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.
Due to technological developments over the years, and the occasional misuse of personal data collected by credit institutions, on June 26, 2024, Deputy Mario Alberto Rodríguez Carrillo, a member of the Parliamentary Group of Movimiento Ciudadano, introduced an initiative aimed at protecting and preventing breaches to these rights.
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.
The Supreme Court determined the unconstitutional nature of the requirement by the Ministry of Labor (STPS by its acronym in Spanish) requiring evidence of the specialized nature of the services or works that are going to be provided within the incorporation into the Registry of Contractors of Specialized Services or Specialized Works (REPSE by its acronym in Spanish).
The agreement published on February 21st, 2024, modifies the articles contained on the general provisions for the registry of individuals or legal entities that provide specialized services or execute specialized works referred to in article 15 of the Federal Labor Law (LFT by its acronym in Spanish).
The investigative authority of the Federal Economic Competition Commission in Mexico (“COFECE”) issued a preliminary opinion identified with the file number IEBC-001-2022, by which it is concluded that there are no effective competition conditions on the national retail e-commerce market (“Investigated Market”) due to the possible existence of three barriers to competition and free market participation.
The investigative authority of the Federal Economic Competition Commission in Mexico (“COFECE”) issued an opinion where it determined that certain individuals and entities may be responsible for the commission of absolute monopolistic practices (cartel) within the non-residential real state sector. This derives from and investigation commenced in 2020 due to the possible manipulation of prices within the market of leases of non-residential properties in Mexico.
On December 28, 2023, the Mexican government published a decree amending, adding, and repealing various provisions of the Securities Market Law and the Investment Funds Law (the “Decree”). The purpose of such amendments is to increase competitiveness in the Mexican market and enable small and medium-sized enterprises to participate in the stock market.
