Answer ... Interest in ESG is steadily growing in Mexico. Although the laws and regulations relating to ESG implementation, compliance and disclosure remain underdeveloped, several efforts have been made by Mexican regulators and stakeholders, especially in the financial industry. One example is the issuance of the General Provisions in Financial Matters applicable to the Retirement Saving Systems in 2022, which provide guidelines on ESG-related matters that must be followed by retirement fund managers (AFOREs) and investment companies specialised in retirement funds (SIEFOREs).
In 2020, a new General Law of Corporate Responsibility and Due Diligence was proposed in the federal Senate to promote responsible behaviour of companies and avoid negative impacts that may be associated with their activities in relation to supply chains and other commercial relations, workers’ conditions, human rights and environmental protection, among other things. However, this proposal did not gain traction and has not been discussed in legislative commissions.
The Mexican Association of Retirement Funds Managers (AFOREs) recently announced that it is working with the public and private sectors on an ESG taxonomy, to be launched later this year. The aim is to define what ESG investment means, ensure that investments selected by the retirement funds meet such ESG objectives and thus avoid greenwashing.
Mexico is one of the countries with the highest number of international trade treaties, which makes it a very open economy. In our opinion, international trade, the increasing presence of global institutional investors and the international standards used by financing entities will continue to raise the bar on ESG matters for participants in the Mexican market.
We have also seen the successful implementation of a diversified approach involving the participation of various different sectors. The main components of this approach include:
- public bids for the development of solar, wind and geothermal energy generation projects;
- the issuance by the Energy Regulatory Commission of clean energy certificates that certify the production of a certain amount of electricity from clean energy;
- the introduction of a special federal tax on fossil fuels for carbon content and several local environmental impact and emissions taxes;
- reforms to the General Law on Climate Change and Energy Transition Law, which oblige the Mexican government to implement an emissions trading system (ETS) and continue supporting the development of clean energy projects; and
- the support and implementation of voluntary carbon offsets with the participation of multiple private stakeholders, mainly through standard verification processes such as Verra and Gold Standard.
The implementation of an ETS is one of the government’s solutions to achieve the goals of the Paris Agreement by obliging and incentivising companies to use green fuels or to modify their operations to reduce emissions. Currently, the ETS is in a test stage, in which the only participants are facilities that conduct activities in the energy and industry sectors and whose annual emissions are equal to or greater than 100,000 tons of direct carbon dioxide emissions.
It is safe to predict that in the coming years, the framework of hard and soft law regarding ESG-related matters will continue to grow, and that as a result more companies will implement and adopt ESG strategies and criteria in their operations.