{"id":139636,"date":"2026-04-21T13:27:48","date_gmt":"2026-04-21T13:27:48","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=139636"},"modified":"2026-04-21T13:27:48","modified_gmt":"2026-04-21T13:27:48","slug":"mexico-mining","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/mexico-mining\/","title":{"rendered":"Mexico: Mining"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-139636","comparative_guide","type-comparative_guide","status-publish","hentry","guides-mining","jurisdictions-mexico"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Todd<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/04\/Logotipo-Todd.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Todd<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/04\/Logotipo-Todd.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Mining laws and regulations applicable in Mexico<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Legal framework for mining<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico is a top-tier global mining jurisdiction, particularly in silver, where it remains the world\u2019s leading producer, as well as a relevant player in gold, copper, zinc, lead and iron ore, with increasing strategic focus on lithium.<\/p>\n<p>Mining is governed by a federal, concession-based regime grounded in Article 27 of the Mexican Constitution, pursuant to which all minerals in situ are owned by the State. Private parties may not own mineral resources but may exploit them through mining concessions granted by the federal government. The core legal framework is set out in the Mining Law (Ley de Miner\u00eda) and its regulations, complemented by environmental, water, land access and tax legislation. Following the 2023 reforms, the regime has moved toward greater State control, tighter concession allocation mechanisms and enhanced social compliance requirements, making regulatory strategy and permitting execution critical to project viability.<\/p>\n<p>From a regulatory standpoint, mining in Mexico involves multiple federal authorities with overlapping competencies, which in practice requires coordinated regulatory management:<\/p>\n<p>\u2022 The Ministry of Economy (Secretar\u00eda de Econom\u00eda), through the General Directorate of Mines, is the primary authority responsible for granting, supervising and, where applicable, cancelling mining concessions, as well as maintaining the Public Registry of Mining.<\/p>\n<p>\u2022 The Ministry of Environment and Natural Resources (SEMARNAT) oversees environmental impact authorisations (MIA), land use change permits and environmental compliance.<\/p>\n<p>\u2022 The National Water Commission (CONAGUA) regulates water concessions, extraction and discharge permits, which are often a gating item for project development.<\/p>\n<p>\u2022 The Ministry of Agrarian, Territorial and Urban Development (SEDATU) and agrarian authorities are relevant for land access, particularly in ejido or communal land structures.<\/p>\n<p>\u2022 Additional agencies may become relevant depending on the project, including SEMAR (port and maritime facilities), SEDENA (explosives permits), and local\/state authorities for ancillary permits.<\/p>\n<p>As a result, while the concession is federally granted, the ability to develop and operate a mine is highly dependent on securing and maintaining a multi-agency permitting stack.<\/p>\n<p>Mexico is a civil law jurisdiction, based on codified statutes, with limited precedential value afforded to judicial decisions outside of binding jurisprudence.<\/p>\n<p>Mexico is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the \u201cNew York Convention\u201d), which is fully incorporated into Mexican law and operates in conjunction with the Mexican Commerce Code and applicable arbitration principles. In practice:<\/p>\n<p>\u2022 Foreign arbitral awards are generally recognised and enforceable by Mexican courts through a relatively streamlined recognition (exequatur) process.<\/p>\n<p>\u2022 Grounds for refusal are narrow and aligned with the Convention, primarily limited to due process violations, invalid arbitration agreements, or public policy concerns.<\/p>\n<p>\u2022 Mexico is considered an arbitration-friendly jurisdiction, and arbitration clauses, including in cross-border mining, financing and royalty agreements are routinely upheld.<\/p>\n<p>This framework provides a reliable enforcement backdrop for foreign investors, particularly in complex, cross-border mining transactions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have a critical or strategic minerals policy? If so, please provide a brief description.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico does not have a comprehensive, standalone \u201ccritical minerals policy\u201d comparable to jurisdictions such as Canada or Australia. Instead, it has adopted a targeted approach, focused primarily on lithium.<\/p>\n<p>Following the 2022\u20132023 reforms to the Mining Law:<\/p>\n<ul>\n<li>Lithium was expressly reserved to the Mexican State and removed from the concession regime.<\/li>\n<li>The State created Litio para M\u00e9xico (LitioMx) to oversee exploration and exploitation activities.<\/li>\n<li>Legacy concessions do not automatically confer lithium rights, which has introduced some degree of interpretative uncertainty in mixed-mineral projects.<\/li>\n<\/ul>\n<p>Beyond lithium, Mexico has not formally designated other minerals as \u201cstrategic\u201d under a unified framework. However, recent reforms and administrative practice suggest a broader policy trend toward:<\/p>\n<ul>\n<li>More controlled allocation of mining rights;<\/li>\n<li>Closer alignment between mining activity and industrial or energy policy objectives; and<\/li>\n<li>Increased regulatory scrutiny in certain projects.<\/li>\n<\/ul>\n<p>From a practical standpoint, while the absence of a formal policy provides flexibility, it also places greater importance on regulatory analysis and early-stage engagement with authorities. Investors and lenders are increasingly focused on:<\/p>\n<ul>\n<li>Confirming the scope of concession rights, particularly where strategic minerals may be present; and<\/li>\n<li>Assessing the regulatory pathway alongside traditional title and technical diligence.<\/li>\n<\/ul>\n<p>Overall, while only lithium has been formally reserved to the State, the framework reflects a more policy-driven approach to mineral development, which is relevant for structuring and risk allocation in mining transactions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the government in your jurisdiction provide state support for the mining industry (whether in your jurisdiction or abroad), for example by way of grants, loans, revenue support mechanisms or tax incentives?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico does not operate a broad, systematic regime of direct State financial support for the mining industry (such as grants, subsidies or revenue support mechanisms), particularly when compared to jurisdictions that actively incentivise minerals development.<\/p>\n<p>Historically, certain forms of support have existed through development institutions and public entities, including:<\/p>\n<ul>\n<li>Financing and technical assistance from development banks such as Nacional Financiera (NAFIN) and Banco Nacional de Comercio Exterior (Bancomext), typically on a case-by-case basis;<\/li>\n<li>Sector-focused financing through the Fideicomiso de Fomento Minero (FIFOMI), which has historically provided credit facilities and support to mining projects, particularly small and mid-sized operators; and<\/li>\n<li>Geological information, mapping and project promotion carried out by the Servicio Geol\u00f3gico Mexicano (SGM).<\/li>\n<\/ul>\n<p>Notwithstanding the above, current policy has moved away from actively promoting mining through financial incentives, and no material grant or subsidy programs are presently available at scale for private mining projects.<\/p>\n<p>From a tax perspective, Mexico does not provide specific incentives tailored to mining. Instead, the sector is subject to a dedicated royalty regime under the Federal Law of Governmental Rights, in addition to general corporate taxation. While standard tax rules (e.g., depreciation of fixed assets) apply, these are not mining-specific incentives.<\/p>\n<p>In practice, Mexico should be viewed as a jurisdiction where mining is permitted and regulated, but not actively subsidised. The State\u2019s role is more focused on oversight and resource management than on direct financial support. As a result:<\/p>\n<ul>\n<li>Project economics are generally market-driven rather than policy-supported;<\/li>\n<li>Financing structures rely primarily on private capital, streaming\/royalty arrangements and international lenders; and<\/li>\n<li>State-backed financing (including through development banks or FIFOMI) tends to be selective and transaction-specific, rather than programmatic.<\/li>\n<\/ul>\n<p>Looking forward, while there is no clear policy shift toward subsidies, certain macro trends such as nearshoring and the energy transition and the US Economic Policy, could drive more targeted support in areas linked to strategic supply chains. Any such support is likely to be focused, conditional and aligned with broader industrial policy objectives, rather than a return to broad-based mining incentives.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on foreign investment into the metals and mining [sector\/value chain]? If so, briefly outline the regime, including:  -\tWhich types of investments, investors, and transactions are subject to the restrictions? -\tDoes the acquisition of minority interests fall within the scope of the restrictions? -\tDo the restrictions apply to asset acquisitions? -\tAre there any pending proposals to amend the foreign investment review policy or related legislation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico generally maintains an open foreign investment regime for the mining sector, and foreign investors may participate in exploration and exploitation activities through Mexican-incorporated entities, which is the standard structure in practice.<\/p>\n<p>Mining is not a restricted sector under the Foreign Investment Law, and therefore:<\/p>\n<ul>\n<li>Foreign investors may hold up to 100% of the equity in Mexican mining companies;<\/li>\n<li>Mining concessions must be held by a Mexican entity, but such entity may be wholly foreign-owned; and<\/li>\n<li>There are no specific approval requirements solely by virtue of foreign ownership in mining operations.<\/li>\n<\/ul>\n<p>That said, certain indirect restrictions and regulatory overlays are relevant:<\/p>\n<ul>\n<li>Strategic minerals (notably lithium) are reserved to the State and therefore not open to private investment; and<\/li>\n<li>Land ownership in restricted zones (within 50 km of coastlines and 100 km of borders) may require trust structures (fideicomisos) for foreign investors; and<\/li>\n<\/ul>\n<p>In addition, foreign investment in Mexican entities is subject to ongoing reporting obligations before the National Foreign Investment Registry (<em>Registro Nacional de Inversiones Extranjeras<\/em> (RNIE)), including initial registration, periodic updates and notices of relevant corporate changes. While largely administrative, RNIE compliance is a standard closing and post-closing item in cross-border transactions.<\/p>\n<p>Restrictions do not materially differ between share acquisitions and asset deals:<\/p>\n<ul>\n<li>Both structures are generally permitted for foreign investors;<\/li>\n<li>In asset deals, mining concessions must be transferred in accordance with the Mining Law and registered before the Public Registry of Mining;<\/li>\n<li>Certain assets (e.g., land in restricted zones) may require additional structuring.<\/li>\n<\/ul>\n<p>From a financing perspective, Mexico is a well-developed jurisdiction for mining-focused structures, and foreign investors regularly participate through:<\/p>\n<ul>\n<li>Secured lending, typically backed by non-possessory pledges over mining concessions, shares, equipment and receivables, which must be perfected through registration (e.g., before the RUG and, where applicable, the Public Registry of Mining) and by mortgages of land assets and its further registration before the Public Registry of Property;<\/li>\n<li>Royalty arrangements, which can be structured contractually and, where properly documented (including Spanish-language and notarisation requirements), could be subject to registration to enhance enforceability against third parties; and<\/li>\n<li>Streaming agreements, commonly used by foreign investors, which are generally enforceable under Mexican law but require careful structuring to align with local law concepts (including tax law) and security packages.<\/li>\n<\/ul>\n<p>While these structures are widely accepted, their effectiveness is closely tied to proper perfection and registration mechanics under Mexican law. In particular:<\/p>\n<ul>\n<li>Priority and enforceability may depend on timely and proper registration;<\/li>\n<li>Registry practice (particularly for royalties) can be formalistic and may require follow-on proceedings if initially rejected; and<\/li>\n<li>Enforcement is ultimately subject to Mexican court procedures, even where underlying agreements are governed by foreign law.<\/li>\n<\/ul>\n<p>As such, these instruments are not restricted from a foreign investment perspective, but they require local law alignment to be fully effective in practice.<\/p>\n<p>There are no formal proposals currently in force to amend the foreign investment regime specifically for mining.<\/p>\n<p>In practice, Mexico remains open to foreign mining investment, but the key risk is not ownership restrictions, it is regulatory execution. The ability to secure and maintain concessions, permits and social licence, together with properly structured and perfected financing arrangements, has become the primary gating factor in mining transactions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on foreign investors repatriating their capital, profits, interest, dividends, or other related returns from mining investments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no restrictions whatsoever on foreign investors repatriating their capital, profits, interest, dividends, or other related returns from mining investments in Mexico.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on exports of any minerals and metals from your jurisdiction (for example, a ban on export of raw materials or government licenses or quotas required for the export of minerals)? Are there any local beneficiation requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>With exception of lithium, which as we have stated before it is reserved for the State, there are no restrictions whatsoever on exports of any minerals and metals from Mexico or local beneficiation requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any tariffs imposed by the government in your jurisdiction on export or import of minerals and metals out of or into your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico generally maintains a liberal trade regime for minerals and metals, with no broad-based export tariffs and relatively limited import duties, particularly where free trade agreements apply.<\/p>\n<p>Mexico does not impose general export tariffs on minerals or metals. Mining products can typically be exported without the payment of export duties.<\/p>\n<p>Any applicable charges are usually limited to:<\/p>\n<ul>\n<li>Administrative customs fees; and<\/li>\n<li>Compliance-related costs (e.g., inspections or certifications), rather than true tariffs.<\/li>\n<\/ul>\n<p>Import duties on minerals and metals depend on the tariff classification and the origin of the goods:<\/p>\n<ul>\n<li>Under Mexico\u2019s extensive network of free trade agreements (including the United States-Mexico-Canada Agreement (USMCA)), many minerals and metals benefit from preferential or zero-duty treatment when originating from partner countries;<\/li>\n<li>Imports from non-FTA countries may be subject to Most Favoured Nation (MFN) tariffs, although these are generally moderate for raw materials and inputs.<\/li>\n<\/ul>\n<p>While tariffs are not a significant barrier, certain products may be subject to:<\/p>\n<ul>\n<li>Anti-dumping or countervailing duties in specific cases; and<\/li>\n<li>Temporary trade measures where applicable.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>These are typically product-specific and case-driven, rather than part of a broader mining policy.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any government or local party requirements for any type of project across the metals and mining value chain in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mining projects in Mexico are not subject to formal local ownership or carried interest requirements. However, in practice, the development and operation of mining projects require extensive engagement with governmental authorities and local stakeholders, which function as de facto gating requirements across the value chain.<\/p>\n<p>Mining projects are subject to a multi-layered permitting regime, including:<\/p>\n<ul>\n<li>Mining concessions granted by the Ministry of Economy;<\/li>\n<li>Environmental authorisations (MIA) and related permits from SEMARNAT;<\/li>\n<li>Water concessions and discharge permits from CONAGUA; and<\/li>\n<li>Additional permits depending on the project (e.g., explosives permits from SEDENA, land use change, infrastructure and, where applicable, port-related authorisations).<\/li>\n<\/ul>\n<p>These approvals are sequential and interdependent, and delays in any component can materially impact project timelines.<\/p>\n<p>While there is no requirement for local equity participation, mining projects must secure surface rights separately from concession rights. This typically involves:<\/p>\n<ul>\n<li>Negotiation of lease, easement or temporary occupation agreements with private landowners or ejidos; and<\/li>\n<li>Compliance with agrarian law requirements, which may include formal assembly approvals in the case of communal land.<\/li>\n<\/ul>\n<p>In addition, projects must conduct social impact assessments and, where applicable, consultation processes with indigenous communities, which have become increasingly relevant in recent years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the legal nature of the mining rights and who owns them.  Can foreign investors own mining assets \u2013 or are JVs with local entities required?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Mexican law, all mineral resources are owned by the State pursuant to Article 27 of the Constitution. Private parties cannot acquire ownership of minerals in the ground, but may obtain the right to explore and exploit them through mining concessions granted by the federal government.<\/p>\n<p>Mining concessions confer a real administrative right (derecho real administrativo), which grants the holder exclusive rights to explore and extract minerals within a defined area, subject to compliance with applicable legal and regulatory requirements. Concessions are transferable, may be encumbered (e.g., through security interests), and are enforceable against third parties once duly registered before the Public Registry of Mining and following the rules provided in the Mining Law and its regulations.<\/p>\n<p>Concessions do not include surface rights, which must be acquired separately from landowners or agrarian communities.<\/p>\n<p>Foreign investors may fully participate in the mining sector. Concessions must be held by a Mexican-incorporated entity, but such entity may be 100% foreign-owned, and joint ventures with local partners are not required as a matter of law.<\/p>\n<p>In practice, foreign investors typically structure investments through Mexican subsidiaries, with joint ventures used selectively for commercial, operational or risk-allocation purposes rather than due to regulatory constraints.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the land tenure in the mining context, e.g.  -\tis the mining tenure separate from land tenure? -\tthe surface land owners\u2019 rights and obligations vis-\u00e0-vis the rights of the owner of the minerals sitting under the surface land (access, compensation etc).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Mexico, mining tenure is legally separate from land (surface) tenure. A mining concession grants rights over the subsurface minerals, but does not confer ownership or automatic access to the surface land.<\/p>\n<p>As a result, concessionaires must independently secure surface rights through:<\/p>\n<ul>\n<li>Lease, easement, or purchase agreements with private landowners; or<\/li>\n<li>Agreements with ejidos or agrarian communities, often requiring formal assembly approvals under agrarian law.<\/li>\n<\/ul>\n<p>Surface owners retain full property rights, subject to the possibility of granting access to the concessionaire in exchange for compensation, which is typically negotiated commercially.<\/p>\n<p>While the Mining Law provides certain specific mechanisms to obtain access (including temporary occupation or easements), in practice, negotiated agreements are the standard approach.<\/p>\n<p>Accordingly, land access and community engagement are often critical path items, and the balance between surface and subsurface rights is managed primarily through contractual arrangements rather than automatic legal priority.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline regime for granting exploration rights, including:  -\tscope of the licence\/permit\/concession  -\ttypical term and extension rights  -\tprocess \/ steps to acquire exploration rights  -\tobligations of the licence\/permit\/concession holder  -\ttransition from exploration rights to mining rights -\ttypical timelines and costs for applications<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Mexico, exploration and exploitation rights are not granted separately. A single mining concession confers the exclusive right to explore and exploit minerals within a defined area, subject to compliance with applicable legal and regulatory requirements. The concession does not include surface rights, which must be secured separately.<\/p>\n<p>Exploration and prospecting activities in new concession zones are exclusively managed by the Mexican Geological Survey (Servicio Geol\u00f3gico Mexicano). These activities are initiated through exploration orders published in the Mexican Official Gazette.<\/p>\n<p>Private entities may request the Ministry of Economy to authorise exploration in a specific area where they possess information on potential mineral deposits. In such cases, the Mexican Geological Survey may enter into collaboration agreements with the requesting party to conduct exploration activities.<\/p>\n<p>The requesting party has the right to be granted the new mining concession once the public bidding process is completed, provided that (i) they meet the requirements to qualify as a mining concession holder under the new Mining Law, and (ii) their economic proposal in favour of the Mexican State is at least 90% of the highest bid submitted during the process.<\/p>\n<p>Concessions are awarded through public bidding to ensure the Mexican state secures the best economic consideration. Holders of existing concessions may receive preferential rights over adjacent areas if they match the highest economic proposal.<\/p>\n<p>Under the new Mining Law, the term of mining concessions has been reduced from 50 years to 30 years. These concessions are extendable for an additional 25 years. Following this extension, a second 25-year renewal may be granted, but only through a public bidding process. In such cases, the original concessionaire will have a preferential right to match the highest bid.<\/p>\n<p>The first five years of a new mining concession are designated exclusively for pre-operative activities, and this period cannot be extended.<\/p>\n<p>Concession holders must fulfil several obligations:<\/p>\n<ul>\n<li>conduct social impact studies and implement restoration, closure, and post-closure plans;<\/li>\n<li>provide financial guarantees (eg, deposits, bonds or trusts) to support mitigation and compensation measures;<\/li>\n<li>obtain and report federal authorisations, including environmental, labour, and energy permits; and<\/li>\n<li>conduct prior, free, and informed consultations with indigenous and Afro-Mexican communities in affected areas.<\/li>\n<\/ul>\n<p>Concessionaires are subject to ongoing obligations, including:<\/p>\n<ul>\n<li>Payment of mining duties and surface fees;<\/li>\n<li>Compliance with minimum work and investment commitments;<\/li>\n<li>Submission of periodic technical reports; and<br \/>\n\u2022 Compliance with environmental, water and other regulatory requirements.<\/li>\n<\/ul>\n<p>Non-compliance may result in sanctions or cancellation.<\/p>\n<p>Timelines for obtaining new concessions are currently uncertain and potentially extended, particularly where public bidding processes apply or where new areas are not actively released.<\/p>\n<p>Costs associated with acquiring exploration rights are generally limited to:<\/p>\n<ul>\n<li>Application and registration fees; and<\/li>\n<li>Ongoing per-hectare mining duties, which escalate over time.<\/li>\n<\/ul>\n<p>However, the most significant costs arise post-concession, in connection with exploration programs, permitting, land access and community engagement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the regime for granting mining rights, including:  -\tscope of the licence\/permit\/concession  -\ttypical term and extension rights  -\tsteps to acquire mining rights  -\tobligations of the licence\/permit\/concession holder<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As noted in the exploration section above, Mexico follows a single concession system, under which a mining concession grants the exclusive right to explore and exploit minerals within a defined area. The concession constitutes a real administrative right, enforceable against third parties once registered before the Public Registry of Mining, and does not include surface rights, which must be secured separately.<\/p>\n<p>Under the new Mining Law, the term of mining concessions has been reduced from 50 years to 30 years. These concessions are extendable for an additional 25 years. Following this extension, a second 25-year renewal may be granted, but only through a public bidding process. In such cases, the original concessionaire will have a preferential right to match the highest bid.<\/p>\n<p>The first five years of a new mining concession are designated exclusively for pre-operative activities, and this period cannot be extended.<\/p>\n<p>The process for acquiring mining rights has shifted toward a more controlled allocation model, including potential public bidding procedures and greater State involvement (often through the Servicio Geol\u00f3gico Mexicano). In practice, the availability of new concessions remains limited, and transactions are frequently structured through transfers of existing concessions or corporate acquisitions.<\/p>\n<p>Concessionaires are subject to ongoing obligations as described in the exploration section, including payment of mining duties, work commitments and reporting obligations. At the exploitation stage, additional requirements become critical, in particular:<\/p>\n<ul>\n<li>Obtaining and maintaining environmental impact authorisations (MIA) and related permits;<\/li>\n<li>Securing water concessions and discharge permits;<\/li>\n<li>Formalising land access agreements with surface owners or agrarian communities; and<\/li>\n<li>Complying with operational, safety and, where applicable, explosives regulations.<\/li>\n<\/ul>\n<p>Failure to comply with these requirements may result in sanctions or cancellation of the concession.<\/p>\n<p>From a practical standpoint, while the concession provides continuity from exploration to production, tenure security is driven by the ability to successfully transition into and operate during the exploitation phase. In particular, environmental permitting, water availability and land access are the primary gating items for project development.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the royalties regime \u2013 i.e. any payments due to the government under any licenses and\/or leases described above.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mining concession holders in Mexico are subject to a statutory fiscal regime rather than a traditional \u201croyalty\u201d payable under the concession itself. Payments to the government operate as mandatory duties linked to mining activity.<\/p>\n<p>The regime includes:<\/p>\n<ul>\n<li>A special mining duty of 7.5% applied to a base broadly calculated on an EBITDA-like metric (i.e., revenues from mineral sales minus certain deductible costs);<\/li>\n<li>An extraordinary mining duty of 0.5% on gross revenues derived from the sale of gold, silver and platinum; and<\/li>\n<li>Surface fees (derechos sobre miner\u00eda) payable on a per-hectare basis, which increase progressively depending on the age of the concession.<\/li>\n<\/ul>\n<p>These payments are in addition to general corporate income tax and other applicable taxes.<\/p>\n<p>Following the 2023 amendments to the Mining Law, additional economic components have been introduced for new concessions granted after the 2023 enactment:<\/p>\n<ul>\n<li>At the concession granting stage, the State may require the payment of an economic consideration (contraprestaci\u00f3n econ\u00f3mica), typically determined through public bidding procedures, effectively allowing the government to capture additional value as part of the award process; and<\/li>\n<li>At the operational stage, concessionaires are required to provide economic benefits to local communities, reinforcing the social dimension of mining projects and aligning with broader ESG and social licence considerations.<\/li>\n<\/ul>\n<p>From a practical standpoint, the Mexican regime is evolving from a purely statutory royalty framework into a broader economic participation model, where the State captures value through duties and concession-linked consideration; and communities are increasingly recognised as stakeholders with an economic interest in project development.<\/p>\n<p>Overall, while the statutory fiscal regime remains relatively standardised, recent reforms introduce additional layers of economic participation that are relevant for project modelling, stakeholder management and long-term operational stability.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to assign and\/or grant security over tenements in your jurisdiction? If so please briefly describe the process, including any regulatory requirements (e.g. approvals).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Transferring a mining concession requires prior approval from the Ministry of Economy. Approval is granted if the acquiring party demonstrates compliance with the requirements for being a concession holder.<\/p>\n<p>Concession holders may grant liens or security interests over their mining rights to secure obligations, provided the concession relates to an operating mine.<\/p>\n<p>Although the 2023 Mining Law Reform introduced new rules governing assignments, transfers, and security interests, the absence of an implementing Regulation has created a legal and administrative gap.<\/p>\n<p>In practice, until the new Regulation is issued, the Ministry of Economy continues to process and authorise concession transfers according to the procedural and substantive criteria of the pre-2023 regime.<\/p>\n<p>As a result, despite the legislative reform, concession transfers are still being carried out under the same framework, requirements, and administrative practices that existed before the 2023 amendments.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline any indigenous or local community rights relevant in the mining context, including implementation of FPIC (Free, Prior, and Informed Consent) principles in your jurisdiction.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Mexico, the issue of community relations in mining projects is of great importance and is subject to specific regulations and an increasing focus on corporate social responsibility. The issue is even developed at the constitutional level and criteria have been defined by the Supreme Court of Justice.<\/p>\n<p>Article 6\u00b0 of the Mining Law contemplates the obligation to carry out a prior, free and informed consultation process with indigenous and Afro-Mexican people or communities in the area of the mining concessions. Some considerations of the consultation are:<\/p>\n<ul>\n<li>the consultation will be carried out under the direction of the Ministry;<\/li>\n<li>it must adhere to the principles of being prior, free, informed, adequate, and conducted in good faith, and be simultaneous and supplementary to that required for obtaining the environmental impact statement, which must include information on the social impact study; however, said study will only be submitted after the mining concession bid has been awarded; and<\/li>\n<li>the cost will be covered in advance by the applicant for the mining concession.<\/li>\n<\/ul>\n<p>The recipient of a new concession in an area with existing indigenous or Afro-Mexican peoples or communities must sign an agreement to obtain the land use permit as well as to pay a consideration of at least 5% of the profits from the mining activity to the affected community, so the agreements signed with the communities for granting a new concession will have a fixed legal basis rather than being subject to discretionary criteria.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the environmental protection regime applicable to the mining industry, including:  -\tWhat environmental impact assessments are required? -\tany requirements for rehabilitation bonds and guarantees -\tany mine closure obligations -\tconsequences for failure to comply with applicable environmental laws and regulations<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mining activities in Mexico are subject to a comprehensive federal environmental regime, primarily administered by the Ministry of Environment and Natural Resources (SEMARNAT), with additional oversight from other authorities depending on the matter (e.g., water, waste and forestry).<\/p>\n<p>The cornerstone of the regime is the Environmental Impact Assessment (<em>Manifestaci\u00f3n de Impacto Ambiental \u2013 MIA<\/em>), which is required prior to the development of mining projects. Key features include:<\/p>\n<ul>\n<li>Submission of a detailed study assessing environmental risks, mitigation measures and project impacts;<\/li>\n<li>Review and approval by SEMARNAT, which may impose conditions and ongoing obligations; and<\/li>\n<li>In certain cases, a regional MIA or additional authorisations (e.g., land use change in forest areas) may be required.<\/li>\n<\/ul>\n<p>The MIA is a critical path permit, and project timelines are heavily dependent on its approval.<\/p>\n<p>Mexico does not impose a uniform, statutory requirement for rehabilitation bonds comparable to some other jurisdictions. However:<\/p>\n<ul>\n<li>SEMARNAT may require financial guarantees or specific remediation commitments as part of the MIA approval conditions; and<\/li>\n<li>Environmental liability obligations apply regardless of whether a bond is in place.<\/li>\n<\/ul>\n<p>As a result, while not standardised, financial assurance mechanisms may arise on a project-specific basis.<\/p>\n<p>Concessionaires are required to implement closure, remediation and environmental restoration measures at the end of a project\u2019s life. These obligations typically derive from:<\/p>\n<ul>\n<li>Conditions set out in the MIA and related permits; and<\/li>\n<li>General environmental liability principles under Mexican law.<\/li>\n<\/ul>\n<p>Closure planning is therefore embedded in the permitting process, and operators are expected to restore affected areas and mitigate environmental impacts.<\/p>\n<p>Failure to comply with environmental laws and permit conditions may result in:<\/p>\n<ul>\n<li>Administrative sanctions, including fines and corrective measures;<\/li>\n<li>Suspension or closure of operations;<\/li>\n<li>Revocation of environmental authorisations; and<\/li>\n<li>Potential civil and criminal liability in cases of environmental damage.<\/li>\n<\/ul>\n<p>In addition, non-compliance may have knock-on effects on mining rights, as failure to maintain required permits can impact the ability to lawfully operate under the concession.<\/p>\n<p>In practice, environmental permitting is one of the primary gating factors for mining projects in Mexico. The regime has become increasingly stringent, with greater scrutiny on:<\/p>\n<ul>\n<li>Water usage and availability;<\/li>\n<li>Tailings and waste management; and<\/li>\n<li>Community and environmental impact.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline if any specific health and safety regulations apply to the mining industry.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mining activities in Mexico are subject to a specific health and safety framework, primarily governed by the Federal Labor Law and a set of Official Mexican Standards (Normas Oficiales Mexicanas \u2013 NOMs) applicable to mining operations.<\/p>\n<p>The applicable NOM establishes detailed requirements for health and safety conditions in underground and open-pit mining, including:<\/p>\n<ul>\n<li>Risk identification and prevention measures;<\/li>\n<li>Ventilation, ground control and equipment safety standards; and<\/li>\n<li>Emergency response and accident reporting protocols.<\/li>\n<\/ul>\n<p>Oversight is carried out by the Ministry of Labor and Social Welfare (STPS), which has authority to conduct inspections and impose sanctions.<\/p>\n<p>Employers are required to implement internal safety management systems, provide training and ensure compliance with applicable NOMs.<\/p>\n<p>Failure to comply may result in fines, suspension of activities or closure of operations, and in serious cases, potential civil or criminal liability.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline any obligations for disclosure of climate change risks applicable across the mining value chain in your jurisdiction. Please specify if there are any pending proposals to amend the applicable law to introduce or extend these obligations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico does not currently impose a mining-specific regime for disclosure of climate change risks. However, certain obligations arise under broader environmental and corporate frameworks.<\/p>\n<p>From an environmental standpoint, climate-related considerations may be indirectly addressed through the Environmental Impact Assessment (MIA) process, where project proponents must evaluate and mitigate environmental impacts, including emissions and resource use.<\/p>\n<p>At a corporate level, publicly listed companies (including mining issuers) may be subject to disclosure obligations under securities regulations, which increasingly incorporate ESG and climate-related risk reporting, aligned in part with international standards.<\/p>\n<p>In addition, Mexico has adopted general climate policy frameworks (e.g., the General Law on Climate Change), although these do not currently impose specific disclosure requirements at the project level.<\/p>\n<p>There are no formal, binding proposals currently in force to introduce a comprehensive climate disclosure regime specific to mining. However, regulatory and market trends point toward increased alignment with international ESG standards, particularly for companies accessing global capital markets.<\/p>\n<p>In practice, climate risk disclosure in Mexico is driven more by investor expectations and international reporting standards than by prescriptive local regulation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any decarbonisation obligations applicable to the market players across the mining value chain in your jurisdiction? Please specify if there are any pending proposals to amend the applicable law to introduce or extend these obligations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico does not currently impose sector-specific decarbonisation obligations on mining companies. However, mining operators are subject to general environmental and climate-related frameworks that indirectly address emissions and energy use.<\/p>\n<p>Under the General Law on Climate Change and related regulations, Mexico has established national emissions reduction targets and a regulatory framework that includes:<\/p>\n<ul>\n<li>The National Emissions Registry (RENE), which requires reporting of greenhouse gas emissions for entities exceeding certain thresholds; and<\/li>\n<li>A developing emissions trading system (ETS), currently in a pilot phase, which may apply to energy-intensive sectors, including mining.<\/li>\n<\/ul>\n<p>In addition, environmental permits (including the MIA) may impose project-specific mitigation measures, particularly in relation to energy consumption, water use and emissions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any other relevant decarbonisation and climate change related laws and regulations in your jurisdiction  that could affect he market players across the mining value chain in your jurisdiction (e.g. carbon tax).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While Mexico does not impose mining-specific decarbonisation mandates, several cross-sector climate regulations may affect mining operators.<\/p>\n<p>Most notably, Mexico has implemented a carbon tax under the Special Tax on Production and Services Law (IEPS), which applies to the sale and import of fossil fuels based on their carbon content. While the tax is relatively modest, it can indirectly impact mining operations through increased energy and fuel costs, particularly for diesel-intensive activities.<\/p>\n<p>In addition, facilities exceeding certain thresholds must report emissions to the National Emissions Registry (RENE), which forms part of Mexico\u2019s broader climate policy framework.<\/p>\n<p>Mexico is also advancing an emissions trading system (ETS), currently in a pilot phase, which is expected to evolve into a compliance market and could apply to energy-intensive industries, including mining.<\/p>\n<p>In practice, these measures primarily affect mining indirectly, through cost structures and reporting obligations, rather than imposing direct operational limits.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any unusual taxes that apply specifically to entities carrying out mining activities (in addition to the usual income and corporate taxes and excluding any carbon taxes that (if any) will be covered in the section above).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Referred above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Other key regulatory and market developments<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><ul>\n<li>Regulations to the Mining Law<\/li>\n<\/ul>\n<p>The Regulation of the Mining Law provides detailed guidance on the implementation of the Mining Law. It specifies the procedures for applying for concessions, conducting exploration and exploitation activities, fulfilling concession holders\u2019 obligations, and defining the authorities\u2019 roles and responsibilities, among other operational and administrative matters.<\/p>\n<p>Following the enactment of the new Mining Law, new Regulations consistent with its provisions are expected to be issued. However, as of the date hereof, the new Regulations have not yet been enacted, and the previous Regulations, aligned with the former Mining Law, remain in force.<\/p>\n<p>This regulatory vacuum has taken on greater significance following the September 2025 ruling of the Mexican Supreme Court (SCJN), which held that mining concession applications and related expectations do not constitute vested rights, but rather contingent interests dependent on the legal framework in force when the authorities issue their decision. Although the Court reaffirmed the State\u2019s sovereign authority to redefine the rules governing natural resource exploitation, it also underscored the need for clear regulatory instruments to define the scope and continuity of concession holders\u2019 rights.<\/p>\n<p>Had the new Regulation been issued, it would provide the operational framework needed to determine which substantive rights, particularly those associated with concessions granted before the 2023 reform, remain protected and which are subject to the new regime. In its absence, companies must navigate a period of legal uncertainty, relying on administrative discretion and evolving judicial criteria to interpret the reach and applicability of the amended Mining Law.<\/p>\n<ul>\n<li>United States Critical Minerals Strategy<\/li>\n<\/ul>\n<p>From a broader market perspective, recent policy initiatives in the United States Critical Minerals Strategy are likely to have a positive spillover effect on Mexico\u2019s mining sector.<\/p>\n<p>The US is actively seeking to secure and diversify supply chains for critical minerals, with a clear emphasis on nearshoring and regional integration. Given Mexico\u2019s geological potential, established mining industry and proximity to the US market, this creates an opportunity for Mexico to play a more prominent role within North American supply chains.<\/p>\n<p>In practice, this may translate into increased foreign investment, strategic partnerships and offtake arrangements, particularly for minerals linked to the energy transition. While this is not yet reflected in a specific domestic policy framework, it is a relevant macro trend that is already influencing transaction structuring and investment appetite.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6253<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/139636","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=139636"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}