CCN MEXICO REPORT

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Issue #
91
 – 
July 2011

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New Regulation on National Water Rights

July 8, 2011

On May 27, 2011, a new regulation was published in the Official Journal of the Federation that aims to establishthe procedure to determine and pay the fee known as the “guaranty of no expiration fee” (cuota de garantía de nocaducidad) referred to in the National Water Law (Ley de Aguas Nacionales). The payment of the guaranty of noexpiration fee allows licensees or assignees of national water rights to avoid the termination of the licensebecause of expiration. This permits licensees to maintain their rights to use the volume of water licensed orassigned, or, when applicable, to fully carry out a permanent transfer of water rights to third parties. The newregulation contains the formula used to calculate the guaranty of no expiration fee that the licensee or assignee ofnational water rights may choose to pay in order to avoid total or partial expiration of a license or assignment when such party ceases to operate, use or appropriate all or part of the volume of water licensed or assigned for aperiod of two consecutive years. Such fees may be paid each time any one of the mentioned events occurs. Theperiod of two years shall be calculated from the time the operation, use or appropriation of the national waterrights that were licensed or assigned ceases. Those who maintain licenses of national water rights shouldunderstand the details of such rights and the importance of taking measures to prevent their expiration.

New Immigration Law in Mexico

July 5, 2011

On May 25, 2011, Mexico’s new Immigration Law was published in the Official Journal of the Federation andbecame partially effective as of May 26, 2011. This new law introduces the concept of “Status of Stay”(Condición de Estancia), which refers to the status assigned to a foreigner with intent to reside in Mexico, whenthe activities he or she carries seeks to carry out so allow, or to the status assigned to a foreigner allowed to residein Mexico based on humanitarian criteria. Additionally, a residency card was introduced, which in certain aspectssubstitutes for the immigration documents that have applied to Temporary Visiting Non-Immigrants, Immigrantsand Permanent Residents. The new law replaced the more than thirty statuses and characteristics provided by theGeneral Population Law (Ley General de Población) that formerly categorized immigration status as non-immigrant, immigrant and permanent resident, with the following three large “Status of Stay” groups: (i) Visitor,(ii) Temporary Resident, and (iii) Permanent Resident. The new Immigration Law establishes that, in certaincases, foreigners who intend to enter the country must present one of the visas referenced by the new law. It isworth noting that none of these visas grant the right to work for payment, unless such visa states so. On the otherhand, the new immigration law restricts the discretion of immigration authorities to refuse the issuance of visas,legal entry into Mexico or the presence of foreigners in Mexican territory. One of the fundamental values adoptedin such immigration law is its respect for the human rights of immigrants - nationals and foreigners alike -irrespective of their origin, nationality, gender, ethnicity, age or immigration status. The new law is consistentwith the equality between nationals and foreigners set forth in the Mexican Constitution, especially when itcomes to the observance of their individual rights. Prior to entering Mexico, it is advisable to seek legal advice todetermine applicable visa requirements, and if a visa is required, which type would apply,, including adetermination of the correct status of stay that applies to each individual case.

Famous and Notably Recognized Marks
July 8, 2011
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New Regulation on National Water Rights
July 8, 2011
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New Immigration Law in Mexico
July 5, 2011
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