Mexican Health Ministry Technical Guidelines for Essential Activities: Prompt Action Required

On Monday, April 6, 2020, at 19:00 hours CST, the Mexican Minister of Health published a set of guidelines on how to interpret the agreement that provides the technical guidelines related to the activities described in paragraphs c) and e) of Section II of Article First of the Agreement establishing extraordinary actions to attend to the health emergency generated by the SARS-CoV2 virus published on March 31, 2020 (the “Revised Executive Order”), when dealing with essential activities which interruption may cause irreversible effects for its later continuation, as well as for those activities needed to preserve, maintain and repair the critical infrastructure that ensures the production and distribution of essential services related to the electricity.

These guidelines set forth that steel, cement, and glass production activities, as well as those IT services required to guaranty continuity of information systems for the public, private and social sectors, shall be deemed essential activities under the Revised Executive Order. 

Carbon mines, as well as carbon distribution companies, are also deemed essential for the electricity sector, to the extent that their activity is kept at a minimum to satisfy its supply to the Federal Electricity Commission.

In addition, e-commerce companies and platforms are deemed courier services for purposes of the Revised Executive Order; therefore, deemed essential activities as well. 

In order to ensure the continuity of their operations in accordance with these guidelines, coal mines, steel, cement and glass production companies, as well as those providing IT services required to guaranty continuity of information systems for the public, private and social sectors, shall e-mail the Ministry of Economy at [email protected] within 24 hours following publication of these guidelines, providing the following information: (i) Name of the company; (ii) Name of legal representative; (iii) Taxpayer ID number; (iv) Contact phone number; (v) Contact e-mail; (vi) Location/Address; (vii) Number of employees hired under normal conditions; and (viii) Number of employees during the sanitary emergency.

It should be noted that neither e-commerce companies and platforms, nor coal distribution companies, are required to e-mail the Ministry of Economy as explained above.

In addition, only those steel, cement, and glass production companies that have current contracts with the federal government related to Dos Bocas (refinery), Tren Maya (Mayan railroad project), Airport (exclusively Felipe Angeles Airport) and Transisthmian Corridor, or whose contracts are deemed by Pemex or by the Mexican Electricity Commission as indispensable, shall be entitled to keep their activity to a level that enables them to meet their short-term contractual commitments.

Finally, as provided under the Revised Executive Order, social distancing principles shall be applicable in all places, precincts, and compounds where essential activities are performed. 

More clarity needs to be shed on whether these guidelines preclude other activities to be construed as essential. We will continue monitoring and providing updates as the information continues to flow.

For more information, please contact your Foley relationship partner. For additional web-based resources available to assist you in monitoring the spread of the coronavirus on a global basis, you may wish to visit the websites of the CDC and the World Health Organization. 

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