decree"
(D.O. of December 22, 1989, as amended by D.O. of December
24, 1993) enacted to promote the establishment of exporting
Maquiladora industries. In symmetry with Mexico’s Program of
Industrial Policy and Foreign Trade (Programa de Política Industrial
y Comercio Exterior), this decree introduces drastic changes to
23 articles of the original 1989 decree. |
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In
general, the changes made are of the essence for the establishment,
operation, management and termination of exporting Maquiladora industries.
The decree defines several new terms, such as "Submaquila,"
"Indirect exporter," "Export proof" (Constancia
de exportación), "Mermas," "Obsolete equipment
and machinery," etc. It also establishes new and more
reasonable terms allowing Maquiladoras to proceed (Tacit or implicit
consent, known as Positiva ficta) in certain situations, involving
a) Secofi’s favorable answers to a given program or extension
(10 days); b) sale of waste (7 days); c) transfers (7 days), etc.
The decree imposes the obligation to persons who benefit from its
provisions to provide pertinent information to Secofi and SHCP. The
decree empowers Secofi to deny authorization to new programs when
they affect the "Non-Maquiladora national industry." The
decree includes two Annexes regarding three-month reports and basic
information to initiate a Maquiladora exporting program, respectively. |
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5.
BANKING LAW
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5.1
Credit Institutions Act
(Ley de Instituciones de Crédito)
D.O. of July 18, 1990
It entered into force on July 19, 1990
As amended by D.O. of February 15, 1995 and April 28, 1995. |
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This
federal Act regulates banking and credit services, and their authorized
activities and operations; their sound and balanced development; the
protection of the public interests; and the specific terms under which
the Mexican State shall conduct the financial direction of the Mexican
Banking System. Composed by 143 sections (Artículos), this
statute governs credit institutions and their operations; accountability
procedures; prohibitions, administrative sanctions and crimes; the
protection of the interests of the public; and the National Banking
Commission. |
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5.2
Bank and Credit Regulations
(Ley Reglamentaria del Servicio Público de Banca y Crédito)
D.O. of December 23, 1993
It entered into force on January 1, 1994 |
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These
federal regulations, which parallel the substance of the Credit Institutions
Act, detail its provisions and provide mechanisms for its institutional
and administrative enforcement. These regulations are composed of
112 sections (Artículos). |
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5.3
Act of the Bank of Mexico
(Ley del Banco de México)
D.O. of December 23, 1993
It entered into force on April 1, 1994 |
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The
Bank of Mexico is that country’s central bank (Banco central).
It is an autonomous, public law entity governed by this federal statute.
This bank has been established to provide that country with national
money (Moneda nacional), endeavoring to attain its sound and
financial stability. The Bank is also empowered to promote the sound
development of its financial system and to propitiate the good functioning
of its system of payments. This Act is composed of 68 sections (Artículos). |
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5.4.
General Act of Organizations and Auxiliary Activities of Credit
(Ley General de Organizaciones y Actividades Auxiliares de
Crédito)
D.O. of January 14, 1985
It entered into force on January 15, 1985
As amended by D.O. of July 15 and December 23, 1993.
It entered into force on July 16, 1993 and January 1, 1994, respectively. |
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This
federal statute regulates the organization and operations of auxiliary
organizations of credit. The Secretariat of the Treasury and Public
Credit (SHCP) is the competent organ to interpret this statute and
regulate these organizations. This Act is formed by 103 sections (Artículos). |
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5.5.
The Stock Market Act
(Ley del Mercado de Valores)
D.O. of January 2, 1975
It entered into force on January 3, 1975
As amended by D.O. of December 23, 1993 and February 15, 1995
It entered into force on January 1, 1994 and February 16, 1995, respectively. |
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This
federal statute regulates the public offering of public stock, their
marketing, the activities of individuals involved in it, the National
Stock Registry and Intermediaries (Registro Nacional de Valores
e Intermediarios), and the authorities and services associated
with the stock market. The Act consists of 117 sections (Artículos). |
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5.6.
Investment Companies Act
(Ley de Sociedades de Inversión)
D.O. of January 14, 1985
It entered into force on April 14, 1985
As amended by D.O. of December 23, 1993 and April 28, 1995
It entered into force on January 1, 1994 and April 29, 1995, respectively. |
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This
federal Act regulates the organization and operations of investment
companies, their marketing and the corresponding authorities and services.
Among its public policies, this statute promotes investment companies,
their balanced development and the establishment of conditions endeavoring
to attain a) the strengthening and descentralization of the stock
market; b) the access of medium and small investors to it; c) capital
democratization; and d) to contribute to the financing of Mexico’s
productive plant. This Act is formed by 45 technical sections (Artículos). |
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5.7
Act to Regulate Financial Groups
(Ley para Regular las Agrupaciones Financieras)
D.O. of July 18, 1990
It entered into force on July 19, 1990
As amended by D.O. of February 15, 1995
It entered into force on February 16, 1995 |
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This
federal Act regulates the organizational and operational bases of
financial groups; establishes the rules for their operations; and
protects of the interests of those who enter into transactions with
said financial groups. The Act is composed by 36 lengthy sections
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6.
BANKRUPTUCY
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6.1.
Bankruptcy Act
(Ley de Quiebras y Suspensión de Pagos)
D.O. of April 20, 1943
It entered into force on July 20, 1943 |
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This
federal statute (jointly with the Code of Commerce) governs bankruptcy
and suspension of payments in Mexico. The Act comprises 469 sections
(Artículos) divided into eight Titles, addressing: 1)
Legal notion and declaration of bankruptcy; 2) Major organs involved
in a bankruptcy; 3) Legal effects of the bankruptcy declaration;
4) Bankruptcy operations; 5) Bankruptcy termination and rehabilitation;
6) Preventing bankruptcy; 7) Bankruptcies and special suspension of
payments; and 8) Appellate measures in bankruptcy and suspension of
payments suits. |
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7.
CIVIL LAW AND PROCEDURE
(See Conflict of Laws)
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8.
COMMERCIAL LAW
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8.1
Code of Commerce (or Commercial Code)
(Código de Comercio)
D.O. of October 7-13, 1889
It entered into force on January 1, 1890,
As amended by D.O. of December 29, 1992. |
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This
federal code, originally enacted in late 1889 and amended several
times, applies only to acts of commerce, as conducted by merchants.
It regulates common obligations of those who engage in commerce, as
well as commercial transactions, mercantile contracts, agents, loans,
pledges, purchase and sale, overland commerce and inland waterways
carriers, etc. In addition, this code governs mercantile legal actions
which are divided into ordinary and summary execution actions. Title
IV of this code (Artículos 1415-1463), as amended in 1988 (D.O.
of January 4, 1989), is devoted to commercial arbitration (See
Conflict of Laws, 13.3 Code of Commerce). |
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8.2
Civil Code for the Federal District on Ordinary Matters and for the
entire Republic on Federal Matters (also known as the Federal Civil
Code)
(Código Civil para el Distrito Federal en Materia Común y para
toda la República en Materia Federal)
D.O. of May 26, 1928
It entered into force on October 1, 1928 (D.O. of September
1, 1932)
As amended by D.O. of January 7, 1988
It entered into force on January 8, 1988 |
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Composed
by 3,074 sections (Artículos), this national code exercised
a profound influence upon the formulation of the individual civil
codes which were enacted by each of the 31 states forming the Republic
of Mexico. Inspired by the Code of Napoleon of 1804 and the
Civil Code of Spain, among others, Mexico’s Civil Code is divided
into four large books: I. Civil status of persons; II. Assets (Bienes);
III. Succesions; and IV. Obligations. The first part of Book
IV refers to contracts, as the source of obligations (Articles 1792-1859).
Specific sections in this code refer to, inter alia, the purchase-sale
contract (Arts. 2248-2322); donations (Arts. 2332-2383); leases
and sub-leases (Arts. 2398-2496); commodatum (Arts. 2497-2515); deposit
(Arts. 2516-2538); agency (Arts. 2546-2584); rendering of professional
services (Arts. 2606-2615); construction (Arts. 2616-2645); lodging
(Arts. 2666-2669); guarantees (Arts. 2749-2855); pledges (Arts.2856-2892);
mortgages (Arts.2893-2943); and compromise and settlement (Arts. 2944-2963).
The code describes the functions of public registry as an institution,
including the Civil Registry (Arts. 35-138) and the Public Registry
of Property (Arts. 2999-3074). |
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9.
COMMERCIAL PAPER
(See Negotiable Instruments)
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10.
CONTRACTS
(See Commercial Law)
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11.
CONFLICT OF LAWS
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11.1
Civil Code of the Federal District (Mexico City)
(Código Civil para el Distrito Federal en Materia Común y para
toda la República en Materia Federal)
D.O. of May 26, 1928
It entered into force on October 1, 1932 (D.O. of September
1, 1932)
As amended by D.O. of January 7, 1988
It entered into force on January 8, 1988 |
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From
1928 until 1988, Mexico lacked conflict of laws rules since the doctrine
of absolute territorialism impeded the application of foreign law
and the adherence of Mexico to the applicable international conventions
in this area was practically nil. This situation changed because of
the 1988 amendments to the Federal Civil Code and other major codes.
Today, specific sections of the Federal Civil Code (Articles 12-15),
read in conjunction with the provisions of the Federal Code of
Civil Procedure (Articles 543-556), the Code of Commerce (Artículos
1415-1463) and the Code of Civil Procedure of the Federal District
provide a more complete and systematic set of conflict of laws rules
in symmetry with the regional and international conventions. |
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11.2
Federal Code of Civil Procedure
(Código Federal de Procedimientos Civiles)
D.O. of February 24, 1942
It entered into force on February 25, 1942
As amended by D.O. of January 7, 1988
It entered into force on January 8, 1988 |
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As
a result of the 1988 amendments, a Fourth Book on "International
Procedural Cooperation" was added to this code (Articles 543-577).
This book governs general principles (Articles 543-548);
letters rogatory (Articles 549-556); jurisdictional matters
(Articles 557-558); reception of evidence from abroad (Articles
559-563); jurisdiction regarding enforcement of judgments (Articles
564-568), and enforcement of judgments (Articles 569-577). |
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11.3
Code of Commerce
(Código de Comercio)
D.O. of October 7-13, 1889
It entered into force on January 1, 1890
As amended by D.O. of January 4, 1989
It entered into force on January 5, 1989 |
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Although
originally enacted in 1890, this Code was amended in 1989 to add a
section on "Commercial Arbitration" (Articles 1415-1463).
This section regulates general principles (Articles 1415-1422);
the arbitral agreement (Articles 1423-1425); composition
of the arbitral court (Articles 1426-1431); jurisdiction of
the arbitral court (Articles 1432-1433); arbitral proceedings
(Articles 1434-1444); rendering of the award and ending of
the proceedings (Articles 1445-1451); expenses (Articles
1452-1456); nullity of the award (Articles 1457-1460); and
recognition and enforcement of awards (Articles 1461-1463). |
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11.4
Code of Civil Procedure of the Federal District (Mexico City)
(Código de Procedimientos Civiles para el Distrito Federal)
D.O. of September 1-21, 1932
It entered into force on October 1, 1932
As amended by D.O. of January 12, 1988
It entered into force on January 13, 1988 |
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First
enacted in 1932, this Code was amended in 1988 to add Chapter VI on
"International Procedural Cooperation" (Articles 604-608).
This new chapter regulates letters rogatory, the so-called "Homologación,"
recognition and enforcement of foreign judgments and arbitral awards,
reciprocity, and documentation requirements. |
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12.
COPYRIGHT
(See Industrial Property)
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13.
CORPORATIONS
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13.1
General Act of Commercial Corporations
(Ley General de Sociedades Mercantiles)
D.O. of August 4, 1934 and August 28, 1934 (Fé de Erratas)
It entered into effect the day of their publication in the D.O.
As amended by D.O. of June 11, 1992
It entered into force on June 12, 1992 |
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This
federal statute regulates these six different types of mercantile
or commercial corporations legally recognized in Mexico: 1) Collective
name corporation (Sociedad en nombre colectivo); 2) Limited
partnership (Non-shares) (Sociedad en comandita simple); 3)
Limited liability corporation (Sociedad de responsabilidad limitada);
4) Anonymous society (Sociedad anónima); 5) Limited partnership
(Share represented capital) (Sociedad en comandita por acciones);
and, 6) Cooperatives (Sociedad cooperativa). Chapters
IX, X and XI of this statute address the merging, transformation,
division and liquidation of corporations (Artículos 222-249).
Articles 250 and 251 specifically refer to "foreign
corporations." (Sociedades extranjeras). The Civil Code
regulates also certain aspects of societies and associations.
This statute is composed by 259 sections (Artículos).
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14.
CUSTOMS LAW
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14.1
Federal Customs Act
(Ley Aduanera)
D.O. of December 30, 1981
It entered into force on July 1, 1992
As amended by D.O. of December 15, 1995
It entered into force on April 1, 1996 |
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This
federal statute regulates the entry into and the exit from Mexico
of all kinds of goods (Mercancías), including their means of
transportation, and the customs law documentation associated with
them. It applies to owners, senders, agents, customs brokers or any
other individual or legal entity involved in the introduction, extraction,
custody, storage and handling of goods, including temporary importation
and exportation and especially taxes. It is composed by 203 sections
(Artículos) divided into nine Titles. This statute
regulates also the newly established "Border Strip" and
"Regional Strip;" official functions of federal customs
agencies and fiscal authorities; and the activities and functions
of customs agents, customs representatives and customs evaluators;
and customs violations, sanctions and fines. In addition to this Act
and its Regulations, customs law matters are also governed by numerous
technical Acuerdos and Circulares issued by the Secretariat
of the Treasury and Public Credit (SHCP) which is the federal agency
with exclusive jurisdiction over these matters. |
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14.2
Customs Regulations
(Reglamento de la Ley Aduanera)
D.O. of June 18, 1982
It entered into force on July 1, 1982
As amended by D.O. of June 6, 1996
It entered into force on June 14, 1996 |
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Formed
by 198 sections (Artículos), these federal regulations detail
the provisions of the Federal Customs Act including entry into and
exit of goods to Mexico; means of transportation; loading and unloading
of cargo; mail carriers; customs deposits; fiscal precincts; customs
inspections; taxes, quotas, compensations, rules and other non-tariff
restrictions to trade; exemptions; imports and exports; and the manner
to make fiscal payments; temporary importation; air and maritime transportation;
containers; port developments; transshipments; border and regional
strips and Maquiladoras; free zones; customs authorities and
functions; customs violations, sanctions and fines, and customs agents
and customs brokers. |
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14.3
Custons Taxes
(Ley Federal de Derechos)
D.O. of July 11, 1996 and December 30, 1996
It entered into force on January 1, 1997 |
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Some
of the provisions of this federal statute impose different taxes (i.e.,
Derechos) to trade activities governed by customs regulations. |
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14.4
Foreign Trade Resolutions
(Resoluciones de Comercio Exterior)
D.O. of June 13 and 14, 1996
It entered into force on June 14 and 15, 1996 |
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These
resolutions are enacted by the Secretariat of the Treasury and Public
Credit (SHCP) to govern specific aspects of foreign trade: to update
taxes, to establish official forms and other documents; to set up
working schedules for customs offices and agencies, etc. |
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15.
ENVIRONMENTAL LAW
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15.1
General Act of Ecological Balance and Environmental Protection
(Ley General del Equilibrio Ecológico y la Protección
del Ambiente)
D.O. of January 28, 1988
As amended by D.O. of December 13, 1996
It entered into force on December 14, 1996 |
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This
federal statute constitutes the most comprehensive legislation ever
enacted by Mexico in the area of environmental protection. This Act
applies to the Federal District (Mexico City) in ordinary matters
and to the entire Republic in federal matters. It includes sections
devoted to jurisdiction, environmental policy and instruments; biodiversity
and natural protected areas; wildlife flora and fauna; sustainable
utilization of the natural resources such as water, soil and non-renewable
resources; environmental protection of air, water, soil, hazardous
activities, toxic waste, nuclear energy and other polluting sources
(e.g.: noise, vibrations, heat, light, etc.). It also addresses
questions involving social participation, the right to environmental
information, control measures and safety, and sanctions. Originally
enacted in 1988, this statute was substantially amended in late 1996. |
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These
changes were made to put Mexico’s environmental regime in symmetry
with the principle of sustainable development, promote a gradual descentralization
to favor individual States, encourage social participation, establish
the right to environmental information and reduce the discretion of
public authorities in this area. Furthermore, as a result of the 1996
amendments, several environmental felonies (Delitos Ambientales)
were added to the Federal Penal Code (Código Penal Federal,
Articles 414-423). This Act consists of 202 sections (Artículos).
The enforcement of environmental provisions corresponds, within their
respective jurisdictions, to the Secretariats of the Environment (SEMERNAP);
Agriculture and Hydraulic Resources; the Navy; Mines and Energy; Transportation
and Communications, and the Office of the Attorney General of the
Republic. |
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15.2
Hazardous Waste Regulations
(Reglamento General de la Ley del Equilibrio Ecológico y la
Protección al Ambiente en Materia de Residuos Peligrosos)
D.O. of November 25, 1988 |
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These
federal regulations, composed of 63 sections (Artículos), regulate
the generation, handling, import and export, control and safety, and
sanctions applicable to hazardous wastes. This area is exclusively
reserved to the Federal Executive through SEMERNAP (Artículos 150-153,
Environmental Act). |
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15.3
Decree for the Importation and Exportation of Hazardous Waste
(Decreto relativo a la Importación o Exportación de Materiales
o Residuos Peligrosos que por su Naturaleza puedan causar Daños al
Medio Ambiente o a la Propiedad, o Constituyen un Riesgo para la Salud
o Bienestar Públicos)
D.O. of January 19, 1987
It entered into force on January 20, 1987 |
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Formed
by 20 sections (Artículos), this federal decree establishes
the procedure which must be followed to import and export any hazardous
materials or waste which may cause environmental injury or damage
to property, or represent a risk to health or public welfare, including
storage, recycling, transportation, ecological waybills (Guías
Ecológicas), sanctions and the legal definition of hazardous materials
or waste (Materiales o residuos peligrosos). |
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15.4
Official Forms to be Used to Report Hazardous Residues
(Acuerdo por el que se dan a conocer los Formatos en los que
la Industria Nacional debe Declarar el Volumen y Tipo de Generación
de Residuos Peligrosos)
D.O. of May 3, 1989
It entered into force on May 4, 1989 |
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This
federal Acuerdo, issued by the SEDUE (now SEMERNAP), establishes
the three types of official form (Manifiesto) that Mexican
industries must fill out to report to SEMERNAP 1) the generation (Manifiesto
para Empresas generadoras de Residuos Peligrosos); 2) delivery,
transport and reception (Manifiesto de Entrega, Transporte y Recepción
de Residuos Peligrosos); and 3) the accidental spillage of hazardous
residues (Manifiesto para Casos de Derrame de Residuos Peligrosos
por Accidente). |
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15.5
Regulations for the Prevention and Control of Water Contamination
(Reglamento para la Prevención y Control de la Contaminación
de Aguas)
D.O. of March 29, 1973
It entered into force on May 29, 1973. |
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Formed
by 70 sections (Artículos), these federal regulations govern
the prevention and control of water contamination in coastal areas;
residual, surface and drainage waters; treatment and purification;
technical standards, sanctions, etc. |
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15.6
Regulations Against Noise Pollution
(Reglamento para la Protección del Ambiente contra la Contaminación
Originada por la Emisión del Ruido)
D.O. of December 6, 1982
It entered into force on February 6, 1983. |
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Formed
by 79 sections (Artículos), these federal regulations govern
the prevention and control of noise pollution, including legal definitions;
sources and technical standards; education measures; monitoring, inspections
and sanctions. |
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15.7
Regulations to Prevent and Control Marine Pollution
(Reglamento para Prevenir y Controlar la Contaminación del
Mar por Vertimiento de Desechos y Otras Materias)
D.O. of January 23, 1979
It entered into force on January 24, 1979. |
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Formed
by 34 sections (Artículos), these federal regulations govern
the jurisdiction; procedures; inspections and monitoring; preventive
measures; and general provisions. Three technical annexes enumerate
polluting substances and compounds. |
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15.8
Listing of Highly Hazardous Activities
(Acuerdo que contiene el Primer Listado de Actividades Altamente
Riesgosas)
D.O. of March 28, 1990
It entered into force on March 29, 1990. |
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This
official Acuerdo, issued by SEMERNAP and formed by 7 sections
(Artículos), contains the first listing of highly hazardous
activities classified by specific substances, volume, physical state,
etc. These activities were chosen and enumerated based on a number
of factors, whether natural or man made, associated with flammable,
explosive, toxic, reactive, radioactive, corrosive or biological
substances.
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16.
FIDEICOMISO
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16.1
Federal Constitution of Mexico, Art. 27 (I)
(Constitución Política de los Estados Unidos Mexicanos)
D.O. of February 5, 1917
It entered into force on May 1, 1917. |
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16.2
Foreign Investment Act of 1993, Articles 2(VI), 11-14 and 15-18
(Ley de Inversión Extranjera, See Foreign Investment) |
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16.3
Foreign Investment Regulations of 1989, Articles 1(XIII), 10-12, 16-22,
30-34 and 36-38
(Reglamento de la Ley de Inversión Extranjera, See Foreign
Investment) |
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17.
FORBIDDEN OR RESTRICTED ZONE
(See Fideicomiso)
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18.
FOREIGN EXCHANGE CONTROLS
(See Commercial Law)
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19.
FOREIGN INVESTMENT
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19.1
Foreign Investment Act of 1993
(Ley de Inversión Extranjera)
D.O. of December 27, 1993
It entered into force on December 28, 1993
As amended by D.O. of December 24, 1996.
It entered into force on December 25, 1996. |
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This
federal statute governs foreign investment in Mexico. Contrary to
the to the 1973 Act, considered to be rigid and inflexible, the new
Act modernizes and promotes foreign investment. Composed by 39 sections
(Artículos), this statute regulates acquisition of real estate
and trusts (Fideicomisos); foreign corporations and their investments;
the peculiar concept of "neutral investment;" the functions
of the National Commission on Foreign Investments and the corresponding
Registry; and sanctions. The new Act preserves the system of having
strategic areas exclusively reserved to the State, economic activities
exclusively reserved to Mexican nationals or Mexican corporations
with an Exclusion of Foreigners Clause, and activities and
acquisitions under specific regulations. |
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19.2
Foreign Investment Regulations of 1989
(Reglamento de la Ley para Promover la Inversión Mexicana
y Regular la Inversión Extranjera)
D.O. of May 16, 1989
It entered into force on May 17, 1989. |
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Although
these regulations derive from the original 1973 Foreign Investment
Act, in reality they represent a drastic and welcome change in Mexico’s
foreign investment. These regulations liberalized foreign investment
beyond the original intention of the 1973 Act. Formed by 86 sections
(Artículos), these federal regulations expand and detail all
the major areas on foreign investment. In essence, the 1989 Regulations
not only departed substantially from the 1973 Act but created the
more open policies in the area of foreign investment which were later
on incorporated into the 1993 Act. These regulations are particularly
important because they allowed foreign investment without limitations
in areas not included in the so-called "Classification,"
without requiring the authorization from SECOFI. They promoted foreign
investment through fideicomisos, neutral investment, immovable
assets (Articles 5-26). They also expanded the scope of foreign
investment in industrial, commercial and service activities (Articles
27-29), allowing the direct acquisition and lease of immovable
assets (Articles 36-38). These regulations restructured the
National Registry of Foreign Investments (Articles 42-79) and
the National Commission of Foreign Investments (Articles 80-83). |
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20.
FRANCHISES
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20.1
Industrial Property Act (IPA) Article 142 of the IPA and Art. 65 of
its Regulations |
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Article
142 of the IPA provides that a franchise is in place when the licence
for the use of a trademark, for the transfer of technical knowledge
or for technical assistance is granted upon an individual so he/she
can produce or render services in a uniform manner and under the operational,
commercial and administrative methods established by the [legal] holder
of the trademark in order to maintain the quality, prestige and image
of the products and services protected by the trademark. In addition,
the one who grants a franchise [Franchisor] must give to the
intended recipient [Franchisee], prior to the entering into
the corresponding agreement, information pertinent to the company’s
situation, in the terms provided by the Regulations of this
Act. The provisions of this chapter (Chap. VI: Of Licences and
the Transfer of Rights) shall apply to the recording of a franchise. |
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Article
65 of the Regulations provides a detailed listing of the minimum "technical,
economic and financial information" that the holder of a franchise
must provide to those intending to enter into a franchise agreement.
For example: 1) name, address and nationality of the franchisor; 2)
description of the franchise; 3) franchisor’s years of commercial
operations; 4) industrial property rights involved; 5) amounts and
terms of the payments the franchisee must pay the franchisor; 6) types
of technical assistance and services the franchisor must provide the
franchisee; 7) geographical definition of the territorial area where
the commercial establishment is going to exploit the franchise; 8)
whether or not the franchisor has the right to transfer sub-franchises
to third parties and, if this is the case, under what requirements;
9) franchisee’s obligations regarding confidential information
provided by the frenchisor; and 10) In general, the franchisee’s
obligations and rights derived from the entering into the franchise
agreement. |
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Author
& General Coordinator:
JORGE A. VARGAS
Professor of Law,
University of San Diego School of Law
Published by ©West
Group (1998)
To purchase this book
please click on icon below:
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