VAZAL archive · Originally published in 2024. This is an English translation of the content as published at that time.
The recent approval of the reform to Article 19 of the Political Constitution of the United Mexican States has brought an important change to the regulatory framework that directly affects THE CHEMICAL INDUSTRY, particularly companies that handle chemical precursors and essential chemical products. This change expands the list of offenses subject to mandatory pretrial detention, specifically adding offenses related to these substances used in manufacturing synthetic drugs.
This constitutional reform marks a turning point for Mexico's chemical industry. The handling of chemical precursors and essential chemical products will face closer scrutiny, with a focus on preventing their misuse in unlawful activities. Companies in the sector must adapt to this new framework to protect their operations and contribute to the fight against drug trafficking.
Proposed Reform:
The reform expands this list by explicitly including:
- Offenses related to the production, distribution and handling of chemical precursors and essential chemical products.
- A focus on substances associated with drug trafficking, such as fentanyl, because of their key role in manufacturing synthetic drugs.
Comparison of the Changes
| Aspect | Existing wording | With the reform |
|---|---|---|
| Focus on precursors | Not included | Yes, offenses related to precursors and essential chemicals. |
| Synthetic drugs | No specific mention | Includes offenses associated with fentanyl and other synthetic drugs. |
| Legal tools | Limited to offenses established in the previous law. | Strengthened with a focus on chemical drug trafficking. |
Implications for the Chemical Industry
1. Increased Regulation and Oversight: Companies must strengthen regulatory compliance and accurately document the chemical precursor supply chain. This includes:
- Detailed records in systems such as SISUS (COFEPRIS's Integrated Substances System).
- Periodic reports of activities and suspicious operations.
2. Strict Criminal Penalties: The reform establishes prison sentences of 10 to 15 years for those who divert or use precursors in unlawful activities. Mandatory pretrial detention also prevents those involved from facing proceedings while at liberty.
3. Operational Impact: Stricter measures could increase operating costs, as companies will need stronger internal controls and staff training in legal compliance.
Recommendations for the Sector
Regular Audits: Conduct internal reviews to ensure compliance with chemical precursor regulations.
Preventive Legal Advice: Engage legal experts to identify risks and strengthen substance-handling protocols.
Cooperation with Authorities: Establish effective communication channels with COFEPRIS and other agencies to prevent irregularities and penalties.
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