Act's Protection Of Trade And Investment From Foreign Norms That Contravene International Law

Original Language Title: Ley de Protección al Comercio y la Inversión de Normas Extranjeras que Contravengan el Derecho Internacional

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ACT OF PROTECTION OF TRADE AND INVESTMENT OF FOREIGN RULES THAT CONTRAVENE INTERNATIONAL LAW

LAW OF PROTECTION OF TRADE AND INVESTMENT OF FOREIGN RULES THAT CONTRAVENE INTERNATIONAL LAW

Official Journal of the Federation October 23, 1996

Last reform published DOF April 9, 2012

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, to its inhabitants known:

THAT THE HONORABLE CONGRESS OF THE UNION, HAS SERVED TO ADDRESS THE FOLLOWING

DECREE

" THE CONGRESS OF THE UNITED STATES OF MEXICO, D E C R E T A:

LAW OF PROTECTION OF TRADE AND INVESTMENT OF FOREIGN RULES THAT CONTRAVENE INTERNATIONAL LAW

ARTICLE 1o.- prohibits natural or moral persons, public or private, who are in the national territory, from those whose acts occur or have a total or partial effect on that territory, as well as those who are subject to the laws (a) to carry out acts affecting trade or investment, where such acts are a consequence of the extraterritorial effects of foreign laws.

It will be understood that a foreign law has extraterritorial effects that affect trade or investment from Mexico, when it has or may have any of the following objectives:

I That you intend to impose an economic blockade or even limit the investment to a country to bring about change in your form of government.

II That allows you to claim payments to individuals for expropriations made in the country to which the lock is applied.

III Which provides for restricting entry to the country that issues the law as one of the means to achieve the above objectives.

ARTICLE 2o.- The persons referred to in Article 1 are prohibited. of this law provide any information, by any means, that is required by foreign courts or authorities, based on the foreign laws referred to in Article 1.

ARTICLE 3o.- The affected persons must inform the Secretariat of Foreign Affairs and the Secretariat of Economy, of those cases in which:

I You may be harmed in your activities or investment, for the purposes of the foreign laws referred to in Article 1o., and

II Receive requirements or notifications, issued on the basis of the foreign laws referred to in Article 1o.

ARTICLE 4.- The national courts shall refuse the recognition and enforcement of judgments, injunctions or arbitration awards, issued on the basis of the foreign laws referred to in Article 1.

ARTICLE 5o.- Those who have been sentenced to the payment of compensation by judgment or award issued on the basis of foreign laws referred to in Article 1o., shall have the right to sue before federal courts, the payment by the plaintiff of the judgment in foreign country:

I In terms of damage and as main luck, the amount set in the foreign sentence or award, and

II The damages occasioned, as well as the respective costs and court costs.

ARTICLE 6o.- The national courts in accordance with applicable law, may approve and execute the judgments or awards (a) a person who, in turn, has obtained an economic benefit arising from a judgment or award issued on the basis of the laws of foreign countries of the European Union of the European Union of the European Union, referred to in Article 1.

ARTICLE 7o.- The Secretariat of Foreign Affairs and the Secretariat of the Economy will advise people who are affected by the application of the laws referred to in the article. 1o.

ARTICLE 8.- The Secretariat of Foreign Relations and the Secretariat of Economy, in their respective competences, are empowered to issue general criteria for interpretation of this law.

ARTICLE 9o.- Without prejudice to any liability of a civil, criminal or other nature that may be generated by the violation of the articles 1o., 2o. and 3., the Secretariat of Foreign Affairs may impose the following administrative penalties on the infringer:

I For violation of the first paragraph of Article 1o., fine for up to 100,000 days of general daily minimum wage, in force in the Federal District.

II For violation of Article 2o., fine for up to 50,000 days of general daily minimum wage, in force in the Federal District.

III For violation of article 3o., with warning. If this is the second infringement, fine up to 1,000 days of general daily minimum wage, in force in the Federal District.

In the event of recidivism, a fine shall be applied for up to twice the maximum limit of the corresponding penalty.

The Secretariat of Foreign Relations shall fix the amount of the penalty, considering the relevant circumstances of the offender and the extent to which trade or investment is affected, according to the Ministry of Economy.

The procedure for imposing administrative sanctions shall be governed by the Federal Law of Administrative Procedure.

TRANSIENT

ONLY.- This Law will take effect the day after its publication in the Official Journal of the Federation.

Mexico, D. F., a 1o. October 1996.-Sen. Melchor de los Santos Ordonez, President.-Dip. Carlos Humberto Aceves del Olmo, President.-Sen. Rosendo A. Villarreal Davila, Secretary.-Dip. Sabino González Alba, Secretary.-Rubicas ".

In compliance with the provisions of Part I of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I request the present Decree in the residence of the Federal Executive Branch, in Mexico City, Federal District, at twenty-one day of the month of October of a thousand nine hundred and ninety-six.- Ernesto Zedillo Ponce de León.- The Secretary of Government, Emilio Chuayffet Chemor.-Heading.