Regulatory Context
On May 4th, 2026, 2 (two) decrees were published in the Official Gazette of the Federation. The first decree concerns the immediate authorization of investments and the second concerns the establishment of the Sole Window for Foreign Trade Procedures (the “Decrees”). Together, they restructure the procedural architecture applicable to foreign trade operations and private investment projects in Mexico, consolidating dispersed federal procedures into centralized digital platforms.
National Program for Territorial Planning and Urban Development 2026–2030
Practical Impact
1.- Fast-Track Investment Authorization
The Decree for the Immediate Authorization of Investments aims to incentivize private investment projects to: i) promote economic development, ii) strengthen the competitiveness of strategic sectors, iii) foster job creation and iv) encourage growth, through an immediate authorization mechanism. Eligible projects include those developed within Development Poles, those with a total investment equal to or greater than $2,000,000,000.00 (two billion pesos, 00/100, M.N.) and those corresponding to strategic sectors such as: i) technology, ii) semiconductors, iii) automotive, iv) medical devices, and v) aerospace, among others. Mining, financial, public and mixed investment projects are expressly excluded.
Authorization applications must be submitted through the National Digital Investment Window (the “Window“), accompanied by certain technical, legal and financial information regarding the project, including a regulatory compliance declaration and a valid civil liability insurance policy. Such authorization must be issued within a maximum period of 30 (thirty) business days, has a term of 1 (one) year and is renewable up to 2 (two) times, provided that the project evidences at least 90% (ninety percent) of the committed progress. During its term, the investor must report project progress on a quarterly basis and engage local suppliers for a minimum of 20% (twenty percent) of the total investment amount.
Additionally, the Investment Committee is hereby created as a collegiate body composed of various ministries, including: i) the Ministry of Economy, ii) the Ministry of Anti-Corruption and Good Governance, and iii) the Digital Transformation and Telecommunications Agency (the “ATDT” for its Spanish acronym), among others, which shall be responsible for granting, modifying, suspending or revoking authorizations. In this regard, the Presidential Office for Investment Promotion is also created, with the purpose of providing guidance and support to investors in the management of their procedures. Finally, for projects that do not hold an authorization but process their procedures through the Window, the competent authorities will have 90 (ninety) business days to issue a resolution, with affirmative fiction applying in the event of non-compliance.
2.- Foreign Trade Sole Window
The Decree enabling the Sole Window for Foreign Trade Procedures (the “Foreign Trade Window“) aims to consolidate into a single digital platform the receipt, management and resolution of all foreign trade procedures handled by the competent authorities, namely the Ministry of Economy, the Tax Administration Service (the “SAT” for its Spanish acronym) and the National Customs Agency of Mexico. The Foreign Trade Window will be administered by the ATDT under the principles of administrative simplification, digitalization, interoperability and traceability, and will operate through the Mexican Digital Window for Foreign Trade (“VUCEM“), the administration of which will be transferred from the SAT to the ATDT within the timeframe determined by both authorities.
Through the Foreign Trade Window, interested parties will be able to submit procedure requests, consult the status of their processes in real time, make electronic payments and receive notifications with full legal validity. To do so, they must be registered with the Federal Taxpayer Registry and hold a valid advanced electronic signature (e.firma). Their main obligations include: i) providing complete, truthful and up-to-date information, ii) using the Foreign Trade Window exclusively for authorized purposes, iii) keeping notification mechanisms active, and iv) cooperating with the authorities in the validation and verification of the information provided.
Additionally, the Foreign Trade Window will include a Sole Foreign Trade File enabling the exchange of information between authorities, thereby eliminating duplicate requirements and administrative burdens. The ATDT must enable the Foreign Trade Window within 15 (fifteen) business days following the entry into force of the Decree, and procedures initiated prior thereto must be continued through this platform.
National Program for Territorial Planning and Urban Development 2026-2030
The Decrees should be read in conjunction with the National Program for Territorial Planning and Urban Development 2026–2030 (the “Program“), which is binding upon all Federal Public Administration entities. The Program establishes, among its strategic objectives, the promotion of economic development with social-territorial equity through territorial suitability assessments for productive projects, including an express reference to the Economic Development Zones for Well-Being (the “Poles“). Accordingly, investment projects seeking to be developed within such Poles must consider not only the procedural requirements set forth in the Decrees, but also the land suitability, climate risk, cadastral regularization and registry certainty criteria established by the Program as conditions for project viability.
Conclusions
Together, the Decrees and the Program represent a significant step forward in regulatory simplification and the digitalization of procedures in Mexico, aligned with the national policy of attracting foreign investment and strengthening the country’s competitiveness in the context of the industrial nearshoring phenomenon. The consolidation of procedures into centralized digital platforms, the expedited authorization mechanism with defined timeframes, and the operation of affirmative fiction as a safeguard against administrative inaction, offer a more agile, predictable and legally certain regulatory environment for both investors and foreign trade operators. However, the effectiveness of both instruments will largely depend on the timely implementation of the corresponding digital platforms and the issuance of the Investment Committee’s operating rules.
We recommend assessing whether your investment projects or foreign trade operations fall within the scope of the Decrees and, if applicable, beginning the necessary preparations for their incorporation into the corresponding digital platforms. The firm is available to provide advisory services on eligibility assessment, documentation preparation and support throughout the authorization application process before the competent authorities.
