March 26, 2020 /COVID-19/ Litigation
Due to COVID-19 in Mexico, several government offices, both federal and local, have taken measures to mitigate and control health risks related to the virus, such as activities, deadlines, time limits, and proceeding cures suspension.
Bello, Gallardo, Bonequi y García, S. C. (hereinafter, “BGBG”) presents an informative table of some Federal offices of Mexico City and the State of Mexico which have suspended their activities.
I. Federal Agreements.
Office |
Agreement |
Publication |
Period |
Scope |
Supreme Court of Justice of the Nation | General Agreement 3/2020 | FOG March 18, 2020 | March 18 to April 19, 2020 |
Suspension of all jurisdictional activity, except the processing of urgent constitutional disputes which require such suspension. http://www.dof.gob.mx/nota_detalle.php?codigo=5589708&fecha=18/03/2020
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Federal Judiciary Council | General Agreement 4/2020 | FOG March 20, 2020 | March 18 to April 19, 2020 |
Work suspension in jurisdictional bodies of the Federal Judicial Power. There are no runs for procedural deadlines or time limits, hearings, or plenary sessions of the Circuit Courts. Establishment of a guard for urgent matters that will operate between 9:00 am and 3:00 pm. All non-constitutional time limits regarding the Federal Criminal Justice Center are suspended and rescheduled for April 30, 2020 http://www.dof.gob.mx/nota_detalle.php?codigo=5589993&fecha=20/03/2020
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Federal Court of Administrative Justice | Agreement SS/10/2020 | FOG March 23, 2020 | March 18 to April 19, 2020 |
Suspension of all jurisdictional activity. No procedural deadlines or time limits will run on days deemed as non-business. https://dof.gob.mx/nota_detalle.php?codigo=5590120&fecha=23/03/2020
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Federal Conciliation and Arbitration Board | Gazette 51 Bis | March 19, 2020 | March 23 to April 19, 2020 |
Suspension of scheduled hearings and diligences; no running of legal time limits in ordinary or extraordinary proceedings, except the striking procedure where only the attorney-in-fact may attend. In the Federal Conciliation and Arbitration Special Boards (Juntas Especiales de la Federal de Conciliación y Arbitraje) and the Deputy Ministry for Collective Affairs (Secretaría Auxiliar de Asuntos Colectivos), agreements may be executed with or without a trial and award compliance from 8:30 to 14:00. https://www.gob.mx/cms/uploads/attachment/file/542357/jfca20200319Bis.pdf
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National Banking and Securities Commission(CNBV) | Agreement establishing temporary and extraordinary measures and the suspension of some deadlines. Circular No. 016/2020 | FOG March 26, 2020
March 25, 2020 |
March 23 to April 19
N/A |
Suspension of deadlines corresponding to hearings, formalities, and procedures, whether ongoing, performed, or that must be performed before the CNBV, considering the obligations that must be communicated or settled before the Ministry of Finance and Public Credit (MFPC) —by CNBV— in prevention of illegal trade transactions and terrorism financing matters and the authorization request for new entities or new registries. In addition, the deadline for registering the renewal of exchange centers and money transmitters is extended, as well as the expiration for the authorizations granted by means of the Stock Market Law, Article 193. Financial Entities subject to supervision must send information via electronic means as part of their obligations https://www.dof.gob.mx/nota_detalle.php?codigo=5590567&fecha=26/03/2020
The CNBV will issue contingency support criteria that will consist of the total or partial deferral payment of capital and/or interests up to 4 months, with the possibility of an extension of 2 additional months regarding the total payable amount, including related charges. They might apply on the housing loans with mortgage security; revolving and non-revolving credits targeted to individuals such as car loans, personal loans, payroll loans, credit card, and microcredit; as well as commercial loans targeted to individuals or legal entities with commercial activities in their different modalities, including the agricultural activity. https://www.gob.mx/cms/uploads/attachment/file/543439/Comunicado_CNBV.pdf
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Mexican Institute of Industrial Property(IMPI) | Agreement suspending the deadlines and running of legal time limits in the period indicated | FOG March 24, 2020 | March 24 to April 19, 2020 |
Suspension of deadlines and running of legal time limits in IMPI due to force majeure events. Requests or promotions presented during said period will be deemed as made until the next first business day. Except when it is related to diligence to contribute to the pandemic mitigation or create provisional measures imposed within an administrative statement breach proceeding. https://www.dof.gob.mx/nota_detalle.php?codigo=5590344&fecha=24/03/2020
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National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) | Agreement suspending the deadline for computing the hearings and diligence practices | March 20, 2020 | March 23 to April 17 |
Suspension of time limits and deadlines established to address information requests and personal data protection, ARCO rights exercise and relevant challenge means, investigation and verification proceedings, penalty imposition, claims for breaching transparency obligations, appeals, and proceedings to assert jurisdiction. With option for extension. http://inicio.ifai.org.mx/AcuerdosDelPleno/ACT-EXT-PUB-20-03-2020.02.pdf
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Federal Telecommunications Institute(IFT) | Agreement under which the IFT Plenary session, due to force majeure events, suspends deadlines and time limits | FOG March 26, 2020 | March 23 to April 19 |
No running for law deadlines or time limits for formalities, proceedings, and procedures in telecommunications and economic competition matters regarding telecommunications and broadcasting sectors. Except for the following formalities to substantiate via electronic means: inscription request for public rates, electronic authorization request for end-user rates, inscription request for the Public Registry of Concessions Except for the following formalities before the Central Filing Office: request for the authorization of assignment rights for geographic or non-geographic numeration, assignment of geographic, non-geographic, or centralized numeration; request for a Final Certificate of Homologation with Background, an Extension of a Certificate of Homologation, a Provisional Homologation Certificate request, renewal; the concession for a radio beam spectrum for private use with communication necessities for embassies or diplomatic missions. Except for certain activities from the Compliance, Regulatory Policy, Administration, and General Coordination Unit of User Policy. http://www.dof.gob.mx/nota_detalle.php?codigo=5590465&fecha=26/03/2020
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Federal Consumer Protection Agency (PROFECO) | Agreement establishing the media to handle complaints and procedures, and the suspension of deadlines and time limits | March 20, 2020 | March 23 to April 20 |
Conciliation procedures: hearings might be held via telephone, or can be deferred. Complaints and claims reception: they may be made via telephone, email, or through the digital PROFECO platform. Complaints and claims attention through Conciliaexprés: guidance, counseling, and attention of complaints and claims via telephone. Handling of Procedures due to Law violations and Arbitration Procedures: suspension of procedural deadlines and time limits for substantiation Suspension of procedural deadlines and time limits on the Public Registry Handling: Adhesion Agreement, Consumer Agreement, and Brokerage Houses Agreement. Except for the exercise of the powers of surveillance and verification in prices and fees matters. http://www.dof.gob.mx/nota_detalle.php?codigo=5590066&fecha=20/03/2020
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Energy Regulatory Commission (CRE) | Agreement A/010/2020 | March 24, 2020 | March 24 to April 17 |
Suspension of the deadlines and time limits of acts and procedures substantiated by the CRE. The updates, requirements, requests, and promotions conducted will be deemed as performed until April 20, 2020. http://www.dof.gob.mx/nota_detalle.php?codigo=5590342&fecha=24/03/2020
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National Hydrocarbons Commission | Agreement establishing the suspension of deadlines and time limits | March 20, 2020 | March 23 to April 19 |
Suspension of deadlines and time limits —they are declared non-business. If a time limit for compliance with an obligation of individuals expires, the time limit will be extended until the next first business day. In case of the expiration of any time limit for the Commission to pronounce or resolve, that time limit will be extended from the first business day following its conclusion. http://www.dof.gob.mx/nota_detalle.php?codigo=5590064&fecha=20/03/2020
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Ministry of Health | Agreement establishing preventive measures. DECREE sanctioning the Agreement establishing preventive measures | FOG March 24, 2020 | March 24 to April 19, 2020 |
Preventive measures:
The measures established in the Agreement are sanctionable. https://www.dof.gob.mx/nota_detalle.php?codigo=5590339&fecha=24/03/2020 http://dof.gob.mx/nota_detalle.php?codigo=5590340&fecha=24/03/2020
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Ministry of Public Education | Agreement number 02/03/20 | FOG March 16, 2020 | March 23 to April 17 |
Applicable from March 23 to April 17, 2020, to schools at preschool, primary, secondary levels and normal school.
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II. Agreements in Mexico City
Office |
Circular |
Publication |
Period |
Scope |
Mexico City Judicial Power | Agreement 39-14/2020 | March 17, 2020 | March 18 to April 19, 2020 |
Authorization for the suspension of work and, consequently, procedural time limits. Except for jurisdictional bodies in criminal matters regarding constitutional deadlines. https://www.poderjudicialcdmx.gob.mx/wp-content/uploads/Acuerdo_39_14.pdf
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Local Conciliation and Arbitration Board in Mexico City | Labor Gazette 11095 | March 20, 2020 | March 23 to April 19, 2020 |
Suspension of Board work and, consequently, declaration of non-availability for all procedural time limits, including strike matters. A guard will be working from 9:00 to 14:00 to process settlements in and out of the scheduled trials.
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Mexico City Public Administration Head of Government | Agreement suspending time limits and deadlines | Gazette March 20, 2020 | March 23 to April 19, 2020 |
Suspension of time limits and deadlines for acts and diligence practices on administrative procedures developing before the Offices, Decentralized Bodies, Municipalities, and Public Administration Entities of Mexico City, including those of fiscal nature such as begining, confirmation, notices, subpoenas, summons, covenants, dilligences, resolutions, appeals, revocation, or any other means of defense and other actions. Except for formalities in urban development, constructions, and real state matters, as well as the necessary to grant instruments related to properties before civil-law notaries. Extension of deadlines up to April 30 to comply with tax obligations consisting in presenting statements and payments that must be made on April 2020. Extension of tax payment on Vehicle ownership (Tenencia) until April 30, 2020. https://data.consejeria.cdmx.gob.mx/portal_old/uploads/gacetas/182dba042c9d9530ccac4e8d99f81f73.pdf
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Mexico City Public Administration Head of Government | Agreement determining the temporary suspension of activities of educational establishments and centers | March 23, 2020 | March 23 to April 19, 2020 |
Temporary suspension of the following public and private establishments: commercial establishments deemed to have a neighborhood and zone impact (party halls, movie theaters, theaters, private clubs, casinos, nightclubs, discotheques, and their variables); commercial establishments with low impact, such as public and steam baths, gyms, sports centers, museums, zoos, entertainment centers with electronic and/or video games, as well as mechanic and electromechanical games, bowling alleys and billiards; and Innovation, Liberty, Art, Education, and Knowledge Centers (PILARES), Child Development Centers (CENDIS), Integral Family Development (DIF) Centers Located in Mexico City, Daycare DIF Centers in Mexico City, Childhood Attention Care and Development Centers (Centros de Atención, Cuidado y Desarrollo Infantil, CACDI), and educational centers at any level in Mexico City. Suspension of public and private activities with more than 50 people, including religious actvities. In the event of a breach of such measures, the Institute of Administrative Verification (Instituto de Verificación Administrativa, INVEA) will impose injunctive and safety measures and sanctions. https://data.consejeria.cdmx.gob.mx/portal_old/uploads/gacetas/887ed477612cfc31d077d94d4faa212f.pdf
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Administrative Justice Court of Mexico City | Agreement declaring non-business and non-working days | March 17, 2020 | March 18 to April 17 |
Declaration of non-business and non-working days; therefore, no legal time limits will run, there will be no jurisdictional acts and no guards. https://www.tjacdmx.gob.mx/index.php/inicio/1079-acuerdo_d%C3%ADas_no_laborales_covid19_tjacdmx
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III. State of Mexico Circulars
Office |
Circular |
Publication |
Period |
Scope |
State of Mexico Judicial Power | Circular No. 17/2020 | March 18, 2020 | March 20 to April 20, 2020 |
Authorization of the work suspension on jurisdictional bodies, Family Coexistence Centers, State Center for Mediation, Conciliation and Restorative Justice, and the Judicial School; and, as a consequence, the suspension of hearings, and procedural time limits and deadlines. Except for jurisdictional bodies in criminal matters regarding constitutional deadlines. https://www.poderjudicialcdmx.gob.mx/wp-content/uploads/Acuerdo_39_14.pdf
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Ministry of Labor of the State of Mexico | Agreement determining the suspension of labor activities | March 19, 2020 | March 20 to April 20, 2020 |
Suspension of work of the Labor Defense Office Local Conciliation and Arbitration Board in Mexico City. http://legislacion.edomex.gob.mx/sites/legislacion.edomex.gob.mx/files/files/pdf/gct/2020/mar192.pdf
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Administrative Justice Court of the State of Mexico | Agreement of Court Presidency | March 19, 2020 | March 20 to April 17 |
Suspension of jurisdictional and administrative activities: no procedural deadlines nor time limits will run, and there will be no hearings http://legislacion.edomex.gob.mx/sites/legislacion.edomex.gob.mx/files/files/pdf/gct/2020/mar191.pdf
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Executive Branch of the State of Mexico | Agreement determining preventive measures | March 23 | March 23 to April 19 |
Suspension of deadlines and time limits for formalities and procedures conducted before the Agencies and Auxiliare Bodies of the State of Mexico Government. http://legislacion.edomex.gob.mx/sites/legislacion.edomex.gob.mx/files/files/pdf/gct/2020/mar233.pdf
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Ministry of Health Commission for the Protection Against Health Risks in the State of Mexico | Agreement establishing preventive and safety measures in health matters | March 23, 2020 | March 23 to April 19, 2020 |
Temporary suspension of the following activities and/or commercial establishments, or gathering centers in the State of Mexico: 1. Bars, canteens, dance halls, discotheques, and video bars with dance floors, nightclubs, beer and liquor centers, raffle halls, remote gambling centers (casinos); and bar restaurants. 2. Shopping centers and plazas, billiards, movie theaters, gyms, zoos, bathhouses, public swimming pools, bowling alleys, public baths, steam baths, spas, establishments or spaces for sports or cultural activities, theaters, auditoriums, forums, palenques, massive events of political or religious nature, public events or shows, party halls and/or gardens for social events, or those of a similar classification. Except for establishments selling or delivering of food and non-alcoholic drinks, as long as it is made via home and/or on-site delivery; and other establishments such as those selling products for work, school, home, hair salons, service center, maintenances, and workshops; vets, etc. The aforementioned establishments must limit their capacity to 25%. In the event of non-compliance, the Health Authority may impose enforcement and disciplinary measures. http://legislacion.edomex.gob.mx/sites/legislacion.edomex.gob.mx/files/files/pdf/gct/2020/mar234.pdf
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