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Measures announced by the SCJN for its activities from june 1 to 30

In accordance with General Agreements 3/2020, 6/2020 and 7/2020 issued during March and April 2020, the Plenary of the Supreme Court of Justice (“SCJN”), decided to announce certain measures for mitigating risks related to the COVID-19 disease, including the declaration as non-working days from March 18 to May 31, 2020.

On May 26, 2020, the Plenary of the SCJN issued General Agreement 10/2020, which extends the suspension of jurisdictional activities until June 30, 2020, in the understanding that during such period terms will not elapse, however, the days and hours that may be necessary for the development of the activities with the purposes mentioned below, will be enabled electronically or remotely:

a) Provide on the suspensions requested in urgent constitutional controversies and the judicial actions necessary for the effectiveness of such measures.

b) To present the initial writs within the competence of the SCJN only electronically, using the FIREL or e.firma, and to generate the corresponding electronic files.

c) Continue with the electronic processing of matters regulated in the Amparo Act, constitutional controversies, unconstitutional actions in which laws of annual validity or, electoral regulations, have been challenged, and the appeals filed in those means of constitutional control settled before the SCJN, or the appeals filed against urgent constitutional controversies presented since March 18, 2020, that go beyond the matter of suspension, through the use of FIREL or e.firma.

d) To digitize the documentation and to integrate the electronic files for the matters mentioned in subsection c) above, to continue its processing electronically.

e) Provide through electronic means the matters mentioned in sub-sections b) to d), and for notifications to be effected by writing or electronic list, as appropriate, as well as electronically.

f) To effect the service of process ordered in the proceedings initiated electronically since June 1st, 2020, and by writing to the respective authorities the orders that admit “amparo under review” remedies filed before or after the date herein mentioned.

g) To hold remote hearings and appearances.

h) To provide on the matters listed or that may be listed for the sessions the Plenary or Chambers of the SCJN may hold remotely; to announce the decisions taken in those sessions by writing or electronic means; to sign electronically the relevant additions and votes; and to make available the drafts of the resolutions through electronic means.

i) To notify the legislative bodies, the judgments issued by the Plenary of the SCJN, in unconstitutional actions or constitutional controversies, should the effects of the declaration of invalidity are subject to such notification.

j) To conclude the completion of the matters decided before March 18, 2020, by the Plenary and Chambers of the SCJN, to sign them electronically and to notify them by writing or through electronic sign.

The deadlines for submission of requirements ordered during the month of June 2020, and for filling appeals electronically against such requirements, will restart or begin only for the party that files his submission electronically. In the case of orders admitting “amparo under review” remedies, the period for its challenge will start from the date of the effectiveness of the notification made by writing or electronic list.

The measures above mentioned intend that the SCJN carry out its activities during June with the necessary precautions to face the SARS CoV-2 (COVID-19) pandemic.

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Senes publishes the agreement to guarantee the efficiency, quality, reliability, continuity and security of the national electric system

On April 29, 2020, the National Energy Control Center (for its initials in Spanish “CENACE”), issued the Agreement to guarantee the Efficiency, Quality, Reliability, Continuity and Security of the National Electric System (“Agreement”), on the occasion of the recognition of the epidemic of disease due to the SARS-COv2 virus (COVID-19).

As a consequence of the foregoing, the Plenum of the Federal Commission on Economic Competition (for its initials in Spanish “COFECE”), through a session dated May 6, 2020, issued Opinion No. OPN-006-2020, from whose analysis and recommendations were made known through this media.

In follow-up to the foregoing, it was made known the Agreement by which the Policy of Reliability, Safety, Continuity and Quality in the National Electric System, issued by the Ministry of Energy, which was published in the Official Gazette of the Federation on May 15, 2020 (“SENER Agreement”). Of the recitals, the following is highlighted:

“That this policy contemplates in a more orderly manner the penetration of Power Plants with Intermittent Clean Energy, photovoltaic and wind power, anticipating that the Alert and Emergency Operating States will be reduced to a minimum according to international experiences, reducing as far as possible the forced exits associated with generation are particularly dangerous on the ramps of sunrise and sunset, as well as at critical hours of the National Electric System and that expose financial damage to the National Electric System, as well as to End Users. Said strengthening will be carried out through the optimization of the elements that make up the National Electric System as a whole, and

The Third Transitory Article of the SENER Agreement, for its part, establishes:

Third.- In accordance with this policy of Reliability, Safety, Continuity and Quality in the National Electric System, the Energy Regulatory Commission and the National Center for Energy Control, within the scope of their powers and competences, shall carry out the corresponding adjustments to the Market Rules and the “General Administrative Provisions that contain the Criteria of efficiency, Quality, Continuity, security and sustainability in the National Electric System; Network Code, as provided in article 12, section XXXVII of the Electricity Industry Law ”and those that may be necessary in terms of efficiency, quality, reliability, safety and sustainability in the National Electric System.

As long as the adaptations indicated in the previous paragraph for the application of the Reliability, Safety, Continuity and Quality Policy in the National Electric System are not carried out, those in force before the entry into force of this Agreement will apply, as long as it is not oppose the provisions of this Policy, being in charge of the Ministry of Energy to resolve any questions regarding the applicable provision that arises in the event of conflict. “

For its part, Chapter V of General Provisions of the SENER Agreement, in item 2. Scope, point 2.2., establishes the following:

“2.2 The Bases of the Electricity Market and General Administrative Provisions (DACG) and other regulations issued by CRE; the Market Operational Provisions that govern the MEM issued by CENACE; as well as the regulation for the incorporation of the Distributed Generation to the SEN and the other operations carried out by the Carriers or Distributors; that are related to activities derived from this Policy, must comply with the principles, guidelines and provisions of this instrument. ”

Chapter VI of Dimensions of the Policy of Reliability, Safety, Continuity and Quality in the National Electric System, in item 6 of Sufficiency, point 6.2 Primary Regulation, point 6.2.3, indicates:

6.2.3. All the Power Plant units connected and delivering active power to the SEN must operate participating in the Primary Regulation (in free mode). The Power Plant units, participating in the primary Regulation, must adjust their production following the changes in the frequency of the System and in the action times established by CENACE. For those Wind, Photovoltaic and Efficient Cogeneration Power Plants with a date of entry into operation, that have an Interconnection contract without being in operation and with a study of Installations delivered prior to the publication of the Network Code of April 08, 2016 in the DOF, they will apply after 18 months of publication of this Policy. ”

In the same Chapter VI., Item 7 of Dispatch Security, point 7.1.2, the SENER Agreement indicates that CENACE will determine the necessary actions to maintain Dispatch Security in compliance with the objectives of Security, Quality and Continuity of the Policy and the provisions that the CRE issues in the matter, pointing out some of them to that effect.

On the other hand, point 8 of the SENER Agreement, related to New Related Services, establishes new services linked to the operation of the SEN, such as the Coverage of the Variability of Power Plants with Intermittent Clean Energy, photovoltaic and wind power and Load Centers Specials. Likewise, it indicates that CRE will issue the regulation and rates applicable to Related Services.

Point 10 of the SENER Agreement, regarding the Incorporation of Intermittent Clean Energies, states:

“10.1 The integration of Installed Capacity of Power Plants with Intermittent Clean Energy in the SEN will be maintained for all Power Plants that have reached the Interconnection Contract one day before the publication of this Policy in the DOF. If for any Power Plant with Intermittent Clean Energy, wind or photovoltaic, it is canceled if the Interconnection Contract or Generation Permit, CENACE will evaluate the requests so that, depending on the position of entry and advancement in its platform called “SIASIC”, from the Interconnection point of the Request and the capacity of intermittent Clean Generation regional accommodation considering the Reliability of the System, the viability of accepting the Study request and continuing the process of it will be determined.

10.8 Regarding the Market in the Balance of Power, the Power Plants with intermittent Clean Energy sources do not provide a firm amount of Power, therefore, they do not contribute to the Reliability of the Electric System.”

In Chapter VII, Final Provisions of the SENER Agreement, point 13.1, establishes the following:

“13. The interpretation that CENACE and CRE make, within the scope of their powers and competences, must be carried out in accordance with the present Policy of Reliability, Safety, Continuity and Quality in the National Electric System, so that, in the event of conflict due to the Market Rules and this Policy, must be interpreted in accordance with the latter.”

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First resolution of amendments to the 2020 miscellaneous tax resolutions

On May 12th, 2020, it was published on the Federal Official Gazette the First Resolution of Amendments to the 2020 Miscellaneous Tax Resolutions

Most of the rules remain unchanged from those released by the Mexican Tax Administration (SAT for its Spanish acronym) on its website. We highlight the following rules:

Individuals annual tax return

As anticipated in previous newsletters, rule 13.2. allows individuals to file their 2019 annual tax return no later than June 30th, 2020.

From taxpayers whom must file their 2019 annual income tax return and must pay any tax, rule 3.17.4 allows to pay them up to a maximum of six biases, monthly and successive, as long as their 2019 annual income tax return is presented no later than June 30th, 2020, and the payment of the first biases is made within that period.

Taxes on services provided from digital platforms

Rule 12.2.6. provides taxpayers obliged to withhold and pay income tax of taxpayers who sell goods or provide services through websites or apps may choose to calculate the income tax withholdings of each taxpayers based on daily periods.

Furthermore, rule 12.2.9. spells the detailed ways of fulfilling with formal obligations regarding taxpayers who provide digital intermediary services between third parties. They will make the payment of value added tax withholdings through the “Value Added Tax payments withholdings tax return for digital platforms”, until the 17th day of the month immediately following the month in which the withholding was made.

Suspend certain due dates

As anticipated un previous newsletters, rule 13.3. suspends certain due dates of procedures and filings before the SAT that cannot be done electronically. We refer the reader to the newsletter published on that matter.

The full text published on the Federal Official Gazette is available online at: https://www.dof.gob.mx/nota_detalle.php?codigo=5593149&fecha=12/05/2020.

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Jurisdiction of the courts of Mexico City, over commercial disputes, according to the value of the claim

Authors: Roberto Altamirano y Eduardo Reyes

Articles 59, 104 and 105 of the Organic Act of the Judicial Power of Mexico City provide that the courts of that entity with jurisdiction in civil and commercial matters are (i) Civil Courts of Written Process, (ii) Civil Courts of Oral Process and (iii) Civil Courts of Low Amount. In this regard, the Plenary of the Council of the Judiciary of Mexico City released at the ordinary session held on February 18th, 2020, the Agreement 40-09/2020, which specifies that starting January 26th, 2020, jurisdiction over commercial disputes shall be governed in accordance with the following:

1. The Civil Courts of Written Process may rule on (i) commercial executive proceedings concerning amounts over the sum of $4,000,000.00 (Four million pesos 00/100 M.N.), without considering interests and/or other accessories claimed at the filing date of the lawsuit, and (ii) matters under concurrent jurisdiction that cannot be economically quantified at the time the lawsuit is filed neither afterward, whose jurisdiction is not expressly allocated to the Civil Courts of Oral Process.

2. The Civil Courts of Oral Process may rule on (i) commercial executive proceedings that involve amounts under the sum of $4,000,00.00 (Four million pesos 00/100 MN), and equal or over the sum of $682,546,89 (Six hundred eighty-two thousand five hundred and forty-six pesos 89/100 MN), without taking into account the accessories claimed at the filing date of the lawsuit, and (ii) matters under concurrent jurisdiction that should be processed through a commercial oral proceeding, without limitation on the amount.

3. The Civil Courts of Minor Amounts may decide commercial executive proceedings in which the principal amount claimed is less than the sum of $682,546.89 (Six hundred eighty-two thousand five hundred and forty-six pesos 89/100 MN), as provided in Articles 1339 and 1340 of the Commercial Code -amount updated in accordance with the Agreement of the Ministry of Economy published in the Official Gazette of the Federation on December 30th, 2019, and the Agreement 36-47/2019 of the Council of the Judiciary of the Judicial Power of Mexico City-, without considering the accessories claimed at the filling date of the lawsuit.

In this manner, the Judicial Council of Mexico City clarified the jurisdiction of the judicial bodies for deciding commercial matters according to the amount involved.

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Mexican tax authority proposes amending miscellaneous tax regulations to suspend certain due dates in response to COVID-19

On may 4th, 2020 the Mexican Tax Administration (SAT for its Spanish acronym) released on its website the sixth draft of the First Resolution of Amendments to the 2020 Miscellaneous Tax Resolutions, which would suspend certain due dates both for the SAT and taxpayers from May 4th, 2020 through May 29th, 2020 in response to COVID-19.

The suspension would apply to all procedures and filings before the SAT that cannot be done electronically, including administrative appeal, ongoing tax audits and petitions for permits or authorizations. The suspension would not apply to the following:

I.The filing of tax returns, notices and reports.

II.The payment of taxes, levies and proceeds.

III.Claims for tax refunds.

IV.Administrative-law enforcement actions.

V.Customs procedures.

VI.SAT assistance to taxpayers.

Consequently, taxpayers must still file their monthly tax returns and other informative returns and pay the corresponding taxes. Likewise, the SAT must promptly refund overpayments of taxes, if any.

Internal SAT deadlines would also be suspended, provided the SAT cannot conduct its procedures electronically, such as those related to compliance with anti-money laundering procedures, and the initiation and conclusion of tax audit.

If any procedure subject to suspension is performed during the suspension period, the new rules note that the action will be deemed to be made on the first business day of June 2020 (Monday, June 1st, 2020).

It is to highlight these new rules have not been published in the Official Gazette. The full text released by the SAT is available online at: https://www.sat.gob.mx/normatividad/58905/versiones-anticipadas-de-las-rmf

A careful analysis must be made to determine whether a certain due date has been suspended or not. From our point of view, a case-by-case analysis is needed.

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The federal judiciary council announces new measures for the activity of the federal courts during the days of may 6th to 31st, 2020.

Through General Agreements 8/2020 and 9/2020, the Plenary of the Federal Judiciary Council announced the measures to be observed during May 2020, adopted for restoring the activities of the courts of the Federal Judicial Power in the context of the current situation of the health contingency generated by the COVID-19 virus. These measures are the following:

  1. Processing and resolution of urgent cases.

New matters that are considered urgent may be promoted physically or through the “online trial”, using the electronic signature, which is the Certified Electronic Signature of the Federal Judicial Power (“FIREL”) or the “e.firma” (called before as “FIRMA ELECTRÓNICA AVANZADA” or “FIEL”).

Jurisdictional bodies must follow up with the matters they classified as urgent after its filing.

In case that an urgent matter is physically promoted, the judicial staff will encourage the parties to continue the process through the “online trial”, as far as possible.

  1. Resolution of cases physically processed.

The resolution of the matters that have been processed in person will be resumed only when the emission of the final judgment or resolution is pending.

  1. Processing and resolution of cases presented through “online trial”.

The process and resolution of the matters that were presented through the “online trial” before the beginning of the health contingency will be reestablished, except those that require the physical presence of the parties for the holding of hearings, relief of proceedings, or the practice of personal notifications.

  1. Suspension of deadlines and terms.

There will not be procedural deadlines and terms, no hearings or proceedings will be held, in the case of (i) requests, demands, appeals, trials, and procedures in general, other than the cases mentioned above, and (ii) the appeals against the judgments and resolutions issued in physically.

  1. Urgent Cases.

General Agreement 8/2020 contains a non-limiting list of matters that must be classified as urgent, in particular the exercise of criminal action with a detainee, requests for a search warrant and the intervention of private communications, the qualification of arrests, links to process, extradition determinations, proceeding for the determination and execution of pre-liberal benefits and those relating from the Amnesty Law, protection against determinations on alimony, protection against determinations on precautionary measures in cases of domestic violence, protection related to acts that affect the superior interests of minors, precautionary measures in bankruptcy proceedings, and declarations of the non-existence of a strike.

In general, judges must classify a matter as urgent, considering the following: (i) the human rights object of the procedure, the significance of its eventual violation, and the consequences that may arise from postponing its procedure until the conclusion of the contingency, and (ii) the possible impacts on access to economic and social rights of groups and populations in a particularly vulnerable situation, such as rights related to their health.

  1. Ordinary sessions of the Collegiate Circuit Courts.

The session lists will be published timely on the website of the Federal Judicial Council.

The sessions will be carried out without the presence of the public, remotely, by videoconference, and will be stored and protected for subsequent consultation.

The meaning and observations of each Magistrate shall be stated in a report, as well as the characteristics of the session.

The parties may consult the register of the session once the resolution has been notified.

  1. Attention to cases in criminal matters additional to urgent ones.

In matters not classified as urgent, the jurisdictional bodies must: (i) process the decisions that do not require hearings, (ii) process the decisions that require hearings that imply danger to the life or integrity of people, seeking their release through videoconference, (iii) process the matters whose processing is integrated for its resolution, and (iv) practice the procedural actions that may be decided in writing and that allow the resolution of execution files.

Examples of these cases are requests for provisional release under bond and protection in which the seizure of the real estate that constitutes the home of the complainant.

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US Manufacturers address letter to the president of México to protect supply chainsus manufacurers

Several U.S. companies, members of the National Association of Manufacturers, dedicated to the manufacturing of different supplies in Mexico addressed a letter to President Andrés Manuel López Obrador on April 22, 2020, in which they expressed their concern in connection to the latest decrees that have been issued by the Ministry of Health and state governments that have resulted in the inability of such companies to operate their essential manufacturing facilities, as well as those of their suppliers. This, in detriment to their ability to deliver essential supplies (such as the resources required by health professionals, among others, to deal with the COVID-19 pandemic), both for Mexican citizens and for the inhabitants of the rest of North America.

In this regard, the letter urges Mexico to recognize and standardize the criteria to determine if a manufacturer can be considered essential and critical, pursuant to the guidelines issued by the U.S. Department of Homeland Security’s Cyber Security and Infrastructure Agency (CISA), to the maximum extent possible. This would ensure the continuity of operations for producers of essential supplies, while reducing the disruption to the manufacturing supply chain of the production industry in North America.

Finally, the companies ensure their commitment to the safety and health of their employees, and in general, of the Mexican community, and have therefore implemented practices such as distancing and the use of protective equipment.

In Acedo Santamarina we continue advising our clients on their cross-border operations as well as in the adoption of the necessary measure to address the health emergency caused by the COVID-19 virus.

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Extension of the term to file the assets and interests’ declaration for public servants

The Ministry of Public Function (“MPF”) issued an Agreement published in the Federal Official Gazette on April 22, 2020 (the “Agreement”), by which the deadlines provided in article 33 of the General Law of Administrative Responsibilities (“GLAR”) are extended, in order to file the assets and interests’ declaration for the year 2020, due to the prevention and containment measures of the spread of the disease generated by the SARS-COV2 coronavirus (COVID-19).

Prior to the analysis of the aforementioned Agreement, it is advisable to indicate the legal basis of the obligation that public servants have to file their assets and interests’ declaration in accordance with the GLAR, as well as the deadlines in which they must be filed, as indicated in articles 32 and Fractions I, II and III of article 33 thereof, which are transcribed below:

Article 32. All the Public Servants will be obliged to file their assets and interests’ declaration, under oath and before the corresponding Ministry or their respective internal Control Body, in the terms provided in this Law. Likewise, they must present their annual tax declaration, in the terms provided by the relevant legislation.

Article 33. The assets declaration must be file d within the following terms:

  1. Initial declaration, within sixty calendar days after taking office when:
  2. Entering the public service for the first time;
  3. Re-entry to the public service after sixty calendar days from the conclusion of his last assignment;
  4. Asset declaration due to modification, during the month of May of each year, and
  • Declaration of completion of the position, within sixty calendar days following the conclusion.

Based on the foregoing, Article One of the Agreement extends the deadline for the submission of the assets and interests’ declaration in terms of section II of article 33 of the GLAR, until 31 of July 2020, for all public servants of the Federal Public Administration, including those who must file them for the first time. This, notwithstanding the measures that the health authority established to mitigate and control the health risks implied by the disease generated by the SARS-CoV2 virus (COVID-19).

Likewise, the Second Article of the Agreement establishes that the assets and interests’ declarations in its “initial” and “conclusion” modalities, in the Federal Public Administration, will continue to be filed within the terms established in article 33, sections I and III of the GLAR, and thus, it is worth considering that will resume upon the conclusion of the suspension of activities under the jurisdiction of the MPF (this is, from March 23 to April 17, 2020), considering the current suspension of MPF activities in term of certain agreement dated March 27, 2020.

From the foregoing, we can conclude that public servants are obliged to file their initial assets and interests’ declarations within sixty days after taking office; considering the current suspension of activities and terms that will resume on April 18, 2020.

Regarding the declaration of patrimonial modification, the public servants who are obliged to file it, including those who must present it for the first time, must do so no later than July 31, 2020.

Regarding the Declaration of completion of the commission, the public servants who are obliged to file it within sixty calendar days following the conclusion; resuming the computation of said term on April 18, 2020, date in which the MPF, will resume the computation of its terms and terms.

The lack of presentation of the assets and interests’ declaration by the public servants is considered a non-serious administrative fault, in terms of the provisions of article 49 section IV of the GLAR, and may imply some of the following sanctions, by the MPF or the internal control bodies: a) Public or private warning; b) Suspension of employment, position or commission; c) Dismissal of your job, position or commission; d) Temporary disqualification to hold jobs, positions or commissions in the public service and to participate in acquisitions, leases, services or public works.

The corresponding Ministry and the internal control bodies may impose one or more of the administrative sanctions if they are compatible with each other and in accordance with the significance of the non-serious administrative offense.

The suspension of employment, position or commission that is imposed may be from one to thirty calendar days. If the temporary disqualification is imposed as a sanction, it shall not be less than three months, nor may it exceed one year.

Taking into account that the matter of responsibility of public servants is concurrent, it would be necessary to analyze the legislation of each federative entity with respect to the presentation of the declaration of patrimonial situation and interests of local public servants, in order to determine if there are provisions other than the aforementioned, for the purposes of fulfilling said obligation.

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