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Introduction

As we mentioned in part three of the document "ESG in the Mexican Mining Industry", climate change and energy efficiency issues, now more than ever, play a very relevant role in the industry. This is because in the mining sector, most of the greenhouse gas ("GHG") emissions are directly related to energy consumption. GHG emissions are mainly produced by the burning of fossil fuels to supply electricity to the mines, as well as to power equipment and vehicles for the extraction and processing of minerals and metals. This intensive energy consumption is expected to increase exponentially in the coming years.

We inform you that on May 9, 2023, the Ministry of Health published in the Official Gazette of the Federation (“DOF”) the decree by means of which the Ministry declares the termination of the extraordinary general health action intended to prevent, control and mitigate the disease caused by the SARS-CoV-2 virus (Covid-19) (the “Decree”), which entered into force on the day following its publication.

On March 28, 2023, a bill of the Federal Executive Branch was submitted to Congress aiming to reform provisions of the Mining Law, National Water Law, General Ecological Balance and Environmental Protection Law, and the General Law for the Prevention and Integral Management of Wastes, which if passed as drafted will substantially impact how mining activities are carried out in Mexico (the “Bill Initiative”).

On February 28, 2023, “Resolution No. A/004/2023 of the Energy Regulatory Commission (“CRE”), resuming legal deadlines and terms in an orderly and staggered manner, which modifies Resolution A/001/2021 establishing the suspension of legal deadlines and terms, as a measure to prevent and combat the spread of the coronavirus COVID-19” (the “Resolution”), was published in the Federal Official Gazette (“DOF”), thereby establishing that the deadlines and legal terms regarding the acts and procedures before the CRE that were suspended will resume as of March 1, 2023.

Dear clients and friends:

We are pleased to share with you that Von Wobeser y Sierra has been recognized by Chambers and Partners Global 2023 in the following practices:

Dear clients and friends:

We inform you that on February 3, 2023, the Ministry of Labor and Social Welfare ("STPS") published in the Federal Official Gazette the Resolution modifying the guidelines of the general provisions for the registration of indi­viduals or legal entities that provide specialized services or execute special­ized works referred to in article 15 of the Federal Labor Law (the "Resolu­tion").

Dear clients and friends:

Recently, the Amendment to the Regu­lations of the General Law for Tobacco Control came into effect.

We are delighted to share the chapter that our partners Adrián Magallanes and Diego Sierra, together with our associate Rodrigo Barradas, contributed for the Chambers Litigation 2023 Guide.

We are proud to announce that, for the 11th consecutive year, Von Wobeser y Sierra, S.C., has been recognized as a "Pro bono Leading Light 2022" by Latin Lawyer and The Cyrus R. Vance Center for International Justice.

Deadline to file legacy claims under NAFTA’s sunset period approaches. Investors must evaluate their options quickly

Today, the National Statistics and Geography Institute (INEGI for its initials in Spanish) published in the Official Federal Gazette the indexing of the values (daily, monthly and annual) of the Unit of Measurement and Indexing (UMA for its initials in Spanish), which will enter into force as of February 1st, 2023. Therefore, the new values of the UMA will be the following:

Today the resolution of the Board of Representatives of the National Minimum Wage Commission (CONASAMI) that establishes the general minimum and professional wages that will be in force beginning on January 1, 2023, was published in the Official Federal Gazette.

Dear clients and friends:

On the past October 5th, 2022, the Eu­ropean Council published the agreed text of the Markets in Crypto-Assets (MiCA) Regulation, which aims to regulate crypto-assets related activities carried on in the EU. MiCA provides rules for several areas including transparency, disclosure, supervision and protection in the offering, is­suance, trading and marketing of crypto-assets. MiCA also includes pro­visions for consumer protection, mon­ey laundering, accountability of crypto-assets service providers, market abuse, change in control regimes, ESG, and administrative measures and penalties.

On October 10, 2022, the new “Guidelines for the healthy continuity of economic activities in the face of Covid-19” were published by the New Normality Committee, composed of the Secretaries of Health, Economy, Labor and Social Welfare and the Mexican Social Security Institute.

On September 8, the Ministry of Finance delivered the economic package for Fiscal Year 2023 to the Chamber of Deputies. The package contains the Proposed Federal Expenditure Budget for 2023, and the Draft for its Decree, as well as the Bills for the Federal Revenue Act for Fiscal Year 2023, the Draft for the Decree of the Federal Fees Act, and the Draft for the Decree Adding Various Provisions to the Federal Budget and Fiscal Responsibility Act (“Economic Package”).

In May 2000, the Mexican Bankruptcy Law [Ley de Concursos Mercantiles] was enacted. This Law created a new legal regime to deal with the insolvency of traders – individuals and corporations – in Mexico, and allows for restructuring in an organized, informed and more agile manner compared to the old system. The Law also provides that, in the event that the restructuring is not achieved, it is possible to close the company by means of a procedure that allows obtaining the highest value of the company or its assets.

Last Tuesday, August 23, 2022, a decree (the “Decree”), issued by the Ministry of Energy (“SENER”) creating the new Decentralized Public Body called “Lithium for Mexico” (“LitioMx”) was published in the Federal Official Gazette, which will have the authority to perform activities of exploration, exploitation, profiting and utilization of lithium in our country, as well as the administration and control of the value chain of such mineral.

The Draft Official Mexican Standard on Home Office was published in the Federal Official Gazette on July 15, 2022, which contemplates the safety and health conditions for home office and establishes a period of 60 calendar days for interested parties to submit comments and suggestions to the National Advisory Committee for Standardization of Work Safety and Health and to make any changes and additions necessary to publish the final version.

The General Resolution issued by the Water Commission (“CONAGUA”), to initiate a state of emergency due to severe, extreme or exceptional droughts in water basins for the year 2022, entered into force on July 13, 2022 (“2022 Drought Resolution”).

Today the Decree modifying the entrance into force of the labor justice, union freedom and collective bargaining reform of 2019 in the last states of the country was published in the Official Gazette of the Federation.