Client Alert

With the beginning of the new six-year presidential term, the use of Artificial Intelligence (AI) to improve auditing processes, and the recent amendments to the Foreign Trade General Rules for 2024, we expect an increase of audits to customs and foreign trade operations.

The Senate unanimously approves the reform to the Federal Labor Law regarding rest breaks during the work shift.

Unanimous agreement between the Business Coordinating Council and the National Commission on Minimum Wages which establishes a 12% increase in the General Minimum Wages in force as of January 1st, 2025, in Mexico.

On September 15th, 2024, the Mexican government published a Reform that modifies and amends various provisions of the Constitution concerning the composition of the Judicial Branch. This Reform introduces substantial changes to the structure and performance of the Judicial Branch, among other significant amendments, resulting in a new legal landscape and a shift of scenario for both, domestic and international companies, seeking to operate or continue its operations in Mexico.

The purpose of “NOM-038-STPS-2024,” is to provide the classification of agricultural, forestry, sawing, silvicultural, hunting and fishing activities for identifying those tasks or jobs considered of lesser risk for underaged employees, which do not involve the use of chemicals, handling of machinery and heavy vehicles. In compliance with the provisions of article 176, section II, numeral 8 of the Federal Labor Law. The “NOM-038-STPS-2024,” applies to all workplaces in the country that have employees over 16 years old and under 18 years old who carry out agricultural, forestry, sawing, forestry, hunting and fishing activities. This NOM (Mexican Official Standard) applies to all work centers in the national territory that have employees over 16 years old and under 18 years old, who carry out tasks, activities or jobs in agricultural, forestry, sawing, forestry, hunting and fishing.

On September 15th, 2024, the Mexican government published a Reform that modifies and amends various provisions of the Constitution concerning the composition of the Judicial Branch. This Reform introduces substantial changes to the structure and performance of the Judicial Branch, among other significant amendments, resulting in a new legal landscape and a shift of scenario for both, domestic and international companies, seeking to operate or continue its operations in Mexico.

The National Consultative Committee for Standardization of Environment and Natural Resources (“COMARNAT” for its acronym in Spanish) published the new Mexican Official Standard Bill: PROY-NOM-174-SEMARNAT-2024 (“Bill of NOM”), setting forth the maximum permissible limits for the emission of polluting gases and particles, coming from the exhaust of new engines incorporated or to be installed in new non-road mobile machinery, that use diesel as fuel. This is applicable to tractors and machinery used in the industrial, agricultural, mining and construction sectors. If this draft NOM is approved, the standard will be mandatory throughout Mexico for manufacturers and importers of new engines incorporated or to be installed in new non-road mobile machinery that use diesel as fuel.

With the “First Resolution of Amendments to the Foreign Trade General Rules for 2024 and its Annexes 2,5, 9, 17 and 22” recently published, SAT has identified that some courier and parcel companies have carried out improper practices in the importation of goods, avoiding the payment of taxes and compliance with Non-Tariff Regulations and Restrictions (“NTRRs”), which could lead to smuggling and fiscal fraud.

With the recent Decree amending the Tariff of the General Import and Export Duties Law, 544 HTS codes of various industries, including aluminum and steel, were affected. However, after identifying that there is currently no domestic production of unwrought aluminum, and that the availability of such goods in countries with which Mexico has entered into an international trade agreement is insufficient, the Ministry of Economy decided to remove two HTS codes from such Decree, consisting of: unalloyed aluminum (7601.10.02 ) and aluminim alloys (7601.20.02).

A historic amendment to the legislation related to electronic negotiable instruments regulation, was published on March 26. Key points include acknowledgment of the validity of electronic negotiable instruments and their equivalence to negotiable instruments issued in a traditional manner, regulatory changes in connection with General Deposit Warehouses, Electronic Deposit Certificates, and the repeal of provisions on pledge bonds. These reforms aim to modernize legal frameworks, enhance security, and streamline transactions, marking a significant step forward in Mexico's commerce landscape, among other advantages.

With the recent amendment to rule 7.3.3., subsection XIII, of the Foreign Trade Feneral Rules 2023 (text that prevailed for the Foreign Trade General Rules 2024), a new scenario of joint responsibility was born for companies transferring goods under the virtual operations through pedimentos code “V5”. This entails a great responsibility and additional administrative burden for the manufacturing and exporting industry.