Digital Aviation Document QAs: Mexico
Contributor: Santamarina y Steta, S.C.
Author: Juan Carlos Machorro Guerrero, Andrés Remis Cristóbal and César Carrillo Somerville
1. Is there specific legislation in Mexico ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?
While Mexico acknowledges the validity of electronic signatures through the Law of Advanced Electronic Signature (Ley de Firma Electrónica Avanzada), the Mexican Federal Civil Aviation Agency (Agencia Federal de Aviación Civil – “AFAC”) has not yet established specific regulations governing the use of digital platforms or electronic signatures for documents within the aviation industry.
In principle, the AFAC does not accept electronically executed documents as of this day. Furthermore, Mexico has ratified the Cape Town Convention on International Interests in Mobile Equipment (the “Convention”) and the related Aircraft Protocol (the “Protocol”). However, Mexico’s declarations have imposed limitations on the scope of the Convention, making the enforcement of remedies outlined in the Convention potentially impractical or inapplicable. Specifically, remedies under Article XI of the Protocol have been restricted, and no remedies can be exercised without court approval. Due to these limitations, IDERAs are not enforceable in Mexico at this time.
For further information on registrations with the Mexican Aeronautics Registry (Registro Aeronáutico Mexicano – “RAM”), please refer to L2B’s publication on Aircraft Title and Registration – Mexico.
2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?
N/A.
3. Does the Aviation Authority in Mexico use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?
No. The RAM does not currently utilize any electronic platforms for aircraft documents or aircraft lease documents. All registrations and searches must be conducted physically with hard originals presented before the AFAC.
4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Mexico?
No. It is not possible to upload electronic files for registration. All registrations must be done physically with hard originals
submitted to the RAM. However, there are some exceptions to this rule: provisional registration marks and preliminary registration requests for documents can be submitted electronically to the RAM.
5. Do the courts of Mexico consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?
Yes. Courts in Mexico do consider documents executed using digital signatures or certifications as valid and enforceable, even if they are not registered or registrable with the AFAC. However, for electronic signatures to be recognized as valid, they must meet specific requirements outlined in the Law of Advanced Electronic Signature, the National Code of Civil Proceedings and the Code of Commerce.
6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Mexico?
Not all courts in Mexico allow electronic filings for lawsuits, pleadings, and procedural documents. The acceptance of electronic filings depends on the specific matters being handled by each court (e.g., labor, civil, etc.), as well as whether the courts are at the federal or local level. It is essential to consider local-specific rules and guidelines regarding electronic filings.
Mexican federal courts generally allow electronic filings, provided certain requirements are met in accordance with the Law of Advanced Electronic Signature, the National Code of Civil Proceedings and the Code of Commerce.
7. Do the courts of Mexico accept procedural documents executed digitally? Is there any specific certification required? Does Mexico make any distinction between official digital signatures and private digital signatures?
Yes. The courts of Mexico do accept procedural documents executed digitally. However, there is a specific certification requirement for these electronic signatures. To be considered valid within courts and the judicial system, electronic signatures must adhere to the regulations outlined in the Law of Advanced ElectronicSignature.
It is essential to note that Mexico distinguishes between official digital signatures, which are governed by the Law of Advanced Electronic Signature, and private digital signatures used in other contexts, such as those provided by digital platforms. The official digital signatures must comply with the legal requirements set forth by the Law of Advanced Electronic Signature to be accepted within the court system.
8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?
Yes. For documents executed by digital signatures to be considered valid in Mexico, they must adhere to the formal requirements outlined in the Law of Advanced Electronic Signature.
9. Can foreign entities not located in Mexico execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Mexico? Are there any other formalities required?
Lease agreements or finance documents can be executed with digital signatures, meeting the requirements mentioned earlier. However, for registration of any document with the RAM, notarization is mandatory in Mexico. Notarization in Mexico involves the execution of documents with wet ink signatures on original copies.
If the documents are issued and executed abroad, they must undergo notarization and further apostilling or legalization, as applicable. Additionally, if the documents are in any language other than Spanish, a Spanish-certified translation must be provided by a Mexican court-approved expert translator.
For further information on registrations with the RAM, please refer to L2B’s publication on Aircraft Title and Registration – Mexico.
10. Does the Aviation Industry in Mexico usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?
No. The AFAC primarily relies on printed paper documents.
11. Are there any Notary or Apostille requirements in Mexico? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?
All documents to be recorded with the RAM must be duly notarized. If such documents were (i) issued abroad, they must be notarized and further apostilled or legalized (as applicable) and/or (ii) entered in any language other than Spanish; a Spanish-certified translation thereof must be issued by a Mexican court-approved expert translator.
Notarization in Mexico involves the execution of documents with wet ink signatures on original copies.
For further information on registrations with the RAM, please refer to L2B’s publication on Aircraft Title and Registration – Mexico.
a. Has Mexico implemented the e-Apostille program?
No. As of this date, Mexico has not implemented the e-Apostille program.