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PUBLIC INSTITUTIONS AND POLICIES
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Advising to governments and international organizations:
We have had the privilege of working with various international organizations such as the World Bank, the Inter-American Development Bank and United Nations. These studies and consultancies have dealt with different issues involving both the public and private sectors. Among others, we have participated in research on social security, financial and public procurement matters.
The projects developed with these institutions have been a success thanks to the completeness and theoretical and practical professionalism demonstrated by the lawyers of the firm. These experiences have also helped the Firm's vision to be one that goes beyond the current situation in a specific place, but rather we try to envision possible scenarios that can transcend time and borders.
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Regulatory design and implementation of public institutions, policies and programs:
Our attorneys have led the legal department inside the Federal Government in charge of the interpretation of the legal framework applicable to parastatal entities (decentralized agencies and State Owned Enterprises). Regarding SOE’s, we have the most expert team available, we directly took part in several process of creation, disincorporation and merger of SOE’s, also represented the Ministry of Finance before specialized international bodies (Working Party on State Ownership and Privatization Practices, OECD), negotiated SOE’s chapters in Mexico’s federal trade agreements (USMCA, EUMFTA and CPTPP). In that topic, we participated in the design and oversight of the new corporate governance model for Productive Enterprises (PEMEX and CFE) and also in the transformation of decentralized agencies of the executive branch into agencies with constitutional recognition of autonomy. (COFECE, IFT, INAI). Our attorneys also lead teams in charge of paradigmatic liquidation processes of SOE’s in the energy, railway, development banking, among others (Luz y Fuerza del Centro, PROFORMEX, Ferronales, SERANOR, BANRURAL).
We participated in the design of public policies and governmental programmes, from its earliest stages, safeguarding their adherence to the legal framework while accomplishing the desired objective, as well as serving as advisors throughout the implementation and execution of these programmes, especially those related to public finances, social development and the promotion of economic activities.
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Public Finance (income, expenditure and debt):
Our attorneys drafted and negotiated the law (Ley Federal de Presupuesto y Responsabilidad Hacendaria) that regulates Mexico’s fiscal framework (fiscal deficit, balanced debt, stabilizing emergency funds, expenditure adjustment mechanisms and structural current expenditure), as well as laws regulating accounting procedures for all levels of government (Ley General de Contabilidad Gubernamental). Furthermore, we had an active participation in several legislative processes such as the 2014 Tax reform, included the new tax regime for Pemex and private contractors, evolution of the registry of public debt obligations and its transparency through market ratings (for subnational debt), revenue distribution, improvements in expenditure management to promote a result based budget, among others. We also participated in the design of the Financial Discipline Law for Federal Entities and Municipalities and have implemented several projects qualified as productive public investments in terms of said law.
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Macroeconomic funds and public trusts:
Direct participation in the design, drafting negotiation and implementation of the legal framework that regulates the public income stabilization funds and natural disaster fund. Same activities were undertaken regarding the framework applicable to all federal public trusts, and we coordinated, from the legal perspective, the efforts to create the Federal Public Trust Registry, which amounted to the revision, modification and termination of hundreds of trust agreements and analogous legal figures throughout several years in order to organize and slim their presence, from the year 1998 through 2018. In the same field, we were responsible for the elaboration of the trust contract models that the federation uses when setting up a new trust, as well as for issuing legal opinions that allowed or prevented, accordingly, the modification of such contracts.
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Training and capacity building:
We have been special advisors, invited by the states governors conference (CONAGO), at the working group in charge of the adjustment of local anticorruption framework to match the national reforms. All within the process of creating the National Anticorruption System.
We have trained multiple companies and their employees in compliance with anti-corruption obligations, anti-money laundering (AML), know-your-customer (KYC) policies, tax obligations, among others. In the public sector we have also advised and trained public servants on issues such as administrative, fiscal, budgetary, debt and public financing responsibilities.
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