Federal Anti-Corruption In Public Procurement Law

Original Language Title: Ley Federal Anticorrupción en Contrataciones Públicas

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SECRETARY OF THE CIVIL SERVICE

Federal Anti-Corruption Law in Public Contracts

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

FEDERAL ANTI-CORRUPTION LAW IN PUBLIC PROCUREMENT.

Single Article. The Federal Anti-Corruption Law on Public Contracts is issued.

Federal Anti-Corruption Law in Public Contracts

Chapter First

General Provisions

Article 1. This Law is public order and of general interest and has as its object:

I. Establish the responsibilities and penalties to be imposed on natural and moral persons, of Mexican and foreign nationality, for the violations they incur with reason for their participation in the federal public contracts provided for in this Law, as well as those that must be imposed on the natural and moral persons of Mexican nationality, for the infractions in which they incur the transactions International trade as provided for in this Law, and

II. Regular the procedure to determine responsibilities and apply penalties, and

III. Establish the competent federal authorities to interpret and apply this Act.

Article 2. They are subject to this Law:

I. The natural or moral persons, of Mexican or foreign nationality, who participate in the public procurement of federal character, in their capacity as interested, lawful, invited, suppliers, contractors, contractors, permissioners, dealers or analogues;

II. The natural or moral persons, of Mexican or foreign nationality, who in their capacity as shareholders, members, associates, representatives, mandantes or presidents, proxies, agents, agents, managers, consultants, consultants, subcontractors, employees or any other character involved in the public procurement of this Law in the name, on behalf or in the interests of the persons to whom it relates the previous fraction;

III. The natural or moral persons of Mexican nationality who participate, directly or indirectly, in the development of international commercial transactions in the terms provided for in this Law, and

IV. Public servants who participate, directly or indirectly, in federal public procurement, who will be subject to liability in terms of Title IV of the U.S. Constitution Mexicans.

Article 3. For the purposes of this Law, the following definitions shall apply:

I. Competent authorities: The Secretariat, the holders of the Internal Control Bodies and the holders of their respective areas of complaints and responsibilities, as well as the The Supreme Court of Justice of the Union, the Council of the Federal Judiciary, the Electoral Tribunal of the Judicial Branch of the Federation, the Federal Court of Justice, the Federal Court of Justice, the Federal Court of Justice, the Federal Court of Justice, the Federal Court of Justice Tax and Administrative Justice, the Conciliation and Arbitration Boards, the Federal Court of Conciliation and Arbitration, the agrarian courts, the Federal Electoral Institute, the Higher Audit of the Federation, the National Commission for Human Rights, the National Institute of Statistics and Geography, the Bank of Mexico and other public bodies, in accordance with Articles 4 and 5 of this Law;

II. CompraNet: The government's electronic system of public information referred to in the Law on Procurement, Leases and Services of the Public Sector and the Law of Works Public and Services Related to the Mismas.

III. Federal public contracts: The procurement procedures, their previous acts, and those resulting from the conclusion, execution and fulfillment of contracts in the case of acquisitions, leases, services, public works and services related thereto, which are carried out by the contracting public institutions referred to in section VIII of this Article, in terms of the orders (a) legal status in the field of public procurement and independent of special arrangements for the procurement or scheme to be used for its implementation. Acts and procedures relating to a competition or a public invitation to tender for the granting of federal permits and concessions or their extension, as well as any other related authorisation or processing, shall be considered to be included. with public procurement;

IV. International Conventions for the Prevention and Combat of Corruption: The Inter-American Convention against Corruption of the Organization of American States, the Convention to Combat the Code of Foreign Public Servants in International Trade Transactions of the Organization for Economic Cooperation and Development and the United Nations Convention against Corruption, and the other that in terms of the applicable legal provisions are subscribed by the Mexican State in the matter;

V. Dependencies: State secretaries and their unconcentrated organs, as well as the Legal Department of the Federal Executive and the administrative units of the Presidency of the Republic;

VI. Entities: Decentralized public bodies, majority state participation companies, and public trusts that have the status of a parastatal entity referred to in Articles 3o, 45, 46 and 47 of the Organic Law of the Federal Public Administration;

VII. Non-State Public Trusts: Public trusts constituted by the Secretariat of Finance and Public Credit, in their capacity as the sole Centralized Federal Public Administration or any State ParaState Public Administration entity in terms of applicable legal and administrative provisions, and which are not considered to be parastatal entities;

VIII. Contracting public institutions: Federal Public Administration agencies and agencies; non-state public trusts, mandates and contracts The Office of the Attorney General of the Federal District of the Federal District of the Federal District of the Federal District of Mexico, the Federal District of Mexico, and the municipalities, including the public authorities of some and others, as well as the administrative political organs of the territorial districts of the Federal District public with full or partial charge to federal funds, in terms of the applicable legal provisions, and the relevant areas or bodies of the authorities referring to Sections II to XI of Article 4 of this Act, which are responsible for public procurement of a federal nature;

IX. Broker: The persons referred to in Article 2 (II) of this Act;

X. Analogous commands and contracts: Analogous mandates and contracts concluded by the agencies, entities, and, where appropriate, the Attorney General's Office, in terms of the legal provisions and applicable administrative and federal public resources;

XI. Legal orders in the field of public procurement: The Law on Procurement, Leases and Services of the Public Sector; the Public Works and Services Law Related to the Mismas; the Mexican Petroleum Law and other legal systems establishing a special public procurement regime, scheme or mechanism;

XII. Internal Control Bodies: The internal control bodies in the agencies and entities, as well as the Attorney General's Office;

XIII. Attorney General's Office: The Attorney General's Office;

XIV. Secretariat: The Secretariat of the Civil Service;

XV. Foreign public server: Any person holding or occupying a public employment, position or commission considered by the respective foreign law, in the legislative bodies, executive or judicial of a foreign State, including public agencies or undertakings, in any order or level of government, as well as in any international public body or organisation, and

XVI. International business transactions: The acts and procedures related to the procurement, execution and fulfillment of procurement contracts, leases, services of any nature, public works and services related thereto; acts and procedures relating to the granting and extension of permits or concessions, as well as any other related authorization or processing with such transactions, which is carried out by any body or public organization of a foreign State or involving the participation of a foreign public servant and in whose development they participate, directly or indirectly, natural or moral persons of Mexican nationality.

Article 4. In the field of your jurisdiction, you shall be empowered to apply this Law, to issue the necessary administrative provisions for the proper enforcement of this law. of the same and to interpret its provisions for administrative purposes, in relation to the public procurement of a federal nature by:

I. The Secretariat, in the field of the Federal Public Administration and the Attorney General's Office, as well as the federal authorities, municipalities and administrative bodies the territorial demarcations of the Federal District carrying out federal public procurement;

II. The Chamber of Senators and the Chamber of Deputies of the Congress of the Union;

III. The Supreme Court of Justice of the Nation, the Council of the Federal Judicature and the Electoral Tribunal of the Judiciary of the Federation;

IV. The Federal Court of Justice and Administrative Justice;

V. The Conciliation and Arbitration Boards, the Federal Court of Conciliation and Arbitration and the agrarian courts;

VI. The Federal Electoral Institute;

VII. The Federation's Top Audit;

VIII. The National Human Rights Commission;

IX. The National Institute of Statistics and Geography;

X. The Bank of Mexico, and

XI. Other autonomous public organs that determine the laws.

The authorities referred to in fractions II to XI of this Article, in accordance with the applicable provisions, shall determine the areas or bodies responsible for investigating the possible commission of the infringements referred to in Article 8 of this Law, to determine the responsibilities arising therefrom and to apply the corresponding penalties.

Article 5. The Secretariat, as well as the holders of the Internal Control Bodies and the holders of the areas of complaints and responsibilities of such Organs, shall be authorities. competent for the investigation, processing, substantiation and resolution, if any, of the procedure and appeal established in this Law.

The Secretariat shall be the only competent authority to investigate the possible commission of the infringement referred to in Article 9 of this Law, to determine the responsibilities that derive from it and apply the appropriate penalties.

The Secretariat may ask a Foreign State for the information it requires for the investigation and substantiation of the administrative penalty procedure referred to in the Third and Fourth Chapters of this Law, in the terms provided for in the international instruments of which both States are parties and other applicable ordinances.

Article 6. The provisions contained in the Third, Fourth, and Sixth Chapters of this Law shall apply in all cases in which the investigation is conducted and, if applicable, the the administrative procedure of penalties resulting from the possible commission of the offences provided for in Article 9 of this Law, irrespective of the fact that the mechanisms for international assistance and cooperation are used for such purposes provided for in the international conventions for the prevention and combat of corruption, of which the Mexican State is a party.

Article 7. The responsibilities and penalties referred to in this Law shall be determined and applied regardless of the other responsibilities and penalties provided for in the applicable legal orders.

Chapter Second

Of The Infractions

Article 8. Any of the subjects referred to in Article 2 (I) and (II) of this Act shall incur liability when in the public procurement of federal, directly or indirectly, perform some or some of the following violations:

I. Promises, offers or delivers money or any other gift to a public servant or third party, in exchange for such a public servant's conduct or refrain from performing an act related to their functions or to those of another public servant, for the purpose of obtaining or maintaining a benefit or advantage, regardless of the acceptance or receipt of the money or the gift or the result obtained.

It will also be incurred in liability, when the promise or offering of money or any gift is made to a third party, who in any way intervenes in the design or elaboration of the call for a public tender or any other act relating to the public procurement procedure of a federal nature;

II. Run with one or more subjects referred to in Article 2 of this Law, actions involving or having as their object or effect obtaining a benefit or undue advantage in the public procurement of a federal nature;

III. Conduct acts or omissions that have as their object or effect to participate in federal public procurement, however by law or resolution administrative is prevented from doing so;

IV. Perform acts or omissions that have the object or effect of evading the requirements or rules established in public procurement of a federal nature or to simulate compliance with these;

V. Intercome in your own name but in the interest of another person or other persons who are prevented from participating in federal public procurements, for the purpose of that the latter or the latter obtain, in whole or in part, the profits derived from the procurement;

VI. Force without the right to do so, a public server to give, subscribe, grant, destroy or deliver a document or some good, in order to obtain for itself or a third party a benefit or benefit;

VII. Promote or use its influence, economic or political power, real or fictitious, on any public server, for the purpose of obtaining for itself or a third party a benefit or advantage, regardless of the acceptance of the server or the public servers or the result obtained, and

VIII. Present false or altered documentation or information for the purpose of achieving a benefit or advantage.

When the infringement has been carried out through an intermediary for the purpose that the natural or moral person referred to in Article 2 (I) of this Law obtains any benefit or advantage in the public procurement in question, both of which will be sanctioned prior to the administrative penalty procedure that is substantiated in terms of this Law.

Article 9. The subjects mentioned in Article 2 (III) of this Law, when in any international commercial transaction, by itself or through a third, prometan, offer or give money or any other undue gift, to a foreign public servant or a third party, in exchange for the public servant to carry out or refrain from performing an act related to his or her functions of another foreign public servant, in order to obtain or maintain a benefit or advantage, regardless of the acceptance or result obtained.

Where, in addition to the Mexican State, another or more foreign States have jurisdiction over the infringement referred to in this Article, the competent authorities of such States, at the request of one of them, shall consult to coordinate actions and measures to pursue and punish them.

Third Chapter

From Research

Article 10. The investigation that precedes the sanctioning administrative procedure will start either on its own initiative or by complaint.

The competent authorities may take cognizance of the alleged violations committed by persons subject to this Law, among others, through the following means:

I. CompraNet, by means of the denunciations section set on that system;

II. Reporting by the contracting public institutions or any other authority, which shall send it to the Secretariat or, where appropriate, the authorities to which Fractions II to the XI of Article 4 of this Law are referred to, accompanied by the documentation or information in which it is supported and other evidence with which, if appropriate, it is counted;

III. Denunciations of individuals in which they point out, in protest of telling the truth, the alleged infractions. The manifestation made with falsehood will be sanctioned in terms of applicable criminal law;

IV. Anonymous denunciations that are received through the means established for that purpose, and

V. International denunciations made by a foreign State or international public organization or organization, in which the alleged infractions and accompanying the alleged violations must be specified. test elements in which the support is supported.

The competent authorities shall keep confidential the identity of the persons who report the alleged violations provided for in this Law, as well as those of those who they are intended to benefit from the benefit provided for in Article 31 of the Regulation.

Article 11. Any public servant shall have the obligation to denounce in writing the actions or omissions that he or she has knowledge in the exercise of his or her functions sanctioned in terms of this Law. Failure to comply with this obligation shall be the reason for the penalties provided for in the Federal Law on Administrative Responsibilities of the Public Servants or the applicable legal order of the Federative Entities. federal public authorities, municipalities, including the public authorities of each other and the administrative political bodies of the territorial demarcations of the Federal District.

Article 12. The report must contain the following:

I. The facts and any other information that may be reported by the commission of alleged violations;

II. The identification data of the alleged offender, and

III. The pointing out of the evidentiary elements that accredit the alleged infractions. In the case of complaints referred to in Sections II and V of Article 10 of this Law, the reporting institutions shall accompany the relevant evidence.

Article 13. Once the complaint has been received, if the competent authorities warn of the possible existence of violations, they will initiate the investigation stage referred to by the Law.

Article 14. Requests for information are subject to the following rules:

I. Natural or moral persons, public or private, who are subject to investigation for alleged irregularities committed in federal public procurement, must meet the requirements which, duly substantiated and motivated, make them competent authorities within the time limits laid down in this law and without prejudice to the competence of other authorities and the rights of users of the financial system.

For the purposes of such requirements the competent authority shall set a time limit for the attention of the respective requirement and shall not be less than 5 working days or longer than 10 working days counted from the day following the date of notification of the respective order, without prejudice to the possibility of extending it up to 10 working days, when, for justified reasons, the interested parties so request. If the requirements are not met without justification, the competent authority may impose a fine in accordance with Article 25 of this Law.

II. The contracting public institutions to which they are required to provide information shall be required to provide it within ten working days from the date on which the respective notification takes effect.

When arising from the complexity of the information requirements formulated, the contracting public institutions will require a longer period of time for their attention. extension in writing to the competent authority, duly justified. The extension of the term to be granted shall be non-renewable and shall not exceed 20 working days.

When the public servants do not meet the requirements referred to in this article, a fine will be imposed in terms of the provisions of Article 25 of this Law, except that there is a legal or judicial mandate or a justified cause in the judgment of the competent authority to prevent them and regardless of the initiation of the actions to finance the administrative responsibility to the public servants.

III. The competent authority shall have access, in terms of the laws in the matter, to the information necessary for the clarification of the facts, including those which the legal provisions consider to be of a reserved nature, confidential or which must be kept secret, when it relates to the commission of offences referred to in this law, with the obligation to maintain the same reserve or section, until the determination of the corresponding penalties.

The information obtained in the terms of this article will have probative value in the corresponding sanctioning administrative procedure.

For the purposes of fractions I and II of this Article, the recidivism in the non-compliance with requirements shall be punishable by a fine of up to twice the amount that would have been imposed in terms of those fractions, without prejudice to the obligation to comply with the respective requirement.

Article 15. During the investigation period, the competent authorities may, in addition to requiring information in accordance with Article 14, carry out the other proceedings which may be required. To better provide the necessary information, including the request for documentation and information to any other natural or moral person, tending to check the alleged infractions.

For the investigation of the infringement referred to in Article 9 of this Law, the Secretariat may promote actions arising from assistance and cooperation mechanisms. international conventions for the prevention and combating of corruption.

Article 16. The public servants of the competent authorities who, in the course of the investigations they carry out, have access to classified information as reserved or confidential, shall refrain from divulging or improperly providing it under any means; otherwise, they shall be sanctioned in terms of the Federal Law on Administrative Responsibilities of Public Servants and other ordinances applicable.

Article 17. Concluded the investigation measures, the competent authorities shall proceed to the analysis of the information collected, in order to determine the origin of the start of the sanctioning administrative procedure.

If sufficient elements are not found to demonstrate the existence of the infringement and the likely liability of the infringer, agreement of conclusion and file of the file will be issued, without prejudice to the possibility of further opening of the investigation if new evidence is presented and the powers to sanction have not been prescribed.

Chapter Fourth

the Santioner Administrative Procedure

Article 18. If the investigation is conducted, sufficient elements are warned to cause the existence of the violations provided for in the Second Chapter of the present case to be presumed. Law, the competent authority shall decide on the initiation of the administrative penalty procedure, which shall be notified in accordance with Article 19 of this law.

The agreement referred to in the preceding paragraph must contain at least:

I. The name of the alleged offender or offenders;

II. The identification data of the file that is integrated with the beginning of the procedure and where it can be consulted;

III. Clear, objective, and precise pointing of the violations that are imputed to you and, if applicable, who you have acted as an intermediary;

IV. The provisions of this Act in which the procedure is founded, pointing out those that are estimated to be transacted;

V. The signposting of the benefits set forth in this Act for persons who confess their responsibility for the imputation to be addressed to them, and

VI. The name and signature of the competent authority, as well as the date and place of their issuance.

Article 19. Notifications will be made:

I. On a personal basis, when performed to the subjects referred to in Article 2 of this Act, and

II. By trade, when they are performed to the authorities.

For the practice of personal notifications outside the place of residence of the competent authority, the competent authority may be assisted by any federal authority, who shall carry out the to the applicable rules and shall have the obligation to forward the respective constances within three days of the date on which it was carried out.

For the purposes referred to in the preceding paragraph, the competent authority may also be assisted by state or municipal authorities in accordance with the conventions or instruments of collaboration to be established for that purpose.

Any notification will have its effects the day after it was made.

Article 20. Within the fifteen working days following the notification of the initiating agreement of the administrative procedure sanctioning the alleged infringer may express his or her right, in writing, signed on the basis of a statement of truth or by appearance before the competent authority, in response to any and all acts which he or she is charged with, offering and presenting the evidence which it considers relevant and, where appropriate, recognising its responsibility in relationship to the infringement concerned in the terms and for the purposes set out in this Law.

If the alleged infringer confesses his or her responsibility, it shall be immediately passed, unless the competent authorities have the receipt of evidence to accredit the truthfulness of the confession. In the event that the full validity of the confession is accepted, the provisions of Article 32 of this Law shall apply.

If the alleged infringer does not express in writing what is right or does not appear within the time limit set out in the first paragraph of this Article or I shall cease to respond Any of the conduct or facts that are imputed to you, these will be held for certain, unless proof to the contrary.

Article 21. After the deadline for the alleged infringer to manifest what is at his or her right, the competent authority shall provide for the admission and deahogo of the evidence offered by the latter, observing for that purpose the rules provided for in Title IV of the Federal Code of Civil Procedures.

The competent authorities may be able to make use of the means of proof they deem necessary, without further limitations than those laid down in the Federal Code of Civil Procedure.

Article 22. Undrowned the evidence shall be granted to the alleged infringer for a period of five working days to make pleadings. After that period, the instruction shall be closed and the appropriate resolution shall be issued within a period not exceeding 40 working days.

Article 23. The decision that will be made will decide on the absence of liability or on the imposition of the sanctions, and must be notified to the person concerned within a period not exceeding 10 working days.

Article 24. The subjects sanctioned in terms of this Act may institute the review facility provided for in Title Sixth of the Federal Administrative Procedure Act.

Article 25. Within the investigation stage or within the sanctioning administrative procedure, the competent authorities may impose award measures for the purpose of comply with their determinations.

The award measures will be as follows:

I. Aperception, and

II. Multa, one hundred to two thousand days of general minimum wage in force in the Federal District.

Any award measure shall be duly substantiated and substantiated.

Article 26. In all matters relating to the administrative procedure sanctioning not provided for in this Law, the provisions of the Federal Law of Procedure shall be observed. Administrative.

Chapter Fifth

Of Administrative Sanctions

Article 27. The administrative penalties to be imposed by the commission for the violations referred to in Articles 8 and 9 of this Law shall consist of:

I. Dealing with individuals:

a) Multa equivalent to the amount of one thousand to fifty thousand times the current minimum daily wage for the Federal District.

Dealing with permits, concessions, authorizations or formalities related to federal public procurement or international commercial transactions, the maximum fine provided for in the The above paragraph may be increased by up to 50% where there are objective elements to determine by the competent authority that the benefit obtained by the infringer was higher than the maximum fine.

For the case of federal public procurement, in terms of the legal orders in the field of public procurement, if the maximum fine provided for in the first paragraph of this paragraph is less than thirty percent of the amount of the contract, a fine will be imposed of between thirty and thirty-five percent of the amount of the contract if the latter was awarded to the infringer, and

b) Disablement to participate in federal public procurements for a period that will not be less than 3 months or greater than 8 years;

II. When it comes to moral people:

a) Multa equivalent to the amount of ten thousand up to two million times the current minimum daily wage for the Federal District.

Dealing with permits, concessions, authorizations or formalities related to federal public procurement or international commercial transactions, the maximum fine provided for in the The above paragraph may be increased by up to 50% where there are objective elements to determine by the competent authority that the benefit obtained by the infringer was higher than the maximum fine.

For the case of federal public procurement, in terms of the legal orders in the field of public procurement, if the maximum fine provided for in the first paragraph of This paragraph is less than thirty percent of the amount of the contract, a fine of between thirty and thirty-five percent of the amount of the contract will be imposed if the latter was awarded to the infringer, and

b) Disablement to participate in federal public procurements for a period that will not be less than 3 months and no longer than 10 years.

The fines to be determined in terms of this Law, will have the character of tax credits and will be fixed in liquid quantity, subject to the administrative procedure of execution that establishes the applicable legislation.

In the case of the infringement provided for in Article 8 (II) of this Law, only the penalty of disqualification will be applicable, without prejudice to any other applicable provisions.

The time limit for the penalty for disablement shall be computed from the day following that in which the competent authority publishes the respective decision in the Official Journal of the Federation, unless the disqualification derives from the participation of the infringer in public procurement of a federal nature whose acts are to be disseminated in CompraNet in terms of the applicable provisions, in which case the said period shall be counted from the date of its dissemination on that system.

When in terms of the provisions of this Law, two or more disqualifications are imposed on a single person in various public procurements of a federal nature, such disablement apply in succession, so that once the period of the first is exhausted, the application of the second disablement shall begin and so on. The same rule will apply for international business transactions.

In no case shall the suspension of the disablement be decreed, even if the infringer opts for the administrative litigation against the act of authority that directs or executes it.

Article 28. For the imposition of the administrative penalties provided for in this Law, account shall be taken of the following elements:

I. The severity of the breach that is incurred;

II. The economic circumstances of the offender.

For purposes of this fraction, consideration may be given to the information of the contracts that the infringer has entered into and are recorded in CompraNet, or, if not With this information, the amount of the contract, permit, concession or commercial transaction that originates from the administrative procedure of the sanctioning procedure may be considered;

III. The infringer's background, including his or her behavior in prior federal public procurement or, where applicable, in international commercial transactions;

IV. The degree of involvement of the offender;

V. The means of execution;

VI. The recidivism in the commission of the violations provided for in this Act, and

VII. The amount of profit, profit, or damage or damage arising from the breach, when they have been caused.

For the purposes of this Law, the offender shall be deemed to have been referred to as a repeat offender who has been held responsible for the commission of any of the offences referred to in this Law, again incurs one or more of them within a period of ten years from which the notification of the first sanction takes effect.

Article 29. The powers of the competent authorities to impose the administrative penalties provided for in this Law shall be prescribed within ten years from the date of the day after the offence was committed or from the time when the offence was terminated, if they were of a continuous nature.

For the purposes of this article the prescription is interrupted by the notification of the initiation of the administrative procedure sanctioning or with the impeachment of the respective resolution by the offender.

Article 30. Dependencies and entities, as well as the Attorney General's Office, will not be able to grant to persons who have been sanctioned in terms of this Law, during the period in which they are are disabled, subsidies, donations and other benefits provided for in the Federal Budget and Accountability Act, the Federal Law for the Administration and Disposal of Public Sector Goods and in the other orders applicable.

Chapter Sixth

Of The Reduction Of Sanctions

Article 31. The person who has made any of the violations provided for in this Law, or who is participating in the law, may confess his or her responsibility. in order to benefit from the benefit of the reduction of penalties set out in this Article.

The application of the benefit referred to in the preceding paragraph will have the effect of a reduction of between fifty and seventy percent of the amount of the sanctions imposed to the responsible. The following requirements shall be met in addition to the following requirements:

I. That none of the alleged offenders have been notified of the start of the sanctioning administrative procedure;

II. That the person seeking to benefit from this benefit, be among the subjects involved in the breach, the first to provide sufficient evidence of conviction and to the judgment of the competent authorities to verify the existence of the infringement;

III. That the person seeking to benefit from the benefit fully cooperates and continues with the competent authority carrying out the investigation and, where appropriate, with whom substantial the conducting sanctioning administrative procedure, and

IV. That the person concerned immediately suspends their participation in the violation.

Persons applying for this benefit will be subject to the administrative penalty procedure referred to in this Law, in which compliance with the requirements will be observed. refers to this article, as well as the veracity and validity of the confession made and will be resolved on the origin of such benefit.

Article 32. Once the administrative sanctioning procedure referred to in this Law is initiated, if the alleged infringer confesses his or her responsibility for the acts They shall be charged with a reduction of fifty per cent of the amount of the penalties imposed, provided that they do so within the time limit referred to in Article 20 of this Act.

Chapter Seventh

From Prevention

Article 33. The Secretariat may enter into collaboration agreements with natural or moral persons participating in federal public procurement and in transactions international trade, as well as with business chambers or industrial or trade organisations, with the aim of guiding them in the establishment of self-regulation mechanisms which include the implementation of internal controls and a program of integrity that will enable them to ensure the development of an ethical culture in your organization.

In the design and supervision of the mechanisms referred to in the previous paragraph, international best practices on controls, ethics and business integrity shall be considered, in addition to including measures that inhibit the practice of irregular conduct, which guide partners, managers and employees of companies on compliance with the integrity program and which contain reporting and protection tools Complainants.

TRANSIENT

First. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Second. The implementation of this Law must be carried out with the human, material and budgetary resources assigned to the Secretariat of the Civil Service, to the agencies and entities of the Federal Public Administration and the Office of the Attorney General of the Republic, as well as to the other authorities empowered to implement such an order, so it will not involve any additional charges.

Mexico, D. F., at 25 April 2012.-Dip. Guadalupe Acosta Naranjo, President.-Sen. José González Morfin, President.-Dip. Martin Garcia Aviles, Secretary.-Sen. Martha Leticia Sosa Govea, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby express my request for the Decree at the Federal Executive Branch, in Mexico City, Federal District, on June 8, two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.- Heading.