Mexico Nearshoring Permit Roadmap
Setting up a nearshoring oriented operation in Mexico requires navigating through a series of complex permits, licenses and authorizations while ensuring alignment with federal, state and local regulations.
This process also involves a structured collaboration with numerous governmental entities, ranging from federal agencies to state and local authorities.
We meticulously cover all applicable regulation and approach all involved agencies, tailoring a permit roadmap to each project's unique needs, ensuring full compliance and smooth project progression.
This guide provides a concise overview of the critical permitting steps vital for establishing an industrial, nearshoring oriented business in Mexico, offering a clear and direct roadmap for a successful and compliant setup.
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1. Initial Diagnosis
We carry out an in-depth evaluation of potential industrial locations, paying close attention to aspects like existing forest land, protected areas, environmental management initiatives and urban development plans. Our goal is to pinpoint the most environmentally appropriate site for your project considering any specific factors that could influence its development. Additionally, we take a close look at how the project might impact lands belonging to indigenous communities and neihboring communities.
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2. Environmental Impact Authorization
Before any construction or operation kicks off, it is essential that government authorities give the green light on the project's environmental impact. This involves submitting an Environmental Impact Statement which covers everything from the current state of the ecosystem to detailed engineering plans, projected environmental effects and how these will be mitigated and compensated for. Our team boasts a collected wealth of experience, with a track record of more than fifty assesments successfully developed, submitted and approved by Mexican environmental authorities.
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3. Risk Study
When it comes to managing hazardous materials -as most industrial complexed do-, it's crucial to pair an Environmental Risk Assessment with a detailed Risk Study. This is not just a formality, but a necessity to predict potential risks accurately and put in place effective measures to mitigate them. This comprehensive approach ensures we’re always a step ahead in managing any environmental hazards effectively.
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4. Forest Land Clearing Permit
If your project overlaps with forested areas, securing a permit from the federal environmental authorities for land clearing is a must. To facilitate this, a technical study is required for each forest area impacted by the project. This study details the specific forest coverage involved, outlines sustainable methods for land clearing and describes the compensation measures to be implemented. Ensuring these steps are comprehensively covered is key to maintaining responsible environmental practices and ensuring a positive response from the authorities.
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5. Social Impact Evaluation
In certain scenarios, conducting a Social Impact Evaluation may become a crucial part of the development process. This involves identifying and assessing the potential socio-economic impacts that the nearshoring oriented project might have on communities and towns within its area of influence. Based on these evaluations, we develop targeted mitigation measures and craft effective social management strategies to address any identified concerns or impacts. This step ensures that the project progresses with a keen awareness of its social footprint and responsibilities.
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6. Public Consultation
The process of obtaining Environmental Impact Authorization legally mandates a public consultation phase, an area in which our firm particularly excels. We adeptly navigate these necessary interactions, ensuring thorough and effective engagement with the public as part of the authorization process. This step is not only a legal requirement but a vital aspect of our commitment to responsible and community-inclusive project development.
Furthermore, should our Initial Diagnosis indicate any impact on neighboring indigenous communities, we are bound to conduct public consultations in line with Convention 169 of the International Labour Organization concerning Indigenous and Tribal Peoples. By adhering to this convention, we ensure respectful and inclusive engagement with indigenous groups, addressing their concerns and integrating their insights into the project planning and execution.
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7. Water Rights
Water, being an indispensable resource today, plays a crucial role in any project's success. Ensuring a project's access to adequate water supply while upholding stakeholders' water rights is an essential aspect of development.
Our expertise lies in securing water rights, encompassing all aspects including taxation implications. We are well-versed in the nuances of water rights transfer, obtaining concessions for land use near water bodies, acquiring permits for wastewater discharge, and permissions for developing hydraulic infrastructure, among other critical areas. Our comprehensive understanding ensures that water-related requirements are meticulously addressed for the seamless execution of your project.
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8. Local Permits
Navigating local permit requirements is a vital component of any project, particularly when it involves obtaining a construction permit or an operating license. Our team possesses extensive knowledge and experience in facilitating these processes. We ensure that all construction activities comply with local regulations, securing construction permits that are essential for the commencement of any building activity. Additionally, we specialize in acquiring operation licenses, which are crucial for the legal day-to-day operation of the facility. Our proactive approach in handling these permits ensures that your project adheres to all local standards and regulations, paving the way for a smooth and compliant project execution.
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9. Cultural Heritage Sites
Dealing with cultural heritage sites is a delicate aspect of any project development, especially when it involves dealing with the National Institute of Anthropology and History (“INAH”). Our team is highly skilled in navigating the complexities associated with cultural heritage areas. We facilitate the process of securing INAH permits, ensuring that your project respects and preserves the rich cultural heritage of the site. Our expertise includes conducting thorough assessments to identify any potential impact on cultural sites and liaising with INAH to obtain the necessary approvals. This careful attention to cultural heritage not only complies with legal requirements but also reflects our commitment to respecting and preserving the historical and cultural significance of the areas we work in.
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10. Labor Related Permits
Navigating labor-related permits and regulations is a critical part of establishing and operating a business in Mexico. Our expertise extends to managing the intricacies of labor compliance, including the registration of the company and its employees with the Mexican Social Security Institute (“IMSS”) and the National Workers' Housing Fund Institute (“INFONAVIT”). We provide thorough guidance on tax retention for workers, ensuring adherence to the fiscal responsibilities and legalities involved. Additionally, our services encompass advising on the drafting of worker contracts, balancing both employer and employee rights, and considerations around unionization. Our comprehensive approach ensures that all labor-related aspects of your business are managed effectively, maintaining compliance with Mexican labor laws and contributing to a harmonious and legally sound work environment.
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11. Main Corporate Documents
Our expertise in corporate structuring and compliance is pivotal for businesses establishing their presence in Mexico. We specialize in guiding companies through the process of incorporation, advising on the selection of the most appropriate company structure, whether it be a Sociedad Anónima de Capital Variable (S.A. de C.V.), a Sociedad de Responsabilidad Limitada (S. de R.L.), or other suitable form. This includes navigating the legal intricacies of setting up the business entity, ensuring alignment with your business goals and legal requirements. Additionally, we handle the registration of your company with the Mexican tax authorities, a crucial step for operational and fiscal compliance. Beyond these foundational steps, our services extend to facilitating main contracting with local providers, ensuring that your business relationships are established on a solid legal foundation. This comprehensive approach guarantees that your company is not only legally sound in its setup but also well-positioned for successful operations in Mexico.
For more detailed information and personalized guidance on establishing and operating your nearshoring oriented business in Mexico, please don't hesitate to reach out to us. Our team of experts is ready to provide you with the support and expertise you need to navigate the complexities of Mexican regulations and corporate practices. Contact us today to discuss how we can assist in making your nearshoring venture a success. You can reach us by phone, email, or through our website. We look forward to working with you and helping you achieve your business goals.
Hours
Monday – Thursday
9am – 9pm
Phone
+52 (55) 8843 0286
Author
Héctor Velasco Perroni
Partner
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