Mexican Secretary of Health Publishes Order on COVID-19 Restrictions

On March 31, 2020, the Mexican Secretary of Health published an Order in the Diario Oficial de la Federación (DOF) (the Order) listing certain extraordinary actions the Mexican government will be enforcing to implement the Sanitary Emergency the country declared on March 30, 2020 to curb the spread of the COVID-19 virus.

The Order is similar in many ways to the statewide “shelter in place” and “stay at home” orders we have seen in the U.S. in that they restrict activities related to public, private and social sectors. According to the Order, all nonessential businesses will be required to cease operations effective immediately, through April 30, 2020. This can include businesses in special sectors of the economy, such as IMMEX manufacturing facilities.

Under the Order, certain activities are designated as essential, including those businesses operating in the healthcare, food, transportation, financial and telecommunication sectors, among several others. Additionally, the order more broadly applies to those entities that are necessary for the conservation, maintenance and repair of infrastructure that provides services, such as water, power, gas, oil, gasoline, kerosene, sanitation and public transport, among others. Importantly, the order also deems essential those businesses who, by virtue of suspending business operations, risk being unable to continue operating in the future.

The Order does not provide any process for certifying as an essential business. Instead, until further guidance is issued, companies are responsible for assessing their own operations and self-classifying as essential or nonessential.

As in the United States, Mexican state and municipal governments have begun announcing their own restrictions, including enforcement measures taken by local authorities in the interest of public health. These local restrictions should be considered in concert with the federal restrictions.

As with most other countries, the implementation of restrictions related to the spread of COVID-19 is an evolving process in Mexico. Faegre Drinker will continue to monitor government pronouncements and provide updates as official actions are taken.

For further information, please contact Nicolas Guzman or any other member of the Customs and International Trade Team.

As the number of cases around the world grows, Faegre Drinker’s Coronavirus Resource Center is available to help you understand and assess the legal, regulatory and commercial implications of COVID-19.