Activities Not Suspended due to Force Majeure due to The Health Emergency

On 06 April 2020 the Agreement establishing the Technical Guidelines relating to the activities described in subparagraphs (c) and (e) of Section II of Article 1 of the Agreement establishing the extraordinary actions to address the health emergency generated by the SARS-virusCov2, published on 31 March 2020. In which the activities referred to in the Agreement published on 31 March 2020 by the Ministry of Health to which reference is made in the agreement referred to herein are indicated.

WITHIN THE TECHNICAL GUIDELINES RELATING TO THE ACTIVITIES DESCRIBED IN SUBPARAGRAPHS (C) AND (E) OF SECTION II OF ARTICLE 1, OF THE AGREEMENT ESTABLISHING EXTRAORDINARY MEASURES TO DEAL WITH THE HEALTH EMERGENCY CAUSED BY THE SARS-VIRUSCOV2 sets out three scenarios:

A. For companies whose suspension may have an irreversible effect on their operation.

This includes steel, cement and glass production companies, as well as information technology services to ensure the continuity of public, private and social IT systems.

In particular, companies that have current contracts with the Federal Government will continue activities that will allow them to meet the short-term commitments exclusively for the projects: Dos Bocas, Tren Maya, Felipe Angeles Airport and Trans-seismic Corridor.

B. For courier companies.

This includes companies and e-commerce platforms, provided they comply with the following practices:

• Meetings or congregations of more than 50 people may not be held.

• People should wash their hands frequently.

• People should sneeze or cough using the respiratory label (covering the nose and mouth with a disposable tissue or forearm).

• Do not greet with kiss, hand or hug (distant greeting).

• All other measures of healthy distance in force, issued by the Federal Health Secretariat.

C. For companies necessary for the maintenance, maintenance and repair of critical infrastructure that ensures the production and distribution of essential services: electricity.

Other cases are: drinking water, gas, oil, gasoline, turbosine, basic sanitation, public transport, hospital and medical infrastructure, among others that could be listed in this category.

Furthermore, establishing the assumptions for coal mines and coal distribution companies will maintain their transport and logistics activities. Those which maintain a minimal activity that satisfies the demand of the Federal Electricity Commission, for which they must inform the Ministry of Economy via e-mail: economia@economia.gob.mx, in accordance with Annex 1 to the Agreement published on 06 April 2020 in the Official Journal of the Federation.

As can be seen, these are activities or industries that are essential for the country, and therefore they must operate according to the above guidelines and the precautionary measures described. They apply to the public, private and social sectors.

Bandala | Díaz | García has the firm intention to keep you well informed and to be in constant contact with his clients and the general public in order to attend in the best way any doubts.