Mexico’s Law for the Promotion of Investment in Strategic Infrastructure for Development with Well-being

On April 9, 2026, Mexico’s Law for the Promotion of Investment in Strategic Infrastructure for Development with Well-being (Ley para el Fomento de la Inversión en Infraestructura Estratégica para el Desarrollo con Bienestar) was published in the Federal Official Gazette, amending and adding various provisions of the Federal Budget and Fiscal Responsibility Law.

This alert summarizes key provisions and considerations for investors and developers evaluating infrastructure opportunities in Mexico.

Overview and purpose of the law

The law regulates investment mechanisms that promote the development of strategic public infrastructure projects through the coordinated participation of the public, private, and social sectors, within the “Plan Mexico” framework and the Infrastructure Investment Plan for Development with Well-being 2026–2030 (Plan de Inversión en Infraestructura para el Desarrollo con Bienestar 2026–2030).

The Proyectos para el Desarrollo con Bienestar bajo Esquemas de Participación Mixta of the energy sector will continue to be governed by the Electricity Sector Law and the Hydrocarbons Sector Law. The law coexists with schemes provided for in other applicable legislation, including those that govern the financial or infrastructure sectors.

Applicable sectors and scope

The law applies to projects related to communications, transport, water, environment, housing, energy, health, education, public spaces, industrial parks, and technologies.

Mixed participation schemes

The law defines mixed participation schemes (Esquemas de Participación Mixta) as the mechanisms through which the state participates jointly with the private or social sector in the financing, design, construction, operation, or provision of services related to Proyectos para el Desarrollo con Bienestar – projects aligned with development plans and programs – sharing risks, costs, investments, and benefits.

The law provides for the following schemes:

• Long-term contracting. The private or social sector participates in the financing, design, construction, operation, or maintenance of infrastructure for a specified period, in exchange for periodic payments, tariffs, or other recovery mechanisms. The transfer of assets at the end of the contract is mandatory.
  
  
• Mixed investment. The public, private, or social sectors participate jointly by sharing risks, costs, and benefits according to each party’s participation interest. The public sector must maintain a stake in the vehicle’s share capital or equity. Payments may not be increased in real terms. Infrastructure and associated assets may be used as collateral.
  
  
• Specific sectoral schemes. The law contemplates the use of schemes provided for in sectoral laws, including those governing the energy sector, as well as co-investment mechanisms, joint ventures, and financial vehicles allowed by applicable legislation.
  
  
• Other schemes. Additional schemes established by the regulations or the guidelines issued by the Ministry of Finance and Public Credit may be used.

Specific Purpose Vehicles

The law provides that the Ministry of Finance will implement the creation of Specific Purpose Vehicles (SPVs) to coordinate the participation of the public, private and social sectors in the financing of projects.

• Constitution. SPVs may be constituted as public or private trusts, mandates, or similar figures, as well as in the form of a Sociedad Anónima, Sociedad Anónima Promotora de Inversión, Sociedad Anónima Promotora de Inversión Bursátil, or Sociedad Anónima Bursátil. The public, private, and social sectors may participate jointly or separately. States and municipalities may participate, provided they allocate local resources and obtain the corresponding authorizations.
  
  
• Possibility of issuing debt. To finance their activities, SPVs may issue fiduciary stock certificates or similar debt instruments, subject to the Securities Market Law and other applicable provisions.
  
  
• Supports and benefits. Projects that have the approval of the Strategic Planning Council for Infrastructure Investment may access SPVs to optimize their financial structure or obtain liquidity. Support may include contributions of resources, access to financing schemes channeled through the SPVs, and, in certain cases, the granting of guarantees from the federal government. The law also provides that the federal executive may grant fiscal incentives to promote Proyectos para el Desarrollo con Bienestar.

Strategic investment contracts

Strategic investment contracts must have a minimum term of four years and, including extensions, may not exceed 40 years. They must include the object, source, and cost of capital; technical specifications and performance levels; risk distribution; causes for termination and early termination; conventional penalties; and dispute settlement procedures.

The Strategic Planning Council for Infrastructure Investment

The law establishes the Strategic Planning Council for Infrastructure Investment (Council), a permanent consultative body without legal personality or assets of its own, responsible for establishing technical criteria, issuing coordination guidelines, and formulating recommendations on strategic investment policies.

• Integration. The Council will be chaired by the Federal Executive and made up of the heads of the Ministries of Finance and Public Credit (alternate for the presidency), Environment, National Defense, Navy, Energy, Economy, Infrastructure, Communications and Transportation, Anti-Corruption and Good Governance, Agrarian, Territorial and Urban Development, the Legal Counsel of the Federal Executive, and Banco Nacional de Obras y Servicios Públicos (Banobras).
  
  
• Powers and responsibilities. Among the responsibilities of the Council are to: 1) determine those projects that have the character of projects for development with well-being; 2) define investment priorities with a long-term vision; 3) approve a national investment strategy; 4) issue opinions on financial, economic, and social profitability; and 5) approve the participation of interested parties in Esquemas de Participación Mixta.

Procurement and award

The law establishes that agencies and entities seeking to develop a project will call for tenders, in which national or foreign legal entities – including consortia – may participate, and the project will be awarded to the participant who submits the compliant proposal that ensures the best economic conditions for the state.

Before the tender, the agencies and entities must conduct market research and may hold informational meetings with interested parties in the relevant sector. The law provides for exceptions to tendering by invitation, including direct award in specified cases such as insufficient market options, national security concerns, or contractor substitutions in ongoing projects.

Dispute resolution

The law prioritizes alternative dispute resolution mechanisms. Where agreed, strict law arbitration under the Commercial Code and Mexican federal law, conducted in Spanish, with a binding award may be used. The revocation of authorizations and acts of authority are excluded from arbitration.

Monitoring obligations

The law incorporates reporting and monitoring obligations, including quarterly reports, the recording and monitoring of multi-year commitments under the Federal Budget and Fiscal Responsibility Law, and the establishment of information systems with access for legislative commissions. The effective implementation of these mechanisms will depend, among other factors, on the guidelines and regulations to be issued.

Current status and entry into force

Once published, the law will enter into force the following day. The Federal Executive will have 180 calendar days to issue the regulations. The Ministry of Finance must issue the guidelines within its competence within the same period. The Council must be installed within 120 calendar days following its entry into force. Projects previously entered into may be migrated into the Esquemas de Participación Mixta, subject to the agreement of the parties and the Council’s approval.

For more information, please contact the authors.

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