Legal Updates Articles


January 17, 2022

Mexico to Require Visas for Venezuela Nationals Seeking Entry

By Floriberto Morales

On January 7, 2022, the Decree establishing a visa requirement for Venezuelan nationals with regular passports entering Mexico without work authorization (the “Decree”) was published in the Official Journal of the Federation. The Decree will enter into force on January 22, 2022. Beginning on such date, Venezuelan nationals who seek entry to Mexico as visitors, without work authorization, will be required to file an application for a visa in accordance with the terms set forth in the General Rules for visa issuance issued by the Mexican Departments of Governance and State and Foreign Relations, published in the Official Journal of the Federation on October 10, 2014. The determination of the Mexican government to require visas for Venezuelan nationals derives from … read more


December 2, 2021

Non-Citizens and Various Types of U.S. Residence

By Marissa Sandoval Rodriguez

Non-U.S. citizens may be surprised to find out that they can unwittingly become U.S. residents for tax purposes, without the benefits of becoming a U.S. resident for immigration purposes. Such non-U.S. citizens are often surprised to learn that at least three different types of “residence” exist under U.S. law: i) for immigration purposes, ii) for income tax purposes, and iii) for estate and gift tax purposes. Obtaining a U.S. Permanent Resident Card, otherwise known as a Green Card, enables an immigrant to live and work permanently in the United States and to be protected by all of its laws. People seek Green Cards for various reasons, including as a steppingstone to obtaining U.S. citizenship, because they do not want to … read more


November 5, 2021

The Evidentiary Value of Electronic Signatures and E-Mails Used in Trial

By Eduardo Parroquín

In 2012, Mexico City’s Fourth Civil Court of Appeals issued the following Decision entitled “DOCUMENTS AND ELECTRONIC MAIL. THEIR EVIDENTIARY WEIGHT IN COMMERCIAL LAW.” This holding set forth the level of security and reliability given under Mexican law to electronic signatures and emails offered as evidence at trial, therefore establishing the probative value of each. Such holding provides that an advance electronic signature shall prevail over a simple electronic or digital signature because the requirements of an advance electronic signature make it more reliable than the latter. An e-mail containing an advance electronic signature which is offered as evidence at trial will have the same probative value as a physically signed document. On the contrary, if the document was not … read more


November 1, 2021

Mexico City Approves the Use of Electronic Media for Civil Matters

By Jorge Sánchez Cubillo

As a consequence of social distancing triggered by the COVID-19 pandemic, several articles of the Civil Code and of the Notarial Law of Mexico City were amended by means of a decree published in the Official Gazette of Mexico City on August 4, 2021, for purposes of implementing the use of electronic media primarily with respect to the following legal acts: Bequests of digital goods or rights. A last will and testament may include a bequest of digital goods or rights with respect to any electronic media, for example: domains and websites, applications, electronic information files, videos and images, usernames and passwords for bank accounts, or values used or owned by the testator. Additionally, a testator may designate a special … read more


September 21, 2021

México and the U.S. Relaunch High-Level Economic Dialogue

By Iván Castañeda

On September 9, high level representatives from Mexico and the United States, including Vice President Kamala Harris, several Department Heads and Ambassadors, relaunched High-Level Economic Dialogue (“HLED”), a dialogue mechanism implemented in 2013 during the administrations of Presidents Enrique Peña Nieto and Barack Obama. Attendees of the HLED discussed several important topics for both nations, including labor, immigration, automotive, energy and compliance with the USMCA. The relaunched HLED will focus on four central pillars: Joint reconstruction. The purpose of this pillar is to strengthen existing and new supply chains and facilitate trade and infrastructure development in order to mitigate supply chain disruptions. Promoting sustainable economic and social development in southern Mexico and Central America. Both nations will identify opportunities to … read more


August 12, 2021

Mexico Repeals Rule 5.2.5. from 2020 General Foreign Trade Rules

By Enrique Hill

The Fifth Resolution Amending Mexico’s 2020 General Foreign Trade Rules (the “Resolution”) was published in the Official Journal of the Federation on May 27, 2021.  Among other amendments, it repeals rule 5.2.5. Rule 5.2.5. allowed a sale of temporarily imported goods to be considered as a sale that occurred abroad between a foreign seller and a Mexican IMMEX entity buyer.  This meant that such sales would not be subject to the Value Added Tax Law. In essence, rule 5.2.5. established a legal fiction whereby such sales were considered to have occurred abroad, even if the subject goods were physically located within Mexican territory. In accordance with the Resolution’s First Transitory Article, the repeal entered into force 30 days following publication … read more


June 25, 2021

Powers of Attorney Granted Abroad by Entities-Intellectual Property

By Adrián Salgado

Recently, the Second Chamber of Mexico’s National Supreme Court of Justice published the case decision, which is a precedent by contradiction, under number PC.I.A. J/170 A (10a.), which decision is titled: “Powers of attorney granted by entities abroad. Interpretation of Article 181, Section IV, of the Industrial Property Law (in force as of November 4, 2020).” In such binding precedent, all members of the Administrative Court for the First Circuit held that from a historic, systematic and harmonious interpretation of article 181, section IV of the aforementioned Law, it is not enough that a power of attorney abroad is granted pursuant to the applicable laws of the place where is granted, or pursuant to international treaties, but also that “it … read more


May 18, 2021

Ten Important Points for Mexican Investors in the U.S. to Consider

By Robert M. Barnett and Natalie Cerón

The U.S. business environment offers a favorable climate for foreign companies and individuals seeking to achieve positive results for their trade and investment activities. When assessing potential business opportunities in the U.S., it is essential for such foreign parties to carefully prepare a detailed plan which takes into consideration prevailing U.S. legal, tax and cultural aspects.  The points described in this article summarize some of the most important topics that foreign businesses and investors should understand before doing business in the U.S. Experience has shown that successful projects require foreign businesses to assemble a team of legal, financial and tax advisers who are able to advise the business as it undertakes a particular trade or investment project in the state … read more


March 26, 2021

Mexico Makes Changes to Its Federal Judiciary

By Jorge Sánchez Cubillo and Eduardo Parroquín

A Decree published in the Official Journal of the Federation on March 11, 2021 amends and adds several provisions to the Mexican Constitution regarding the structure, functions and organization of the Mexican Federal Judiciary, as well as to the rules for handling certain constitutional cases. Such amendments were proposed by the Chief Justice of the National Supreme Court of Justice (“SCJN”) and presented to Congress by the Mexican President. The following are the most relevant amendments: 1.         Collegiate Courts of Appeal to Replace the Unitary Circuit Courts. Under the new system, federal appellate courts (tribunales unitarios de circuito) will go from one presiding Magistrate to three Magistrates, each retaining their existing constitutional authority. 2.         Regional Board Courts to Replace Circuit … read more


March 26, 2021

Mexico Makes Changes to Its Federal Judiciary

A Decree published in the Official Journal of the Federation on March 11, 2021 amends and adds several provisions to the Mexican Constitution regarding the structure, functions and organization of the Mexican Federal Judiciary, as well as to the rules for handling certain constitutional cases. Such amendments were proposed by the Chief Justice of the National Supreme Court of Justice (“SCJN”) and presented to Congress by the Mexican President. The following are the most relevant amendments: 1.         Collegiate Courts of Appeal to Replace the Unitary Circuit Courts. Under the new system, federal appellate courts (tribunales unitarios de circuito) will go from one presiding Magistrate to three Magistrates, each retaining their existing constitutional authority. 2.         Regional Board Courts to Replace Circuit … read more