Foreign Trade legal considerations in Mexico: Implications & Possible Consequences of USMCA Amendments

By: Luis Gerardo Ramírez Villela

The United States-Mexico-Canada Agreement (USMCA) has been the subject of much discussion regarding its implications and potential future modifications since its implementation and, more recently, considering the midterm elections to be held on November 3, 2026.

The imposition of tariffs by the President of the United States has led not only to various adjustments and discussions among the three countries, but also to significant international disputes that have affected—and helped—trade relations between Mexico and Asian and European countries.

The review of its terms and conditions focuses on tariffs in different trade areas that have been affected from 2024 to the present, as well as on dispute resolution mechanisms, climate change, and the nearshoring process.

This review is becoming increasingly complex, and as negotiations progress, it appears that the benefits for Mexico are diminishing rather than increasing.

Each country is focused on safeguarding its own interests, which could lead to the scenario originally proposed by the United States: the dissolution of the trilateral treaty in favor of individual agreements among the three nations.

This outcome could potentially be advantageous for both Mexico and Canada, allowing them to establish agreements that foster mutual growth and adapt to current trends of nearshoring, as well as the changing global climate, economic, and political landscape.

However, the upcoming midterm elections in the United States will undoubtedly affect government considerations regarding the continuation of the USMCA, particularly given the protectionist policies in the United States.

Ultimately, regardless of the agreements reached, trade between the United States and Mexico will continue to reflect the advantages the former derives from Mexico, which could make direct negotiations more feasible.

Most importantly, we must be prepared in case of a renegotiation of the USMCA or its termination and negotiation of bilateral agreements, which will involve changes in the structure of foreign trade operations and operational modifications in the applicable legislation.

Deja un comentario

Your email address will not be published. Los campos obligatorios están marcados con *

Restructuring

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Corporate /Transactional

At Müggenburg, Gorches y Peñalosa we provide legal services in all aspects of corporate law practice. Our group of professionals in this area has years of experience providing services to both national and international clients, with the most diverse needs and the highest standards of demand and sophistication in the service. Among our clientele are leading companies in their sectors worldwide, such as automotive, cosmetics, hotels and tourism, food industry, aeronautical industry, computer programs and systems, suppliers of the oil industry, technology, among others.

We advise our clients on the constitution of Mexican companies (commercial and civil) and associations, attending to the needs derived from the industry and/or commerce segment in which they focus their activities and their medium and long-term plans, also providing services for compliance with the regulatory requirements that may apply, including those derived from direct foreign investment, economic competition and obtaining the necessary licenses and permits for its operation. Our services also extend to the provision of corporate services within the ordinary course of business of our clients, including advice on the preparation, review and negotiation of all types of civil and commercial contracts, and the custody, updating and maintenance of corporate books. . We also provide services related to the opening and management of branches in Mexico of foreign companies.

We represent national and foreign corporate and/or investment groups in the acquisition of, and/or merger with, Mexican business entities, and on other occasions we also represent acquired Mexican entities. In both cases, we provide legal audit services to foresee possible contingencies of the operation, locate areas of opportunity and help determine the value of the company to be acquired. Likewise, in representing the acquirer, we prepare the legal documentation of the operation (specifically contracts for the sale of shares and/or association, with all its annexes and accessory contracts), and we carry out their negotiation with the counterparty. Likewise, in these cases we participate directly in the processing and obtaining of any authorizations, permits, licenses and concession titles required for the operation of our clients, and we advise on notices and notifications to government entities, including notifications of resolutions and opinions of the Federal Economic Competition Commission.

We provide advisory services for corporate restructuring and reorganization, also including international corporate groups with a presence in Mexico. In these cases we have worked in coordination with groups of financial and accounting advisors both from Mexico and abroad, and we have coordinated legal audits of subsidiaries of entities acquired in several Latin American countries (Argentina, Brazil, Chile, Colombia and Peru, among others, with local legal advisers in each case).

We advise on operations of association in participation, "joint-ventures", preparation and negotiation of agreements between shareholders, merger and spin-off of legal entities, establishment of trusts of any type, constitution of guarantees on any type of property, repurchase of shares by of companies listed on the Mexican Stock Exchange, as well as in the structure of purchase option plans and other types of specialized corporate operations.

We also provide services for the development of mechanisms that allow the efficient and effective anticipation and management of potential conflicts between shareholders; in this regard, we have represented groups of shareholders of Mexican companies in the implementation of corporate actions to defend their interests against the rest of the shareholders and the Company itself on internal corporate control issues, generally in coordination with litigation areas in matters commercial and civil.

Depending on each particular project or operation, we rely on other specialty areas of the Firm, in order to provide comprehensive services, under the highest standards of quality and efficiency.

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Restructuring (Corporate and Financial)

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).