Mexico Infrastructure Forum 2019 Impact Report by Mexico Business Publishing

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2019 The infrastructure sector in Mexico has experienced a tumultuous year as the new federal administration settled in, rolled up its sleeves and rolled out a new direction in key areas that will define the economic backbone of the country for years to come.

Change and adjustment are the hallmarks of the year in the sector. Among key projects, the government has highlighted The Mayan Train as the most important, aiming to foster socio-economic development and tourism growth in the south. The Mayan Train is a 1,525km construction that will connect the states of Chiapas, Tabasco, Campeche, Yucatan and Quintana Roo. Other infrastructure programs will target the country’s socio-economic growth. These include the development of the Tehuantepec Isthmus, which will seek to strengthen the logistics of Veracruz and Oaxaca by modernizing the railway segment and generate greater social welfare in the area. The new Santa Lucia Airport, replacing the canceled New Mexico International Airport project that was already started in Lake Texcoco, is another plank in the government’s infrastructure planning. It is expected to have three runways serving more than 20 million passengers a year.

For its part, the private sector is still waiting for greater certainty as to the direction the sector will follow, the public investment to be made available, and how these players will be able to integrate into the new landscape.

Mexico Infrastructure & Sustainability Summit 2019, an unparalleled platform for cultivating business relationships, brings together the most important players in the infrastructure sector to address the challenges, as well as the new opportunities that have arisen from the transition.

2019

Quick Look:

“Iberian companies have confidence in the country and will invest in major projects announced by López Obrador." Antonio Basagoiti, President of the Spanish Chamber of Commerce in Mexico

INCLUDING: ∙ Antonio Basagoiti, Spanish Chamber of Commerce ∙ Esteban Lecumberri, KPMG ∙ Roberto Ballinez, HR Ratings ∙ Francisco Javier Castañeda, Grupo Calidra

20 TOP SPEAKERS

∙ Manuel Juárez Solano, Sacyr Construcción ∙ Gastón Wainstein, Walmart México y Centroamérica ∙ Carlos García, Coldwell Banker Commercial ∙ Ignacio Morales, Former Attorney General and Public Notary ∙ Gerónimo Gutiérrez, Managing Partner at BEEL Infrastructure

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101 COMPANIES REPRESENTED

“The federal government's openness toward private investment generates optimism and ... there are several opportunities to explore.” Roberto Ballinez, Executive Director of Public Finance and Development for HR Ratings.

137 PARTICIPANTS

“Mexico Infrastructure & Sustainability Summit brought together experts from the infrastructure sector who took the opportunity to say the private sector is willing to invest and partner with the public sector.” El Sol de México

P R O GR A M

07:30 REGISTRATION 08:30 INFRASTRUCTURE: BACKBONE OF THE MEXICAN ECONOMY Presentation: Eduardo Ramírez, President of the Mexican Chamber of the Construction Industry (CMIC) 09:15

SPANISH COLLABORATION: DOOR TO NEW OPPORTUNITIES

Presentation: Antonio Basagoiti, President of the Spanish Chamber of Commerce in Mexico 10:00

NETWORKING COFFEE BREAK

10:45

PRIVATE INVESTMENT TO BRIDGE MEXICO’S INFRASTRUCTURE GAP

Moderator

Othon Pérez Martínez, Business Development Director of FOA Consulting

Panelists:

Gerónimo Gutiérrez, Managing Partner at BEEL Infrastructure

Esteban Lecumberri, Director, Infrastructure of KPMG in Mexico

Jack Levy, Founder and Chairman of Grupo VEQ

11:30

THE FUTURE OF MEXICO’S TRANSPORT INFRASTRUCTURE

Moderator:

Luis Rubio, Executive Partner at Holland & Knight

Panelists:

Roberto Ballinez, Senior Executive Director of Public Finance and Infrastructure at HR Ratings de México

Francisco Javier Castañeda, Country Manager of Grupo Calidra

Manuel Juárez Solano, Business Development Director of Sacyr Construcción Mexico

Roberto Martínez, Head of the OECD Mexico Center and Latin America

12:15

NETWORKING COFFEE BREAK

12:45

SOLUTIONS FOR MEXICO’S GROWING WATER MANAGEMENT CHALLENGES

Moderator:

Diego Torroella, Director General of TENOVA TAKRAF Mexico

Panelists:

Gerardo González, Planning Director of SACMEX

Federico Casares, Business Development and Institutional Affairs Director of Veolia

Jesús Torres, Director General of TECSA and IACMEX

13:30

NETWORKING LUNCH

15:00

OMNICHANNEL: THE REAL ESTATE ASPECT

Moderator:

Alessa Flores, Senior Journalist & Industry Analyst at Mexico Business Publishing

Panelists:

Enrique Villanueva, Development Director of Pulso Inmobiliario

Gastón Wainstein, Senior Vice President of Real Estate Development and M&A, and Member of the Executive Committee at Walmart México y Centroamérica

Carlos García, Senior Vice President Industrial and Logistics of Coldwell Banker Commercial

16:00

ASSET FORFEITURE LAW: CHALLENGES OF PRIVATE PROPERTY IN MEXICO

Presentation: Ignacio Morales, Former Attorney General and Public Notary of Notary 116 16:30

NETWORKING COCKTAIL

COMPA N Y AT T E N DA N C E 3difica Academia de la Industria Aerocharter Akza ALLIANCE COMMUNICATIONS MEXICO AMDETUR ANCE Australian Trade and Investment Commission Bconnect BEEL Infrastructure Partners BP Bridgestone Latin America North Bureau Veritas BXH Calidra Camara de Comercio de Austria (Advantage Austria) Camara de Comercio de la Embajada de Brasil CAMESCOM CHG-Meridian ColdWell Banker Colliers International COMCE Comex Constructora Insur Copachisa Cova Consultores CREA CROCSA Equidad Financiera EQUITABLE ORIGIN ERM Fitch Ratings FOA Consulting FR-EE Fernando Romero Enterprise Fundación Dibujando un Mañana Gobierno del Estado de Tamaulipas Grupo BAM Grupo Calidra Grupo Expansión Grupo Salinas Grupo SCL Mexico Grupo VEQ Holcim Holland & Knight HONEYWELL HR Ratings Iberdrola Imperquimia Indeplo INDRA SISTEMAS MEXICO (Minsait) Informa Markets Instituto Mexicano de Ciudades Inteligentes JLL MEXICO

KPMG

Saint Joseph Estratego

Marverde Infraestructura

Sandvik

Metso

Secretaría de Infraestructura, Conectividad y

Moodys Investors Service

Movilidad

Murguia

Selecsa

Nido

Steer Group

Nokia

SUMe

Notaría 116

TADCO CONSTRUCTORA

Novidesa

TAKRAF

NTA MEXICO

TECSA and IACMEX

O'Donnell

Ticsa

OECD

TMM

Orange Investments

Top Management México

Piedra Angular

Typsa

PPG

U.S. Embassy in Mexico

Prosic

ULMA

Pulso Inmobiliario

Veolia

Rail Mex Industries

Walmart

Recinto Escandon

WeWork

Revitaliza Consultores

Williams Scotsman

RIZOMA

Wood

SACMEX

Woods & Smith LLP

Sacyr

WRI México

5 MEMBERS OF THE PRESS

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8,206 IMPRESSIONS

KEY SPEAKER

SPANISH COMPANIES BUILDING NEW OPPORTUNITIES IN MEXICAN INFRASTRUCTURE Spanish companies have built a solid presence in foreign direct investment to Mexico, setting a particularly strong footprint in the country’s infrastructure industry, Antonio Basagoiti, President of the Spanish Chamber of Commerce in Mexico, said in his opening presentation at the Mexico Infrastructure & Sustainability Summit 2019 at the Hotel Marquis in Mexico City on Wednesday. Spain accounts for 12 percent of all FDI to Mexico, making it the second-biggest investor in the country. This includes large international companies, small to medium-

ANTONIO BASAGOITI

sized businesses, including family businesses, and public bodies. Of all foreign

President of the Spanish Chamber

investment in Mexican infrastructure, 24 percent is of Spanish origin. “This shows

of Commerce in Mexico

our commitment to this country is for the long term,” Basagoiti said.

Antonio Basagoiti has a law degree from Deusto University. He arrived

Basagoiti recognizes that there have been recent challenges to foreign investors.

to Mexico in 2013, when he was

Large infrastructure projects have been a subject of political battles. But he pointed

appointed Business Director for the

out that the new government is also setting an ambitious agenda of new projects,

Americas Division at Santander.

which include the Santa Lucia airport, the remodeling of the current international

Basagoiti has occupied several

airport of Mexico City, the Maya Train project, the goal to connect the coasts of the

positions in the bank and is currently

Isthmus of Tehuantepec, the new ports of Veracruz and Lazaro Cardenas, and the

Executive Director and Head of the

modernization of various federal highways. “Significantly, this government has also

Large Corporations Division. Basagoiti

stated its intention to complete highways that remained unfinished under previous

has participated in different forums

administrations, like the road between Oaxaca and Escondido. Together, these

and institutions with a social, economic

projects would mark the biggest infrastructure investment in 24 years,” he said.

and political focus and since 2018, he has been President of the Spanish

Adapting to the new direction is a challenge but one that Spanish companies will

Chamber of Commerce in Mexico.

take on, he added. “Spanish companies working in Mexico will adapt to current strategies for the development of Mexico.” He also highlighted that the “Spanish private sector continues to look at Mexico as a prime investment destination. The technology behind the Tren Maya is Spanish.” Spanish companies have built a formidable reputation in infrastructure bec ause the sector experienced rapid growth and consolidation in Spain over the last few decades. Companies which built a lot of capacity and experience are now finding opportunity abroad, Basagoiti said. Among the renowned international projects managed by Spanish companies are the newest tunnels in Istanbul, bridge projects

H I GH L I GH TS 2 019 in the UK, the Lima and Ryadh metros and various international airports. Basagoiti also pointed out that Spanish companies can contribute in the engineering stage, the construction work, and the financing of projects. Examples of Mexican projects that have had Spanish participation are the Maya Train and the Western Highway Toll network. Basagoiti was also keen to point out that Spanish companies, and the chamber itself, are always looking to work with local businesses and employ Mexican nationals. “The willingness to share experience and commit to working with a local workforce is not always the case for international companies, but for our members it is a primary objective,” he said. Another area which is high on the chamber’s agenda is to foment ethical business practices which promote social development and a conscious environmental footprint. “These days, companies are more and more

“The Spanish private sector continues to look at Mexico as a prime investment destination. The technology behind the Tren Maya is Spanish.” Antonio Basagoiti, President of the Spanish Chamber of Commerce in Mexico

concerned with doing things in a clean manner, using their projects to improve the living conditions of the communities who live in the areas,” he said. This is a goal his chamber always tables in its meetings with private and public bodies. With a presence in Monterrey, the Bajio region, Cancun and Mexico City, the chamber holds frequent discussions with government entities at different levels. Basagoiti recognizes that the Mexican government has the sovereignty to make its own decisions, but he hopes the industry can move toward the adoption of international standards that provide clarity and continuity. “Carrying out infrastructure projects is not enough today. They must be done ethically, transparently and efficiently.” In his closing words, Basagoiti emphasized Mexico’s bright future. Apart from the projects announced by the government, there are many more areas which will provide opportunities. Mexico has a very favorable geographical location and remains open

KEY SPEAKER

for international business. He also reiterated the obligation of the sector to contribute to social development and help conserve the country’s rich cultural heritage. “Mexico will inevitably grow if the right measures are taken,” he said. “Spanish companies are key partners to detonate the country’s potential.”

PRIVATE INVESTMENT TO BRIDGE MEXICO’S INFRASTRUCTURE GAP Mexico needs to incorporate a long-term view when drawing up plans for the infrastructure necessary to push its economy forward and to attract the private

JACK LEVY

investment that could help see projects to fruition, panelists at the Mexico

Founder and Chairman of Grupo VEQ

Infrastructure & Sustainability Summit 2019 told the audience at the Hotel Marquis

Jack Levy founded Grupo VEQ (Vertical

in Mexico City on Wednesday. “The risk should be spread across different parties,

Quality) in Zapopan, Jalisco in 2005.

and not be a burden for just the government,” said Gerónimo Gutiérrez, Managing

Grupo VEQ’s real estate projects

Partner at BEEL Infrastructure.

include Aria Ocean in Nuevo Vallarta,

The panel, titled Private Investment to Bridge Mexico’s Infrastructure Gap and

Tulum and Meridiano 101 in Leon.

moderated by Othon Pérez Martínez, Business Development Director of FOA

Before becoming an entrepreneur,

Consulting, looked at the actions needed from all sides to attract private money

Levy was on the team that developed,

Bohemian and BOHO Región 15 in

and build solid projects. “What is key is to have a mechanism to draw up these

constructed and sold the Aura building

plans, with the goal being a long-term commitment to the growth of this country,”

in Guadalajara, the tallest in the city

said Estéban Lecumberri, Director of Infrastructure at KPMG in Mexico. Jack Levy,

in 2004. Levy also was a three-time

Founder and Chairman of Grupo VEQ, added that it takes more than one party to

champion (2002-2004) as a driver for

ensure successful projects. “Teamwork and defining a common goal as a community

Formula Renault.

HIG HL I G HTS 201 9 is the key to creating good infrastructure projects, which will automatically attract private investment,” he said. All participants agreed that a long-term vision was needed to attract greater investment in Mexico, where government administrations are limited to six-year terms. The current landscape causes uncertainty, which leads investors to hold back their capital, in turn leading to project delays and ultimately, higher costs. “Trust and certainty would help the country move and progress. Investors see that the ground is not very stable,” said Levy. Added Esteban: “Corruption and insecurity are as damaging as uncertainty.”tGutierrez highlighted the elements that

“Trust and certainty would help the country move and progress. Investors see that the ground is not very stable.” Jack Levy, Founder and Chairman of Grupo VEQ

could promote private investment. “First, is certainty as we’ve already said. Second, investors need to know what percentage of participation the government is willing to give them. The third factor is to have effective mechanisms for bureaucratic processes, and lastly, clear legal frameworks and litigation processes, mostly for concessions.”

Another factor that plays into the landscape is the public and its perception of infrastructure projects, the government and the role of private businesses. “The public needs to have a clear understanding of what infrastructure in needed, so they can vote according to their interests,” said Lecumberri. He added that education was needed to ensure people were making informed opinions. “Our work as companies needs to be to communicate our projects, from how we choose them as an investor to how we develop them. That way, community can have informed opinions and an understanding of the project.” Levy added that “presidents and governors should not focus so much on public opinion, because (projects) will generate debt, but that does not mean that it is a bad thing, because the effect will be to address and prevent a future problem.” The panelist agreed that more financing options were needed to attract more private investment, along with incentives. The government’s austerity measures are also an impediment to strengthening the country infrastructure backbone. “Institutional strength worries me,” said FOA Consulting’s Pérez. “With austerity, we have been facing loss of capacity and talent. We might have the project but no people to work on them and develop them.”

H I GH L I GH TS 2 019 CHALLENGES, OPPORTUNITIES IN THE TRANSPORT INFRASTRUCTURE CONUNDRUM Transport infrastructure is key to Mexico’s development. On the one hand, investing in transport will kick-start the country’s productivity. Moreover, good transport can potentially alleviate regional inequality, which has grown in Mexico in the last decades, panelists said at the Mexico Infrastructure & Sustainability Summit on Wednesday at Mexico City’s Hotel Marquis. The conundrum is that the public sector lacks sufficient resources to undertake this investment on its own, especially “due to Mexico’s growth outlook, which is around 1.3 percent for 2020,” added Roberto Ballinez, Senior Executive Director of Public Finance and Infrastructure at HR ratings de México. Ballinez is cautiously optimistic on López Obrador’s

percent of merchandise is transported by train in the

“Transparency, democratic decision-making, efficiency and inclusion are crucial, and all key players must be taken into account in order to achieve these ideals."

north of the country, but only 10 percent in the south.

Roberto Martínez, Head of the OECD Mexico Center

disposition for dealing with this conundrum. “Even when the government is taking too long to define the course it will take on transport infrastructure, it is good that the door for private investment remains open. Tendering processes on projects, especially in Mexico’s south, is crucial,” he said. Ballinez went on to explain that modernizing railroads is one area of opportunity, as 30

With respect to the necessary cooperation between public and private players, Francisco Javier Castañeda, Country Manager of Grupo Calidra, remarked: “As public resources are insufficient, they must be used smartly, with the aim of detonating private investment. However, the government must provide a framework of legal

KEY SPEAKER

certainty and rule of law for private players to invest. Mexico as a whole must assume this important challenge.” To Castañeda’s point, Roberto Martínez, Head of the OECD Mexico Center, added that certain international best practices can be implemented so as to provide certainty. “In Australia, for example, there is a system of independent planning councils, which work beyond political cycles, certifying the viability of projects and guaranteeing that they will be completed regardless of the party in power.” Martínez insisted on the concept of good governance in transport infrastructure projects. “Transparency, democratic decision-making, efficiency and inclusion are crucial, and all key players must be taken into account in order to achieve these ideals,” he added.

ESTEBAN LECUMBERRI Director, Infrastructure,

Manuel Juárez, Business Development Director of Sacyr Construcción Mexico, also

KPMG in Mexico

underlined the importance of transport infrastructure for Mexico’s development.

Esteban Lecumberri provides financial

Even when he acknowledged that the country’s competitiveness is not terrible when

advisory services to organizations

compared to other Latin American countries, he insisted on the possibility to improve.

in the energy and infrastructure

To this end, Juárez said that it would be smart to invest in the maintenance and

sectors. He joined KPMG in 2006 as

modernization of Mexico’s existing transport network.

a member of the financial valuations group, conducting business valuation

While undertaking new projects is certainly important—in his view, a train uniting

projects, purchase price allocation

Mexico City and Queretaro would be highly beneficial—he noted that the country’s

engagements, impairment analysis

roads and hubs are in need of service. “This updating should be done with a view to

and intangible assets valuations.

making infrastructure compatible with the new needs and technologies of today’s

Since joining KPMG’s infrastructure

rapidly changing economy,” he said. Juárez coincided with the notion that the

team in Mexico, Lecumberri has

public sector has to detonate investments, leaving development to the expertise of

been responsible for leading financial

properly-incentivized private players. He also remarked that private players, while

modelling engagements, financial

ready to partner up with the public sector for the benefit of Mexico’s economy, are

model due-diligence services and

in a wait and see mode with respect to the decisions the government will take in

advising clients on project finance

order to boost investment in the country.

engagements, among other services.

SOLUTIONS FOR MEXICO’S WATER MANAGEMENT CHALLENGES Managing Mexico’s water resources and infrastructure will take a concerted effort between public entities and the private sector, Federico Casares, Business Development and Institutional Affairs Director at Veolia, said at Mexico Infrastructure & Sustainability Summit 2019, held at the Hotel Marquis in Mexico City on Wednesday. “Public-private

KEY SPEAKER

partnerships are fundamental to water infrastructure development in Mexico,” he said. Casares was speaking as part of a panel discussing Solutions for Mexico’s Growing Water Management Challenges. Moderator Diego Torroella, Director General of Tenova TAKRAF, outlined those challenges: “Water management is important, given the accelerated population growth that we are facing and also, the climate change conditions that are impacting how water is used and managed.” The panelists agreed that Mexico lacks the resources to satisfy the country’s infrastructure needs, which is where public-private partnerships (PPPs) could come

ROBERTO BALLINEZ

in, with a caveat. “Private investment does not necessarily mean the service becomes

Senior Executive Director of

private too,” said Jesús Torres Roldán, Director General of TECSA and IACMEX,

Public Finance and Infrastructure

highlighting the necessity for improved infrastructure. “Mexico is ranked 73rd globally

at HR Ratings de México

in terms of hydrostructure, below Indonesia.”

Roberto Ballinez has over 15 years of experience in financial risk, financial

Roldán also said that successful management is possible but that the issue needs to

mathematics, financial econometrics

be addressed holistically. “Success is achieved through the adequate and effective

and macroeconomics. Before

use of water that is also sustainable and that generates little waste. That is, for us, the

joining HR Ratings, he was Risk

most important factor to keep in mind.” Casares went a step further. “Well-defined

Administration Manager of VALMER-

rules help reach a broader coverage and a quality service, but most importantly, legal

Algorithmics at BMV and Asset-Debt

and financial clarity will set the ground to achieve successful water management.”

Administration and Liquidity-Credit Risk Advisor at Grupo Financiero

Given its gaps in water infrastructure, a key concern for Mexico is supply. Bernardo

Scotiabank Inverlat. Ballinez has

Carmona, General Coordinator of SACMEX Mexico City, suggested that addressing

a Bachelor’s and a Master’s in

necessary sustainability issues now would provide benefits later. “Addressing

economics from CIDE, as well as a

sustainability will make the infrastructure and the water networks more efficient. In

Ph.D. in financial sciences from the

the long run, this will contribute to people’s well-being as they won’t suffer further

Monterrey Institute of Technology.

complications regarding water supply,” he said.

H I GH L I GH TS 2 019 Carmona highlighted the work that Mexico City is doing to address its enormous water networks. “Right of water access, drainage treatment and reuse, sustainability and environmental management, structural transparency of the water area and transversal axes are key subjects that determine and conform water management

KEY SPEAKER

in Mexico City.” Efficiency in managing supply is another requirement, said Torres Roldán. “Considering that 11 percent of water is not collected in Mexico, we should try to optimize the usage of our resources.” Innovation should also play a role in resolving the plethora of water-related issues the country faces. “Smart Cities and the technology involved will be a great next step for water management,” Casares said. “By monitoring water systems in real time through mobile apps we can greatly improve our services to communities.” Torres Roldán added that “technology must be used as an example of progress to keep growing an increasing management practice.”

FRANCISCO JAVIER CASTAÑEDA Country Manager of Grupo Calidra

OMNICHANNEL: THE REAL ESTATE ASPECT

Francisco Javier Castañeda is a member

Instead of being a threat, e-commerce can help reinvent the function of traditional

of the Mexican Road Association, the

stores, but first there are some complex hurdles to overcome, agreed the panelists

World Road Association, the Soil Science

discussing Omnichannel: The Real Estate Aspect at the Mexico Infrastructure &

Society of America and the Transport

Sustainability Summit 2019 on Wednesday at the Hotel Marquis in Mexico City.

Research Board, where he participates

The expert panel included Enrique Villanueva, Development Director at Pulso

Subsurface Soil-Structure Interaction

in the Standing Committee on Inmobiliario; Gaston Wainstein, Senior Vice President of Real Estate Development

and the Standing Committee on

for Walmart Mexico and Central America; and Carlos Garcia, Senior Vice President

Stabilization of Geomaterials and

Industrial and Logistics at Coldwell Banker Commercial.

Recycled Materials. Castañeda also collaborates on the establishment

Implementing e-commerce channels involves very complex processes, which many

of regulations from the Mexican

customers never get to see. First, a warehouse is needed in a variety of strategic

Transport Institute and the National

locations. “In urban areas, it is not always easy to obtain the space for logistical

Body of Regulation and Certification of

warehouses,” Villanueva said. This has led to several creative solutions, including

Construction and Buildings.

the remodeling of unused parking lot space in malls as small logistical operations for stores so they can also offer their products through online orders, Garcia added. In the case of Walmart, “we have been using our own stores as small distribution centers, which when connected, form a logistics chain. The advantage for Walmart is that eight out of 10 Walmart customers live within 10 minutes of a Walmart store,” offered Wainstein. Villanueva is confident that the traditional mall will continue to exist if it can broaden its offer beyond shopping. These days, he said, malls are increasingly offering diverse experiences related to everything from eating to special cultural events. Adapting to the market also means collecting better intelligence on who is coming to the mall, where they live, and what their intentions are. The advantage is that malls are still very popular across Latin America. “One reason is the excitement of going shopping as a social activity. A second aspect is security. Malls are considered safe areas where days can be spent with friends and family,” Villanueva explained.

HIG HL I G HTS 201 9 There are other significant barriers that prevent consumers from overwhelmingly switching to e-commerce. Going to the store instead of ordering it online does not just entail a social motivation, said Garcia, there is also a need to be certain about a product before purchasing it. Then there is the simple fact of payment. “Many people do not feel comfortable with providing their financial details online, not to mention that a large segment of the population in Mexico does not have access to a credit card or internet at all.” Retailers also face logistical hurdles to reach rural demographics, according to Wainstein. Even though e-commerce could potentially increase the geographical reach of retailers, it would mean building significant logistical operations. In addition, internet consumers tend to have very high standards when it comes to how fast and in what state they want their product delivered. Given the large distances in less urbanized parts of the country, this can be very challenging, he said. Despite the wobbles and obstacles that have stood in the way of e-commerce, the sector is accelerating fast. This means that traditional store locations need to be smart and integrate other elements into their offer. “It’s all about finding flexibility,” Gaston said. Given the advantages of both the physical store, as well as e-commerce, a combination of the two services seems to be the logical answer. Villanueva gave the example of Ikea, which allows customers to see the physical product in a store

KEY SPEAKER

before they order it. Examples like these could offer the solution to fit the preferences of the Latin American consumer.

ASSET FORFEITURE LAW: CHALLENGES OF PRIVATE PROPERTY IN MEXICO Changes in Mexico’s Asset Forfeiture Law have taken a turn that may potentially clash with individual freedoms central to a democratic republic, Ignacio Morales, former Attorney General and Public Notary, said at the Mexico Infrastructure and Sustainability Summit 2019, held at Mexico City’s Hotel Marquis on Wednesday. “The

IGNACIO MORALES

direction legislators are taking with respect to this law leaves individuals exposed

Former Attorney General

to the arbitrariness of the state.”

and Public Notary Ignacio Morales has occupied several

Morales, who teaches law at the Free School of Law and was Ambassador of Mexico

positions in the public sector since

to France, gave a brief overview of the history and original intentions of the juridical

1980, including Attorney General in

figure known in Mexico as the Asset Forfeiture Law. Born at the Palermo Convention

Mexico City, Federal Attorney General

with the intention of fighting organized crime, the law says that if a person is found

and Mexico’s Ambassador to France.

guilty of a crime, her assets can be confiscated by the state with no compensation.

Between 2004 and 2008, Morales

However, only high-impact crimes, directly related to organized crime, such as money

was Dean of Escuela Libre de Derecho.

laundering, were susceptible to asset forfeiture.

He has also collaborated with several newspapers and radio stations and

Mexico passed a law of this kind for the first time in 2009, after modifying article

is an editorial collaborator at El

22 of the Constitution. This initial incarnation of the law followed closely its original

Universal. Morales graduated from

spirit. Very few, clearly defined crimes were included. Nevertheless, in 2018, the

Escuela Libre de Derecho in 1970,

law was again modified, this time including 190 felonies, such as fiscal evasion or

where he is a professor of civil law. He

using fake invoices. Morales remarked: “This ampliation is excessive and represents

also has an honorary Ph.D. from the

a latent danger to the integrity of Mexican persons, physical and juridical, and of

Autonomous University of Nuevo Leon.

persons doing business in Mexico.” For instance, not only the material perpetrator

H I GH L I GH TS 2 019 of a crime, but also incidental accomplices to it, willing or not, can be affected by the Asset Forfeiture Law. “If an apartment is used for a kidnapping by the tenant,” Morales said, “the landlord can lose the property at the hands of the state, because it can be judged that he was an accomplice.” More worrying, the state can confiscate the property of the accused without having proven his or her culpability. If the state judges that it is in its best interest to sell the property in question, it can do so. This innovation originated in Colombia. But there, the attorney general must authorize the sale of an accused person’s property while the trial is ongoing. In Mexico, no such protection exists.

“The direction legislators are taking with respect to this law leaves individuals exposed to the arbitrariness of the state.” Ignacio Morales, Former Attorney General and Public Notary

Morales recommended the law again be changed for the greater protection of individuals. However, while the situation remains as it is today, citizens can take measures to guard themselves against possible arbitrary state actions. Morales said the best course of action is to demonstrate good faith. To this end, individuals have to be highly meticulous and keep all their documents in order. In the case of landlords, Morales explained: “First there must be a document evidencing that the title of property is authentic. Second, proof that all initial taxes have been paid must be available. Third, proof that all yearly property taxes are in order must be available if the need arises.”

KEY SPEAKER

GASTÓN WAINSTEIN Senior Vice President of Real Estate Development and M&A, and Member of the Executive Committee at Walmart Mexico and Central America Gastón Wainstein has held a variety of positions at Walmart over two decades, including Corporate Affairs, Supplier Development, Format Development, Corporate Strategy, Real Estate and M&A in Argentina, Brazil and Mexico. He has been Member of the Board at the Argentinian Chamber of Commerce and the Argentinian Supermarket Association. Wainstein has a degree in economics from the University of Buenos Aires and an MBA from the IAE Business School in Argentina.

2020 MEXICO CITY NOVEMBER 11, 2020

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2020 1

STATE OF THE ECONOMY

NATIONAL CHAMPIONS

FAMILY BUSINESSES & FOUNDATIONS

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CHAPTER 204

206 208 210

8: AGRIBUS

INESS

ANALYSIS: A griculture

205

E: Enrique

VIEW FROM

osco de

uan Carlos

212 214 215

VIEW FROM

lejandro

APHIC: Prima

216 217 218 219

221 222 223 224 225

VIEW FROM VIEW FROM VIEW FROM VIEW FROM

anuel Bravo,

VIEW FROM VIEW FROM VIEW FROM

Syngenta

a North

osé Escalan

te, Velsime x

lberto Amkie,

Agropark

avier Martíne z, Groasis

astón Mauvez

in, Proteak

THE TOP: R odrigo Domen

zain, Amar

THE TOP: Í

ñigo Pérez-R

Hidroponia

asilla, Sofagro

THE TOP: D

iego Martíne z, Aneber

ries

x Martíne z, ANICA

VIEW FROM

AgroBIO

Monsanto

Latin Americ

THE TOP: J

THE TOP: A

THE TOP: J

THE TOP: G

INSIGHT: Féli VIEW FROM

203

ry Succes s

THE TOP: M ier Valdés,

220

tum

Monteagudo,

INFOGR

VIEW FROM

THE TOP: L

uis Tejado,

BlueDrop Agrofo

restry

THE TOP: J

Growth Momen

CNA

Anaya, GCMA

COMECARNE

THE TOP: A

INSIGHT: Jav

to Keep

of Jalisco

la Vega,

THE TOP: J

INSIGHT: Car

Needed

Alfaro, State

THE TOP: B

la Suárez,

211

4.0, Training

GUEST ARTICL VIEW FROM

uan Pablo

Flores, AVS

México