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July 2008 - Bulletin from Glenn McBride at
www.mexicanlaws.com
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Glenn McBride -
The last few months have seen a lot of changes in Mexican laws,
regulations and standards - in Health and Safety,
Environment, Education,
Customs, labeling, etc. I have updated all documents on the web site and
added a number of new translations.
Personal Note:
After 5 years of study, I completed a Degree in Mexican Law from
the Universidad Iberoamericana in June of 2008. I will be offering some
new services in the next few months - I thank everyone for their
support.
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NEW
HEALTH AND SAFETY
STANDARDS
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Since April 2008,
four Projects of new Health and Safety Standards (NOM-STPS) have been published for
the obligatory 60 day period for comments from the public - once the
period is over the Standards will be modified according to the
suggestions and recommendations - and the new NOM will be published in
the DOF and the old standard will be cancelled. I have translated the
Project NOM-017-STPS-2007, Personal Protective Equipment - Subscribers
to the Deluxe or Health and Safety Package can download it and we will
help you make a comment or recommendation.
The 4 projects are as follows -
look for the new standards in the next couple of months:
PROJECT OF MODIFICATION OF THE Official Mexican Standard
NOM-025-STPS-1999, Conditions of illumination in the work
place, to remain as PROY-NOM-025-STPS-2005,
Conditions of Illumination in the Work Place.
Published in the Official Daily of the Federation June 5, 2008.
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NEW
ENVIRONMENT
CHANGES AND NEW
TRANSLATIONS
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LGEEPA
- The General Law of Ecological Equilibrium and
Protection of the Environment. This is the most important Environmental
law on which 7 of the regulations are based. This is the law that
establishes Federal, State and Municipal jurisdiction and details the
responsibilities of each. The recent changes have shifted some of the
responsibility for enforcing and legislating natural protected areas to
State jurisdiction. These changes were published in the DOF on May 16,
2008 - the translation of this law has been updated to reflect these
changes.
There have been 12
reforms to the LGEEPA since I first started making available the
translation of this Law. I decided it was time to do a complete editing
of the Law. I also have added notes to each article stipulating when it
was reformed or added. I think the new version is much more readable and
understandable. For more info...
LGEEPA REFORMS
-May 16, 2008
NOM-147-SEMARNAT/SSA1-2004,
that establishes the criteria to determine
the concentrations of remediation of soil contaminated by arsenic, barium,
beryllium, cadmium, chrome hexavalente, mercury, nickel,
silver, lead, selenium, thallium, and/or vanadium.
This Standard was in
Project for 3 years and was finally Published in the DOF on Feb 03, 2007
and became effective Feb 05, 2007. This is a large and complex standard.
Other new Environmental
standards translated include:
NOM-008-CNA-1998, Shower mixtures
employed in physical cleansing – Specifications and testing methods.
(published in the DOF June 25, 2001 – took
effect Dec. 25, 2001)
NOM-005-SEMARNAT-1997
that establishes the procedures, criteria and
specifications for carrying out the best utilization, transportation and
storage of bark, stems and complete forest vegetation plants.
(Originally publishes as
NOM-005-RECNAT-1997 but as of April 23, 2003 – ECOL and RECNAT in the
names of environmental standards are changed to SEMARNAT)
N0M-006-SEMARNAT-1997
which
establishes the procedures, criteria and specifications for the
utilization, transportation and storage of palm leaves.
(Originally
named NOM-006-RECNAT-1997 but as of April 23, 2003 – ECOL and RECNAT in
the names of environmental standards are changed to SEMARNAT)
ENVIRONMENTAL FEDERAL,
STATE OR MUNICIPAL JURISDICTION?
I receive so many
questions about environmental jurisdiction that I decided to describe
the jurisdiction that applies to each.
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Updated
Customs Package
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UPDATED
CUSTOMS PACKAGE -
included in the Customs Package
INMEX
MAQUILADORA DECREE
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This Decree
originally was published Nov 1, 2006 was reformed
May 16, 2008
- Reforms are marked in red in the new document, and the
Reform Decree is included in its entirety at the end of the
Main Decree.
(This decree cancels PITEX and
simplifies Maquila programs)
DECREE by which are granted administrative
simplification in Customs and Foreign Commerce matters.
(published in the Official Daily of the Federation March
31, 2008)
THE CUSTOMS LAW- La Ley Aduanera
(Changes published may 2008) I decided to
edit the entire Customs Law when I updated it this time. I have added
notes on the articles to indicate when they have been reformed or added.
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Labeling |
NOM-015-SCFI-2007, Commercial Information –
Labeling for Toys. (Published in
the Official Daily of the Federation on April 17, 2008 – effective
January 15, 2009) If you manufacture or
import toys, you need to update your labels before January 2009.
NOM-030-SCFI-2006,
Commercial Information – Declaration of
quantity on the label – Specifications. Very important labeling
standard.
Published in the Official Daily of
the Federation on Nov. 6, 2006 – Effective date Jan. 06, 2007.
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Taxes |
Law of the Tax on Cash Deposits
(published in the DOF Oct. 1, 2007 – became effective July 1, 2008)
This is the new tax on cash deposits:
Important highlights of this new Law.
1. Up to 25,000 pesos
deposited in a month in accounts in the same bank are exempt.
2. The amount above is
for each bank or financial institution where you have an account.
3. Checks, electronic
transfers or wires are exempt.
4. All cashier's checks
are taxed, the amount does not matter.
5. Banks that receive
the deposits must withhold the tax (2%) every month - you don't have to
make any declaration on this money.
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LAASSP |
Law of Acquisitions,
Leases, and Services for the Public Sector -
reformed June 13, 2003; July 07, 2005
- Feb. 20, 2007, July 02, 2008
Major
Reforms made July 02, 2008 which allow electronic bidding and subsequent
discount offers.
It outlines the requirements and procedures for
bidding or participating in projects for the Public Sector
If you have purchased this LAW before, contact us for
a discount for the update version.

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What are we working on?
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More environmental
translations,
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Tax laws - Income Tax
and IVA,
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Updating our Audit
Protocol in light of the new Health and Safety Standards,
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updating and adding
new translations to our
Costa Rica and El Salvador web sites.
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If you have not been to
www.mexicanlaws.com
recently, please visit us.
View our
complete list of translations
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Subscribers - if you have allowed your
subscription to lapse - now is a good time to renew. Contact us to
renew - you may qualify for a discount. Glenn McBride
Remove: To remove yourself
from our Newsletter list - email us with "REMOVE" in the subject field |
MEXICANLAWS S.A. DE C.V.
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5to Nivel
– locales 3 y 4, Tijuana, Baja California, Mexico. C.P. 22440
Tel. (664) 681-9524 - (664)
681-2552 Fax. (664) 608-9163
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