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Regulatory Impact Assessment (RIA) Federal
Regulatory Improvement Commission (COFEMER),
MEXICO Good Governance for Development in Arab
Countries Initiative Working Group IV Tunis,
Tunisia. February, 2007
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What is the RIA?

• The Regulatory Impact Assessment is the public
  tool that helps making Government decisions and
  regulatory instruments more transparent and
  rational.
• RIA is an ex-ante analysis which facilitates
  knowing what effects, in terms of expected costs
  and benefits, a regulation will create when
  implemented. It also helps to analyze regulatory
  alternatives to the original project of the
  regulator.

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Public consultation and RIA

• In Mexico and many other countries with RIA,
  public consultation is a key element of the RIA
  process.
• All interested parties and individuals are
  welcomed to express their points of view
  regarding the proposed regulation project. This
  helps to enrich the discussion of the project and
  provides more information to the regulator.

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RIA in Mexico

• In our country, RIA was introduced in year 2000,
  through a reform to the Federal Administrative
  Procedures Law. COFEMER (Federal Regulatory
  Improvement Commission) was also created with
  this reform.
• With the new legal framework, all federal
  ministries and agencies are obliged to send their
  draft regulatory instruments and their respective
  RIA to COFEMER, in order to obtain the latters
  opinion.
• No regulatory instrument might be published in
  the Official Gazette, and therefore enter into
  force, without obtaining firstly COFEMERs
  opinion.

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RIA in Mexico

• Once that COFEMER receives a draft regulatory
  instrument from a regulator (i.e. a federal
  ministry or agency), such a document is
  immediately shown in COFEMERs Internet site,
  thus allowing the start of public consultation.
• Comments might be sent by interested parties
  through e-mail, fax, letter, etc. without any
  rigidity on the format.
• For the elaboration of its opinions, COFEMER is
  obliged by a legal provision to take into account
  all comments received in the public consultation.

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RIA contents

• Objectives of the proposal.
• Situation to be solved by the proposal.
• Cost-Benefit Analysis.
• Risk Analysis.
• Expected effects of the proposal on market
  competition on domestic and international trade
  on consumers on small and medium businesses.
• Legal background.
• Regulatory alternatives.
• Description of the specific regulatory actions
  included in the proposal.

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RIA contents

• Resources needed for the implementation.
• Enforcement schemes and sanctions included in the
  proposal and resources needed thereto.
• International experience.
• Public Consultation.
• Formalities created, simplified or eliminated.
• Bibliography.

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Administrative steps to issue regulation in Mexico
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Elements for a successful RIA

• RIA has to be seen as a means to prepare draft
  regulation, not as paperwork to be prepared after
  such a draft is completed.
• Work has to be done inside Government to create a
  new culture and convince public servants of RIAs
  usefulness.
• RIA preparation has to be assigned to qualified
  personnel. Training workshops and courses are
  paramount on this regard.
• Communicate with effectiveness the benefits and
  utility of the RIA (i.e. as a decision making
  instrument for public policies).
• Involve all stakeholders in the public
  consultation phase of RIA, in order to gather as
  much information and points of view as possible.

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A final thought on RIA Regulation for
competitiveness

• Under globalization, a good macroeconomic
  performance is a necessary but not a sufficient
  condition to define countries attractiveness.
  Foreign or domestic investments need incentives
  to arrive, stay and develop enterprises and, at
  the end of the day, create better jobs.
• Good regulation is a key element to create a good
  climate for doing business. RIA is a tool to
  prepare good regulation.

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