Essential Activities Outlined by the Mexican Ministry of Communications and Transportation
The Mexican Minister of Communications and Transportation published today a comprehensive list of activities that are deemed “essential activities” under the Agreement establishing extraordinary actions to attend to the health emergency generated by the SARS-CoV2 virus,” published on March 31, 2020 (the “Revised Executive Order”).
Social distancing and sanitary measures provided under the Revised Executive Order remain applicable in all places, precincts and compounds where essential activities are performed.
The essential activities under the purview of the Ministry of Communications and Transportation are as follows:
1. For infrastructure purposes:
a. The preservation of federal no-toll highways;
b. The Program for the Preservation and Rehabilitation of Rural Roads and Feeder Roads.
c. The operation of the Toll Highway Network, no-toll highways, as well as those roads and bridges delivered to State and Municipal governments for its operation, maintenance, preservation and surveillance.
2. For transportation purposes:
a. Air:
- Safe Flight Certificates
- Export and airworthiness Certificates
- Issuance of Air Services Exploitation Certificates, renewals or their amendments
- Recognition of the Air Services Exploitation Certificates issued by a foreign aeronautics authority, their Renewals or amendments
- Permits for aircraft repair workshops, as well as recognition of foreign workshops that provide services to Mexican registered aircrafts and their amendments
- Sudden repair or maintenance authorizations, as well as work performed abroad
- Flybys authorizations
- Rescue flights authorizations
- Humanitarian flights authorizations
- Airport services
- Complementary services
- Services related to flight navigation assistance
- Assignment and cancellation of public service aircraft registration
- Insurance policy approvals
b. Railroad:
- The provision of cargo and passenger public services, as well as auxiliary and support services related thereto;
- Rehabilitation and maintenance of railways; and
- Work related to the preservation and maintenance of railway equipment
c. Federal Road Transportation:
- Those related to the transportation service-chain listed below:
- Passenger and cargo federal transportation services
- Vehicle fleet maintenance services, spare parts supply and related services
- Cleaning and disinfection services for any type of vehicle, passenger terminals, bus stops, mechanical service stations and sale of gasoline and diesel
- Cargo and passenger load and unload services
- Courier services
- Trailing and rescue tow vehicles, as well vehicle deposits
- Passenger terminals and verification units auxiliary to federal transportation;
- Supervisory duties of the main central bus terminals of the country under the purview of the General Direction of Federal Transportation and SCT Centers, currently focused on the application of sanitary measures issued by such administrative units; and
- Issuance of provisional authorizations to circulate without metal license plates to allow federal transportation units to circulate and provide services during the referred sanitary emergency, and the conditions that have emerged for the confinement of such virus remain in place
d. Maritime:
- Granting of permits and authorizations to vessels and naval artifacts that provide services linked to passenger and cargo transportation, as well as to the production and distribution of gas, oil, gasoline and jet fuel:
- Temporary permits for coastal shipping to foreign vessels
- Permits to provide passenger transportation services in waterways
- Processing and granting of authorization to act as general naval agent or vessel consignee
- Humanitarian bridges
- Port work that is essential to the proper functioning of ports, including private sector port projects, which have the purpose of creating strategic infrastructure for port operation and economic activity stimulation
3. For Port Operation purposes:
- The operations of entrance and exit of vessels, load and unload of cargo or passengers needed to continue the supply of goods, as well minimum/basic port services required for the attention of vessels and their crew, observing all sanitary protocols established;
- Pilotage services, as well as those activities related to the operation of vessels at port that require the immediate attention of the Marine Merchant Services Office dependent of this Ministry; and
- The authorization of amendment and anchoring maneuvers of vessels at port, by the Marine Merchant Services Office dependent of this Ministry
4. For Communication purposes:
- Actions to guarantee the continuity of telecommunications and radio broadcasting networks so the population may access information media and telecommunication services;
- Actions to safeguard the security of critical infrastructure;
- Continuity of social covered projects;
- Broadcasting to the public about the rational use of telecommunications and radio broadcasting technologies;
- Mail and postal services provided by the Mexican Post Office;
- Satellite services for social coverage by TELECOMM;
- Telecomm office services, as well as services to disperse the resources for the Wellness social program by TELECOMM;
- Maintain the operation of the private Network of the Federal Government; and
- Assessment of technology development projects.
We will continue monitoring and providing updates as the information continues to flow.
For more information, please contact your Foley relationship partner or the Foley colleagues listed below. For additional web-based resources available to assist you in monitoring the spread of the coronavirus on a global basis, you may wish to visit the websites of the CDC and the World Health Organization.
Foley has created a multi-disciplinary and multi-jurisdictional team to respond to COVID 19, which has prepared a wealth of topical client resources and is prepared to help our clients meet the legal and business challenges that the coronavirus outbreak is creating for stakeholders across a range of industries. Click here for Foley’s Coronavirus Resource Center to stay apprised of relevant developments, insights and resources to support your business during this challenging time. To receive this content directly in your inbox, click here and submit the form.