The Law for the Promotion of Investment in Strategic Infrastructure for Development with Well-being is issued

On April 9, 2026, the Decree issuing the Law for the Promotion of Investment in Strategic Infrastructure for Development with Well-being (hereinafter, the “Law”) was published in the Official Gazette of the Federation.

I. Objective.

The purpose of this Law is to regulate investment mechanisms to promote the development and execution of public infrastructure projects that contribute to national development through the participation of the public, private, and social sectors (the “Projects”). Likewise, the Law seeks to provide legal certainty, transparency, and security in these investment schemes, thereby strengthening national sovereignty.

The Projects seek to trigger economic growth, reduce social inequality gaps, promote access to basic public services, foster regional development and comply with the National Development Plan, focusing on the sectors of communications, transport, water, environment, energy, health, education, urban development, tourism, industry, technology and any other in accordance with the National Development Plan.

II. Council.

To fulfill the objectives of the Law, it provides for the creation of a Strategic Planning Council (the “Council”) that will govern the planning and oversight of investments in the Projects, as well as the creation of various committees such as the Risk Analysis Committee and the Technical Committee. The Council will be an advisory body, without its own legal personality or assets, that will approve public sector participation in any Project before it is implemented.

The Committee will be chaired by the Federal Executive and will be composed of the heads of the Legal Counsel of the Federal Executive, the National Bank of Public Works and Services, the National Credit Society, Development Banking Institution, as well as the heads of the Ministries of: (i) Finance and Public Credit (“SHCP”); (ii) Environment and Natural Resources; (iii) National Defense; (iv) Navy; (v) Energy; (vi) Economy; (vii) Infrastructure, Communications and Transportation; (viii) Anti-Corruption and Good Governance; and (ix) Agrarian, Territorial and Urban Development.

The Council will have permanent guests, who will have a voice but no vote in its sessions. These permanent guests will be the heads of the National Water Commission, the National Fund for Tourism Development, the Federal Roads and Bridges Agency, the Digital Transformation and Telecommunications Agency, the Integrated Public Transportation and Trains Agency, Nacional Financiera, a National Credit Institution, and the heads of the Ministries of Welfare, Tourism, and Science, Humanities, Technology and Innovation.

The Council has the power to define investment priorities in Projects and approve a corresponding national investment strategy, define the participation structures of the public, private and social sectors, analyze Projects and determine their financial, economic and social viability, and may issue recommendations in this regard, request reports on Projects and the investments made in them, form the necessary technical committees for each Project and revoke the viability and appropriateness of Projects.

III. Structures.

The Law establishes various legal structures for carrying out infrastructure projects. These structures include:

• Special Purpose Vehicles (“SPVs”): corporations, public or private trusts, or any other entity that allows for coordination among the public, private, and social sectors and whose mere creation does not imply obligations for the Federal Government. SPVs are intended exclusively to invest in or finance Projects.

• Mixed Participation Schemes (“MPS”): mechanisms through which the Government (through Entities, Agencies, trusts, State-owned enterprises, majority state-owned enterprises, Vice-President Enterprises, or any other entity) participates directly or indirectly with the private and/or social sector to finance, design, develop, operate, maintain, and exploit Projects, sharing risks, costs, investments, benefits, or returns. MPS are further classified into the following types:

1. Long-term contracting: the private and/or social sectors participate in financing, building, operating and maintaining the Projects for a certain period, in exchange for consideration according to predetermined quality or performance standards.
   1. Mixed investment: the public, private and/or social sectors participate in financing, building, operating and maintaining the Projects, sharing costs, risks, investments and benefits according to the corresponding participation interest.
   1. Schemes for specific sectors; and
   1. Any other EPM determined in the regulations of the Law or in the guidelines issued by the SHCP.

Public sector participation in EPMs may be through cash or in-kind contributions, rights of use, exploitation or exploitation, concessions, authorizations or permits, movable or immovable property, intangible rights and any other modality permitted by applicable legislation.

IV. Procedure.

Projects must follow a specific procedure to be established and implemented. First, the project proposal must be submitted to the Council for consideration. To this end, they must be aligned with the National Development Plan and include studies and valuations demonstrating their financial, technical, and legal viability.

corresponding economic information, as well as other information included in the regulations of the Law and the guidelines issued by the SHCP.

Following analysis and deliberation by the Council, which may request additional information on the Project proposal, the Council may decide whether to approve the Project proposal and which investment vehicle will be implemented for said Project. To this end, after market research, a tender will be issued that must be transparent, objective, and impartial.

Upon the awarding of a contract for a Project, a strategic investment contract will be formalized, under the terms and conditions specified in the bidding documents, with legal entities or trusts whose purpose includes carrying out the Project in question (the “Contracts”). The Contracts must have a duration of more than four years and less than forty, including any extensions. In addition to a Contract, a long-term public infrastructure Project may be implemented through concessions, assignments, or permits granted by the Federal Government to a Public-Private Partnership (PPP).

V. Benefits.

For the implementation of the Projects, the Council may allocate the following support to an approved Project, in order to guarantee the participation of the public, private and social sectors:

• That the Projects have access to VPEs that allow them to optimize their financial structure, obtain the necessary liquidity, achieve the best financial or economic conditions, or allow the contribution of resources;
• That the Projects have the granting of guarantees by the Federal Government, the Development Bank or multilateral;
• That the Federal Government grant tax incentives;
• That collaboration agreements be entered into with Federal Entities and Municipalities so that they too can participate in the Projects; and
• That the Contracts include deferred payments, provided that they are not greater than the rate established for tax credit extensions.

VI. Controversies.

The Law establishes that in the event of disputes arising from VPE or the Contracts, priority shall be given to negotiation by mutual agreement and in good faith, alternative dispute resolution mechanisms in accordance with applicable law, and, if so agreed in the corresponding Contract or in a separate agreement, to arbitration. The applicable law for arbitration shall be Mexican federal law, the language shall be Spanish, and the award shall be binding and enforceable against both parties.

For disputes of a technical or economic nature, the parties may submit such dispute to a committee composed of three experts in the subject matter in question, one appointed by each party and the third by agreement of the latter.

The revocation of authorization for a Project and acts of authority may not be subject to arbitration, and the resolution of disputes related to the legal validity of an administrative act may only be settled before federal courts.

VII. Transitional provisions.

The Law enters into force the day after its publication in the Official Gazette of the Federation. From that date, the Federal Executive and the Ministry of Finance and Public Credit (SHCP) have 180 (one hundred and eighty) calendar days to promulgate the regulations of the Law and the corresponding guidelines, respectively.

The Council must be installed within a period of no more than 120 (one hundred and twenty) calendar days from the date the Law came into force and, in its first session, must approve the rules of operation for its functioning.

For those investment projects initiated prior to the entry into force of the Law during the fiscal year 2026, these may be presented to the Council, which will determine their access to resources from VPE and the support and benefits mentioned in the Law, or they may migrate to EPM, subject to prior agreement of the parties and approval of the Council.