In our last post regarding essential activities that will be allowed during Mexico’s Covid-19 health emergency period (3/30 – 4/30/2020) we mentioned that some of the essential activities were not so clear as established in the 3/31/2020 Ministry of Health Resolution and were longing for an explanation.

Well, the Ministry of Health has made efforts to clear some of them out under a new resolution published on 4/6/2020 in the Federal Official Gazette (the main official government publication in Mexico). From my perspective, it is still not very clear and makes me wonder whether all of these activities comprehend their suppliers. I would think they should.

(UPDATE: On 4/8/2020, essential activities under the category of  infrastructure, transportation, port operation and communications have been described in more detail by the Ministry of Communications and Transportation)

Activities that may continue to operate.

In addition to the ones already referred to in our last post, the below may continue to operate.

1. Steel, concrete and glass production companies.
2. Information technology services that guarantee the continuity of computer systems in the public, private and social sectors.
3. Courier Services, which will include e-commerce companies and platforms

The category of “Companies whose suspension may have irreversible effect on their operation” – which we mentioned could leave room for interpretation – is now limited to the first two above.

As such, all other activities that we could have incorporated under this category should be excluded.

Activities that must continue to operate: those related to contracts with the federal government.

1. Steel, concrete and glass production companies that have contracts with the federal government must continue to operate in order to fulfill short-term obligations exclusively for these projects: Dos Bocas, Tren Maya, Aeropuerto Felipe Ángeles, Corredor Transísmico; as well as those contracts that are indispensable for Petróleos Mexicanos and Comisión Federal de Electricidad.
2. Coal mines must continue and maintain a minimum activity that would allow CFE’s supply demand and email the Ministry of Economy the below info.
3. Coal distributors must continue transportation and logistics activities in order to satisfy CFE’s supply demand. Must employ a minimum number of employees.

Can the above companies continue to operate as usual?

No. They all must follow the health guidelines.

A minimum activity (i.e., as limited as necessary) must be maintained by the steel, concrete and glass production companies.

Within the following 24 hours (due today, 4/7/2020), the above companies must send an email to the Ministry of Economy (SE) with the information below:

1. Company’s name
2. Name of the company’s legal representative
3. Tax Identification Number (RFC)
4. Contact telephone number
5. E-mail
6. Location
7. Contract Number and Name of Project (for federal government suppliers)
8. Number of employees hired in regular conditions
9. Number of employees needed to continue activities during the health emergency

Make sure to check back for updates as there will be more resolutions related to the present in the following days.

CAVEAT: do not make a decision based on the above content. This post is not legal advice but an overview of the abovementioned subjects.