Mexico Goes Live: Clarification to Guidance as Operations Restart

15 May 2020 Blog
Authors: Roberto Arena Reyes Retana Daniel Aranda Andres Alvarez
Published To: Coronavirus Resource Center:Back to Business Manufacturing Industry Advisor Dashboard Insights

The transportation manufacturing industry (which includes automotive and aerospace), along with the mining and constructions industries, will be able to restart operations on June 1, provided that they comply with health and safety precautions to return to activities. There is consensus by industry members and their corresponding associations that operations may start as soon as health and safety measures are complied upon. However, the language of the executive order may be read in a different manner, allowing to restart operations only until June 1.

Companies may start preparing the implementation of health and safety measures as early as May 18 and those companies performing essential activities, such as the automotive and aerospace industries, will be able to start operations with no formality other than implementing health and safety measures consistent with the guidelines to be issued by the Ministry of Health, in collaboration with the Ministry of Economy, Ministry of Labor and Social Security Institute, once such measures are implemented. 

The Social Security Institute has already issued certain guidelines for the implementation of health and safety measures, which you may find here. We expect that the guidelines to be issued will not be more restrictive than those already in place at this time, but rather confirm these guidelines already in place. 

Companies will self-implement these health and safety measures in a bona fide effort to comply with the guidelines; however, the Mexican government will continue exercising its inspection authority and will be able to assess penalties, including closure of the premises, if companies do not implement such measures consistently with the guidelines.

Since the implementation of health and safety measures is based on a self-application bone fide effort, we strongly suggest implementing our risk management recommendations, which you may find here, emphasizing the notarized affidavit evidencing compliance of such measures. 

Finally, in addition to the measures mentioned above, automotive and auto parts companies exporting their products, such as maquiladoras, will need to apply the protocols required in their home countries. Thus, we suggest that these companies obtain evidence verifying that they comply with their home country protocols, such evidence being an affidavit, a legal opinion, etc. 

Foley has created a multi-disciplinary and multi-jurisdictional team to respond to COVID 19, which has prepared a wealth of topical client resources and is prepared to help our clients meet the legal and business challenges that the coronavirus outbreak is creating for stakeholders across a range of industries. Click here for Foley’s Coronavirus Resource Center to stay apprised of relevant developments, insights and resources to support your business during this challenging time. To receive this content directly in your inbox, click here and submit the form. For more information, please contact your Foley relationship partner.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services