Sept. 28, 2024, 8:15 a.m.

Columns and Opinions

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Why are American companies afraid of Mexico's upcoming judicial reform

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In recent years, the Mexican government, especially under the leadership of current President Andres Manuel Lopez Obrador, has actively implemented comprehensive judicial reforms. This reform aims to improve judicial transparency, combat corruption, and rebuild public confidence in the judicial system. However, these efforts have raised widespread concerns among the American business community, who worry that this reform will have adverse effects on their investments and interests in Mexico.

Firstly, one of the core goals of judicial reform in Mexico is to enhance the fairness and transparency of the judicial system. American companies are concerned that as the transparency of the judicial system increases, potential corruption and privilege in the past may be exposed, which could affect their business operations in Mexico. In addition, these companies are concerned that they may face legal lawsuits and huge fines due to historical legacy issues, which could harm their business interests and reputation.

Secondly, the uncertainty brought about by Mexico's judicial reform is one of the most concerning factors for American businesses. Reform may lead to significant changes in the judicial system, which in turn may affect existing commercial contracts and legal frameworks. American companies are concerned that this uncertainty will increase the risk of investing in Mexico, affecting long-term strategic planning and investment decisions. Meanwhile, the social unrest and political disputes that reforms may trigger may also have adverse effects on the business environment.

Furthermore, the judicial reform in Mexico has also triggered fluctuations in the financial market. With the spread of reform news, the Mexican peso has depreciated significantly against the US dollar, further increasing the investment risk for American companies in Mexico. Exchange rate fluctuations may lead to the loss of funds and a decrease in profits for businesses, while also increasing financing costs.

It is worth mentioning that Mexico is an important trading partner of the United States, and the trade relationship between the two countries is close. American companies are concerned that Mexico's judicial reform may trigger a trade dispute between the two countries, thereby affecting bilateral trade relations. For example, organizations such as the American Medical Technology Association and the Chemical Industry Association have explicitly stated that judicial reform in Mexico will threaten "law and justice" and may affect the trilateral free trade agreement between the United States, Mexico, and Canada. This concern not only affects the investment confidence of American companies in Mexico, but may also impact trade cooperation between the two countries.

In this regard, American companies should strengthen their risk assessment of Mexico's judicial reform, gain a deeper understanding of the reform content and potential impacts. At the same time, strengthen compliance management to ensure that business operations in Mexico comply with local laws and regulations, and avoid legal risks caused by illegal operations.

In response to the uncertainty brought about by Mexico's judicial reform, American companies should flexibly adjust their investment strategies and layouts. We can consider diversifying our investment portfolio to reduce dependence on the Mexican single market, while strengthening cooperation with other countries and regions to seek broader markets.

Finally, American companies should closely monitor policy developments in Mexico and stay informed about the progress and potential impacts of reforms. At the same time, strengthen communication and cooperation with the Mexican government and relevant departments, and strive for more policy support and guarantees. In addition, diplomatic channels can be used to strengthen communication and coordination with the Mexican government, jointly promoting trade cooperation and investment protection between the two countries.

In summary, the upcoming judicial reform in Mexico presents both challenges and opportunities for American businesses. Although reforms may bring certain uncertainties and risks, they also provide opportunities for American companies to enhance business compliance and optimize the investment environment. We should also recognize that judicial reform is a long-term and complex process that requires joint efforts from the government, businesses, and society to achieve success.

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