COVID-19: Extraordinary measures in México, including the acquisition of all goods and services to fight the virus

March 30, 2020

In the afternoon of this Friday, 27 March, the Mexican President published a Decree in the Federal Gazette, implementing extraordinary measures in relation to the outbreak of COVID-19.

This Decree announced the following extraordinary and immediate measures:

• The use of all medical resources in the public and private sectors available in the regions and the surrounding areas.
• The acquisition of all types of goods and services, at national or international level, such as medical equipment, diagnostic agents, surgical and healing materials and hygiene products, as well as any other type of good or service, without any public tender procedure, for the quantities or concepts that are necessary to face the contingency.
• The import and authorization of imports of the above-mentioned goods and services with minimal or no administrative procedure requirements, for the required quantities or concepts.
• Taking the corresponding measures in order to avoid price speculation and stockpiling of the essential products mentioned above.
• Any other measure that is considered necessary by the Ministry of Health.

All entities and offices of the Federal Public Administration must work jointly and provide all the required support to the Ministry of Health to implement the corresponding mitigation and control measures of the pandemic virus.

In addition to the Presidential Decree summarized above, the Mexican sanitary regulatory agency, COFEPRIS, published an announcement on its official website stating the petitions and proceedings that will remain open during this phase 2 of the pandemic in Mexico. The notice includes applications for “products” to overcome the health emergency of COVID-19.

OLIVARES is currently reviewing this announcement and analyzing the Decree carefully, as well as any other government decisions. We are closely monitoring any developments related to the current health crisis, in order to advise our clients on the legal implications of the coronavirus.