News

Informative Note – Changes in the organic structure of the SCT.

On November 2, 2020, the Ministry of Communications and Transportation (hereinafter, the “Ministry” or “SCT”) published in the Federal Official Gazette (hereinafter, “DOF”) a Delegation Agreement by which some powers in matters of communications and technological development, as well as in matters of the railway and multimodal development competence of the ex- Undersecretariat of Communications and Technological Development were delegated to the heads of the Undersecretariat of Transportation and Infrastructure (hereinafter, the “Agreement”).

The above responds to the presidential decree published in the DOF on April 23, 2020, through which some austerity measures were established and that must be observed by the agencies and entities of the Federal Public Administration, which include, among others, the order to cancel ten undersecretaries of State (hereinafter, the “Decree”).

As a result of the Decree, on August 10, 2020, the Ministry issued the COMMUNICATION-181-2020 through which it was reported the administrative restructuring and elimination of the Undersecretary of Communications and Technological Development, which was in charge of Ing. Salma Jalife Villalón. This measure foresaw the permanence of the ex-undersecretary within the SCT so that she could continue with the projects she was carrying out. However, at the beginning of September of this year, various media announced the resignation of Ing. Jalife from the Secretariat, information that has not been officially confirmed by the SCT to date.

Therefore, the Agreement seeks to materialize the restructuring proposed by the SCT by delegating the exercise of the powers provided in the Federal Telecommunications and Broadcasting Law and other applicable administrative provisions in matters of communications and technological development to the Head of the Undersecretariat of Transportation. In addition, the exercise of the powers provided in the Regulatory Law of the Railway Service and other applicable administrative provisions to the Head of the Undersecretariat of Infrastructure, is delegated.

Likewise, in its attempt to organize the legal sphere applicable to the Ministry, on August 27, 2020, was presented to the National Commission for Regulatory Improvement the Draft of the Internal Regulations of the Ministry of Communications and Transportation. In general terms, the proposal presented defines the competence of public servants, administrative units, decentralized administrative bodies, and coordination with the new organic structure, without creating new obligations or sanctions or restricting any right for individuals.

However, even though the Regulations were approved by the National Commissioner in September of this year, it has not been published in the DOF.

We will continue to inform you about the publication of the Regulation and any modification derived from these changes.

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Extension to file annual income tax return

According to Article 150 of the Mexican Income Tax Law all residents receiving income during the calendar year are required to file an annual tax return no later than April 30th, of the succeeding year.

However, due to the evolving COVID-19 outbreak in Mexico many business associations, professionals and the international community requested to the Federal Government tax measures in order to mitigate the financial impact of the pandemic.

Therefore, on April 22nd, 2020, the Mexican tax authority (“Servicio de Administración Tributaria”) published on its internet site the fourth advance version of the First Resolution on Amendments to the Fiscal Miscellaneous Resolution, in which rule 13.2. was incorporated, allowing individuals to file their 2019 annual tax return no later than June 30th, 2020.

This measure aims to facilitate tax collection and encourage taxpayers to complete via online these proceedings.  At the moment of the elaboration of this report, the rule at hand has not been published on the Federal Official Gazette.

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Modification of the Agreement that establishes extraordinary actions to address the health emergency generated by the SARS- CoV2 virus (COVID-19)

On April 21, 2020, the “Agreement modifying the similar one that establishes extraordinary actions to address the health emergency generated by the SARS- CoV2 virus, published on March 31, 2020” was published in the Federal Official Gazette (the “New Agreement”).

The Agreement of March 31 (the “First Agreement”) ordered the immediate suspension of non-essential activities from March 30 to April 30, 2020, in order to reduce the spread of the virus in the community. In this sense, the Agreement published on April 21, 2020, by means of an amendment to section I of Article One of the First Agreement, extends the “Jornada Nacional de Sana Distancia” from March 30 to May 30, 2020, the period in which non-essential activities will remain suspended.

Likewise, Article Three was added to the First Agreement, which states that extraordinary actions to address the health emergency generated by the COVID-19 virus will cease on May 18, 2020 in municipalities where there’s low or nonexistent transmission of the virus at such date. The Federal Health Ministry will define the criteria to evaluate the intensity of the transmission of the COVID-19 virus. In addition, such Ministry will indicate the guidelines for the reduction of mobility in municipalities with a different degree of propagation. Regardless of the intensity of transmission in each municipality, the measure to protect people within the risk groups will be maintained.

Further on, a Fourth Article was added, which establishes that the Federal Health Ministry will adapt the epidemiological surveillance system, and other information systems, as it considers necessary to achieve surveillance of the demand and availability of hospital services at the second and third levels of medical care, as well as of patients who are seriously ill due to the COVID-19 virus.

Likewise, Article Five was added, which mentions that local governments should (i) keep updated the daily report of occupation, availability and care for Severe Acute Respiratory Infection (IRAG, as per its Spanish abbreviation) and any other report that the Federal Health Ministry may indicate, (ii) implement prevention and control measures according to the general criteria issued by the Ministry, and in accordance with the magnitude of the epidemic, (iii) establish and implement mechanisms leading to the reduction of mobility of inhabitants between municipalities with different levels of spread, according to the criteria established by the Ministry of Health, to achieve this end, the Federal Public Administration agencies may assist the state, and (iv) within the scope of their competence, guarantee the implementation of these measures, and inform the Health Ministry of their follow-up, with the periodicity established by the Ministry.

Finally, the local governments, in their capacity as health authorities, and the members of the National Health System that provide health services in each state, must execute and supervise the plans for hospital conversion and expansion to guarantee health care for the population for COVID-19 disease, as well as for any other need for care, as indicated in Article Six, which was also added.

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The legislative failure in the matter of Quotidian Justice

On September 15th 2017, a decree was published in the Official Gazette of the Federation, reforming and adding articles 16, 17 and 73 of the Political Constitution of the United Mexican States, in the matter of Quotidian Justice. Essentially, the above mentioned constitutional reform consisted of (i) the obligation of the authorities to solve the disputes in a manner that procedural formalities do not hinder them to render a final judgment on the merits of each case (articles 16 and 17), and (ii) the powers of the Congress of the Union to enact a sole law in matters of civil and family procedure (article 73).

The transitory articles of the constitutional reform provide that the Congress of the Union shall issue the sole law mentioned above within a term of one hundred eighty days following the date of publication of the said decree, and in the same term, the amendments to articles 16 and 17 of the Political Constitution of the United Mexican States, must be incorporated in the general, federal and local legislation.

Notwithstanding that the one hundred eighty day term foreseen in the decree elapsed several months ago, neither the Congress of the Union nor the state legislatures have complied with the constitutional mandate.

The failure of the federal and local legislative bodies of the Mexican State, breaches the fundamental right of the persons to effective legal protection, and unreasonably allows that the current delay of the courts continues, thereby perpetuating the sense of impunity

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