《2025年墨西哥营商环境报告》

Doing Business in Mexico Table of Contents Foreword03 Glossary04 - Foreign investment law06- Competition law12- IMMEX or maquiladora program18- Company law27- Taxes35- International trade48- Labor law55- Environmental64- Intellectual property72- Real estate80- Compliance and anti-corruption95 Acknowledgments99 Contact details100 Foreword By: Pepe Larroque 2025 will be a remarkably interesting and challenging year for companiesall over the world, particularly in the North America region, where politicalchanges and new administrations in Mexico, the United States and Canadawill try to consolidate regional integration. The main concern is the dynamic between the incoming administrationsin Mexico and the US. The situation is still evolving, and companies needto stay alert to potential regulatory changes in both countries, whetherthey are international corporations with a presence in the region, Americancompanies operating in Mexico or Mexican companies operating in the USand Canada. The upcoming review of the United States-Mexico-Canada Agreement in2026 will be a major focus for experts in all three countries. This deal iscrucial for regional integration, and companies with operations in Mexicomust monitor it closely. A revised and strengthened deal will bring certaintyfor all involved parties. Despite these regional challenges, there are positive signs internally.The Sheinbaum administration is promoting investment through the“Plan Mexico 2030” initiative, which aims to strengthen the economyand promote regional development within Mexico. Companies operating in Mexico must keep up with regulatorydevelopments in areas such as labor, tax and customs. Complianceand strategic prevention are key for all sectors, especially in areas ofstrategic importance like energy, telecommunications and manufacturing. Mexico presents great opportunities. To seize them, companiesmust prioritize solid operational foundations. This guide serves as acomprehensive resource to understand the operational aspects andpractices in the country. José (Pepe) LarroqueMexico Managing Partner Foreign Investment Law 1.Foreign Investment Law Mexico enacted a new Foreign Investment Law (FIL) in 1993. The new FIL dramatically changed theregulatory framework for foreign investments in Mexico that had been in place since 1973. Additionalreforms have been made to the FIL, some of the most important ones being those made in 1995,1996, 1998, 1999, 2001, 2006, 2008, 2011, 2012, 2014 and 2015. 2.No restrictions on most investments As a general rule, the FIL allows foreign investors and Mexican companies controlled by foreigninvestors, without prior approval, to i.own up to 100% of the equity of Mexican companiesii.purchase fixed assets from Mexican individuals or entitiesiii.engage in new activities or produce new productsiv.open and operate establishments andv.expand or relocate existing establishments The only exceptions to that general rule are those expressly established in the FIL itself (discussedin the section “Restricted activities under the FIL” below) or, in the case of the financial sector, inthe legislation covering that sector. This new regulatory framework replaces the restrictions of theold foreign investment law, which generally limited foreign investment in Mexican companies to49% or less. 3.Restricted activities under the FIL The FIL lists certain economic activities that are i.reserved to the Mexican Stateii.reserved to Mexican nationals or Mexican companies without foreign equity participationiii.subject to quantitative foreign investment limitations andiv.subject to prior approval if the foreign investor wishes to own more than 49% of a companyengaged in those activities. a.Activities reserved to the Mexican State In compliance with the Mexican Constitution and as a reflection of historical concerns regarding privateinvestment, the FIL reserves certain strategic areas to the Mexican State. Neither Mexican nor foreigninvestors may engage in these areas of economic activity. These areas include i.exploration and extraction of petroleum and other hydrocarbonsii.planning and control of the national electricity system, as well as the public service of transmissionand distribution of electricityiii.nuclear energy generationiv.radioactive mineralsv.telegraphsvi.radio telegraphyvii.mail serviceviii.issuance of moneyix.control, supervision and security of ports, airports and heliportsx.certain others expressly indicated under the corresponding legislation Points (i) and (ii) will be carried out in accordance with the Mexican Constitution and the regulations onelectricity. b.Activities reserved to Mexican investors The activities that the FIL reserves to Mexican nationals and to Mexican companies without foreign equityparticipation include i.domestic land transportation of passengers, tourism and cargo, excluding messenger andcourier services ii.development banksiii.professional and technical services reserved t