In principal, the regulation banned all "driver operated" aerodynamic devices, i.e. old "F-Duct", and even EBD. But for DRS-F-Duct, the moving parts are DRS actuators and flaps, which is well within the regulation.
All Merc did was cleverly use the opening to channel air back to the front wing (please confirm, i'm not 100% sure), and stall both front and rear wing. So Merc didn't create more "driver operated" switches, holes and etc. The switch for DRS is allowed.
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