Federal Archives Act

Original Language Title: Ley Federal de Archivos

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EXECUTIVE BRANCH

SECRETARY OF GOVERNMENT

Federal File Law.

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

Single Article.- Federal File Law is issued.

FEDERAL FILE LAW

TITLE FIRST

GENERAL PROVISIONS

Single Chapter

Article 1. The purpose of this Law is to establish the provisions that permit the organization and conservation of the archives in possession of the Powers of the Union, the constitutional bodies the autonomous and legal entities, as well as establishing the coordination and coordination mechanisms between the Federation, the federal entities, the Federal District and the municipalities for the conservation of the documentary heritage of the Nation, as well as to encourage the protection, dissemination and access of private archives of historical, social, technical, scientific or cultural relevance.

Article 2. This Law is mandatory for the federal public servants referred to in Article 108 of the Political Constitution of the United Mexican States.

Article 3. The interpretation of this Law in the administrative order corresponds to:

I. To the General Archive of the Nation, in the field of the Federal Executive Branch; and

II. To the authority to be determined in the secondary provisions applicable to the other bound subjects.

Article 4. For the purposes of this Law and its scope of application, the following definitions apply:

I. Document Management: A set of methods and practices for planning, directing and controlling the production, circulation, organization, conservation, use, selection, and final destination of archival documents;

II. Archive: Organic set of documents in any medium, which are produced or received by the obligated or private individuals in the exercise of their privileges or in the development of their activities;

III. Updated administrative file: The one that allows the correct administration of documents in possession of the Executive, Legislative, Judicial, and autonomous constitutional bodies of the three government orders;

IV. Concentration file: Unit responsible for the administration of documents whose consultation is sporadic by the administrative units of the required subjects, and which remain in it until their final destination;

V. Processing file: Unit responsible for the administration of documents of daily use and necessary for the exercise of the privileges of an administrative unit;

VI. Historical Archive: Source of public access and the unit responsible for managing, organizing, describing, preserving and disseminating the institutional documentary memory, as well as the one made up of documents or documentary collections that are of relevance to the national memory;

VII. Private archive of public interest: Documents or collections that hold public, historical or cultural interest in the power of individuals;

VIII. File coordinator area: The one created to develop criteria for the organization, administration and conservation of archives; to elaborate in coordination with the administrative units the instruments of archival control; to coordinate the assessment procedures and final destination of the documentation; establish an archival training and advisory program; assist with the Committee on File Information, and coordinate with the information technology area; IT formalisation of the above mentioned activities for the creating, handling, using, preserving and managing electronic files, as well as file automation;

IX. Low documentary: Elimination of any documentation that has been prescribed in its administrative, legal, fiscal or accounting settings, and does not contain historical values;

X. Catalogue of documentary provisions: General and systematic recording of documentary values, retention periods, documentary validity, reservation or confidentiality classification and final destination;

XI. Archival classification: Process of identification and grouping of homogeneous files based on the functional structure of the required subjects;

XII. Information Committee: The respective instance of each subject, established in the Federal Law on Transparency and Access to Government Public Information;

XIII. Committee: The Advisory Technical Committee of the Archives of the Federal Executive referred to in Article 37 of the Law;

XIV. Advisory Academic Board: The one made up of scholars and experts in disciplines related to the archivist, as referred to in Article 36 of this Law;

XV. National Archives Council: The integrated by the representatives of the archives of the three levels of government, of the autonomous constitutional bodies, of academic institutions and of private archives;

XVI. File preservation: A set of procedures and measures to ensure the preservation and prevention of physical alterations to file document information;

XVII. Overview of archival classification: Technical instrument reflecting the structure of a file based on the privileges and functions of each subject;

XVIII. Dependencies and Entities: The ones mentioned in the Organic Law of the Federal Public Administration, including the Presidency of the Republic, the unconcentrated administrative bodies, and the Office of the Attorney General of the Republic;

XIX. Final destination: Selection of files for the processing or concentration files for which the time limit for storage or use has been prescribed, in order to download them or transfer them to a historical archive;

XX. File document: The one that registers an administrative, legal, fiscal or accounting act, created, received, managed and used in the exercise of the faculties and activities of the required subjects, regardless of the support in which they are find;

XXI. Electronic document: The person who stores the information in a medium that requires an electronic device for reading;

XXII. Historical document: A person who has long-term secondary and preservation values for containing information relevant to the public or private generating institution, which integrates the collective memory of Mexico and is fundamental to knowledge of the National History;

XXIII. File: Documentary unit consisting of one or more file documents, ordered and related by the same subject, activity or processing of the required subjects;

XXIV. Background: Set of documents produced organically by a bound subject, which is identified by the latter's name;

XXV. Simple file guide: General outline of the description of the documentary series of the files of a subject, which indicates its fundamental characteristics according to the general picture of the archivist classification and its general data;

XXVI. Institute: The Federal Institute for Access to Information and Data Protection;

XXVII. Documentary inventories: Reference instruments describing the series and files of a file and allowing their location (general inventory), transfer (transfer inventory) or low documentary (low inventory) documentary);

XXVIII. Law: Federal Law of Archives;

XXIX. Metadata: A set of data that describes the context, content, and structure of file documents and their administration over time, and which serve to identify them, facilitate their search, administration, and control of their access;

XXX. Autonomous constitutional bodies: The Federal Electoral Institute, the National Commission for Human Rights, the Bank of Mexico, the National Institute of Statistics and Geography, universities and other institutions of higher education which the law grants autonomy, as well as any other established in the Political Constitution of the United Mexican States;

XXXI. Documentary Heritage of the Nation: Documents of archives or originals and books that by their nature are not easily substitutable and that account for the evolution of the State and of the people and institutions that have contributed in its development, or whose testimonial value, evidence or information gives them public interest, assigns them the status of cultural goods and gives them membership in the collective memory of the country;

XXXII. Term of storage: Period of keeping of the documentation in the files of processing, concentration and, where appropriate, historical. It consists of the combination of the documentary validity and, as the case may be, the precautionary term and reserve period to be established in accordance with the Federal Law on Transparency and Access to Government Public Information;

XXXIII. Regulation: Federal Archives Law Regulation or equivalent normative document issued by the other obligated subjects other than the Federal Executive Branch;

XXXIV. Section: Each of the divisions of the fund, based on the privileges of each subject under the applicable legal provisions;

XXXV. Series: Division of a section corresponding to the set of documents produced in the development of the same general attribution and dealing with a specific subject or matter;

XXXVI. Subject:

a) The Federal Executive Branch, the Federal Public Administration and the Attorney General's Office;

b) The Federal Legislative Branch, made up of the Chamber of Deputies, the Chamber of Senators, the Permanent Commission, the Supreme Audit of the Federation and any of its members. Organs;

c) The Judiciary of the Federation and the Council of Federal Judicature;

d) The autonomous constitutional bodies;

e) Federal administrative courts; and

f) Any other federal organ;

XXXVII. Transfer: Controlled and systematic transfer of sporadic consultation files from a processing file to the concentration file (primary transfer) and files to be kept permanently, from the concentration file to the history file (secondary transfer);

XXXVIII. Documentary value: Condition of the documents that confers administrative, legal, fiscal or accounting characteristics on the files of processing or concentration (primary values); or, evidential, testimonial and informative in the historical files (secondary settings);

XXXIX. Documentary assessment: Activity consisting of the analysis and identification of the documentary values to establish criteria of disposition and transfer actions; and

XL. Documentary validity: Period during which a file document maintains its administrative, legal, fiscal or accounting values, in accordance with the applicable and applicable legal provisions.

Article 5. The obligated subjects referred to in this Law shall be governed by the following principles:

I. Conservation: Adopt technical, administrative, environmental and technological measures for the proper preservation of archives;

II. Provenance: Keep the original order of each documentary background produced by the subjects required in the development of their institutional activity, to distinguish it from other similar funds;

III. Integrity: Ensure that file documents are complete and truthful to accurately reflect the information contained; and

IV. Availability: Adopt appropriate measures for the localization of file documents.

Article 6. These are objectives of this Act:

I. Promote the use, methods and techniques that guarantee the location and expeditious disposition of documents through modern systems of organization and conservation of the archives, which contribute to government efficiency, the correct management government and institutional advancement;

II. Ensure timely access to the information contained in the files and thereby accountability, by appropriate administration and custody of files containing government public information;

III. To regulate the organization and conservation of the institutional system of files of the obliged subjects, in order to preserve them updated and allow the publication in electronic means of the information regarding their management indicators and the exercise of public resources, as well as the exercise of its content of high value for society;

IV. To ensure the proper conservation, organization and consultation of processing, concentration and historical archives; to make public management and access to public information efficient; as well as to promote historical research documentary;

V. Ensure the availability, expeditious location, integrity and preservation of the file documents held by the required subjects;

VI. Promote the use and dissemination of the historical archives generated by the obligated subjects, favoring the research and protection of the institutional memory of Mexico;

VII. To encourage the use of information technologies to improve the administration of files by obliged subjects;

VIII. Establish mechanisms for collaboration between federal, state and municipal authorities in the field of archives; and

IX. Contribute to the promotion of a culture of valuing the archives and their recognition as the axis of government activity.

Article 7. Under no exception public servants will be able to subtract file documents upon completion of their employment, position, or commission.

TITLE SECOND

ORGANIZATION AND ADMINISTRATION OF FILES

Chapter I

From the Organization of Files

Article 8. When the specialty of the information or the administrative unit so requires, the coordination of files of the required subjects will propose to the Information Committee or equivalent, of which must be a party, the specific criteria for the organization and conservation of files, in accordance with the applicable provisions and the guidelines that the General Archive of the Nation and the Institute, in the field of Power, will issue. Federal Executive; or, the authority to determine the secondary provisions applicable in the other bound subjects, in accordance with the guidelines laid down by the National Archives Council.

The instances referred to in Article 31 of the Federal Law on Transparency and Access to Government Public Information will observe the provisions of this Law. The owners of such administrative units or units may determine the specific criteria for the organization and conservation of their files, in accordance with the Guidelines issued by the General Archive of the Nation and the criteria of the National Archives Council, as appropriate.

Article 9. The obligated subjects shall ensure the proper functioning of their files, for which they shall take the necessary measures in accordance with the provisions of this Law, their Regulations and other applicable provisions, as well as, where appropriate, by the specific criteria approved by its Information Committee or equivalent.

The internal control bodies of the Federal Executive Branch, as well as the areas that perform internal comptroller functions in the other obligated subjects other than the Federal Executive Branch, will monitor the strict compliance with this Law, within the scope of their respective attributions.

Article 10. The obligated subjects will have a file coordinator area in charge of preparing and applying the norms, criteria and archival guidelines determined in the framework of this Law, their Regulation and other applicable provisions, in order to achieve homogeneity in the matter between the administrative units.

Article 11. The person responsible for the file coordinator area must cover the profile that is stipulated in the Regulation; it will be named by the owner of the dependency or entity or by the holder of the the body or body to determine the other bound subjects other than the Federal Executive, and shall form part of the Information Committee or its equivalent as a file adviser, with voice and vote.

Article 12. The responsible for the file coordinator area will have the following functions:

I. To prepare and submit to the authorization of the Information Committee or its equivalent the procedures and methods for administering and improving the operation and operation of the files of the obligated subjects, based on the integration of an Annual Plan of The Archivistic Development and in accordance with the provisions of this Law, its Rules of Procedure and other applicable provisions;

II. To draw up and submit to the Committee for Information or its equivalent the establishment of specific criteria for the organisation and preservation of archives, as well as dossiers containing information and documentation classified as reserved and/or confidential, in order to ensure its integrity, in accordance with the provisions of this Law, its Rules of Procedure and other applicable provisions;

III. To prepare, in coordination with those responsible for the processing, concentration and, where appropriate, historical, the general picture of the archivistic classification, the catalogue of documentary disposition, the general inventory, as well as the others Descriptive and archival control instruments;

IV. Coordinate regulations and operationally the actions of the files of processing, concentration and, where appropriate, historical;

V. Establish and develop an archival training and advisory program for the subject;

VI. To prepare and submit to the Information Committee or equivalent the Annual Plan of Archivistic Development, in which the actions to be undertaken at institutional level for the modernization and continuous improvement of the documentary services and archivists, which must be published on each institution's web portal, as well as their respective annual compliance reports;

VII. Coordinate the procedures for the evaluation and final destination of the documentation, based on the current regulations and the provisions established by the General Archive of the Nation, in the case of the Federal Executive Branch; or, by the authority that determine the secondary provisions applicable to other bound subjects; and

VIII. Coordinate with the information technology area of the subject the activities aimed at the automation of the files and the management of electronic documents.

Article 13. Each bound subject shall appoint those responsible for the files for processing, concentration and, where applicable, historical files respectively.

Article 14. In each administrative unit of the required subjects, a processing file shall exist, in which the documents of daily use necessary for the exercise of the privileges shall be kept. of the administrative units.

Those responsible for the processing files shall be appointed by the holder of each administrative unit, who shall be duly trained to carry out the duties inherent in his duties; which are as follows:

I. Integrate file files;

II. Keep the documentation that is active and the one that has been classified as reserved according to the Federal Law of Transparency and Access to Government Public Information, while retaining such a character;

III. Assist with the file coordinator area in the elaboration of the general framework of archival classification, the catalogue of documentary disposition and the general inventory;

IV. Ensure integrity and proper preservation of files containing classified documentation; and

V. The other provisions of the Regulation, the guidelines and other applicable provisions.

Article 15. The required subjects will have a concentration file, attached to the file coordinator area, where the documentation of sporadic use that must be maintained will be retained. administrative, legal, tax or accounting reasons.

The head of the concentration file must have knowledge and experience in archivist, and be appointed by the holder of the unit or entity or by the holder of the instance or body determine the other bound subjects other than the Federal Executive Branch.

The concentration file manager will have the following functions:

I. Preserve the semi-active documentation in a precautionary manner until the documentary life of the document is fulfilled in accordance with the documentary catalogue;

II. Develop low-documentary and secondary transfer inventories;

III. Assess in coordination with the historical archive the documents and files of the series saved according to the documentary disposition catalog; and

IV. The other provisions of the Regulation, the guidelines and other applicable provisions.

Article 16. Dependencies and entities must transfer their documents with historical values to the General File of the Nation, in accordance with the provisions set forth by this last.

The obligated subjects other than the Federal Executive Branch may agree with the General File of the Nation, the corresponding secondary transfers. Otherwise, they must have a history file of their own.

Article 17. The historical file will be attached to the file coordinator area and will be constituted as a source of public access, in charge of divulging the institutional documentary memory, stimulating the use and social exploitation of the documentation, and to disseminate its acquis and instruments of consultation.

The person responsible for the historical archive shall have knowledge and experience in history and archival, and shall be appointed by the holder of the dependency or entity, or by the holder of the instance or body determine the other obligated subjects other than the Federal Executive Branch, which must have a minimum level of area director. You will have the following functions:

I. Validate the documentation that must be kept permanently for historical value, for the opinion of the General File of the Nation in the case of the Federal Executive Branch; or, of the authority that determines the secondary provisions applicable in other bound subjects;

II. Receive, organize, preserve, describe and disseminate documentation with historical value; and

III. The other provisions of the Regulation, the guidelines and other applicable provisions.

Chapter II

From the Administration of Files

Article 18. Any file document in possession of the bound subjects will be part of an institutional file system. This system will include at least the following file document processing:

I. Record input and output of correspondence;

II. Identifying file documents;

III. Usage and tracking;

IV. Archival classification by functions;

V. Integration and management of files;

VI. Description from section, string, and case;

VII. File transfer;

VIII. File preservation;

IX. File override;

X. Criteria for classification of information; and

XI. File audit.

Article 19. The required subjects shall draw up the control and archival consultation instruments that encourage the organization, administration, conservation and expeditious location of their archives, for which they must have at least the following:

I. The general picture of archival classification;

II. The documentary disposition catalog;

III. The documentary inventories;

a) General,

b) Transfer; and

c) Low; and

IV. The simple file guide.

The General File of the Nation, for the case of the Federal Executive Branch, or the instances determined by the National Archives Council in the case of other obligated subjects, will provide the Technical assistance for the preparation of the archival control and consultation instruments, as determined by the Regulation.

The General File of the Nation may provide the advice referred to in the preceding paragraph to the obligated subjects other than the Federal Executive Branch prior to the subscription of the agreements. corresponding.

Article 20. The obligated subjects must implement automated systems for the management of documents to record and control the processes identified in Article 18 of the Law for file documents, as well as the elaboration, capture, organization and conservation of electronic file documents from the different systems of the subject. This functionality should also have the control and consultation instruments identified in Article 19 of the Law.

In the preservation of electronic files in the long term, either by the needs of the subject or by the secondary value of the documents, the functionality of a system of preservation in the long term, which must meet the specifications that are issued for this purpose.

When the required subjects have developed or acquired management and control information tools for the organization and preservation of archival documents, they must be appropriate to the guidelines referred to in the previous article.

Article 21. The General Archive of the Nation, in coordination with the Institute and the Secretariat of the Civil Service, will issue guidelines laying the foundations for the creation and use of systems. automated management and control of documents, both in physical and electronic form, as referred to in the previous Article, applicable to dependencies and entities, which shall contain at least provisions which are intended to:

I. Invariably apply to electronic file documents the same archival technical instruments that correspond to traditional media;

II. Maintain and preserve the metadata that is created for the system;

III. Incorporate rules and measures that ensure the authenticity, security, integrity and availability of electronic file documents, as well as their control and archival management; and

IV. Establish procedures to record the update, migration, support or other process affecting electronic documents and documenting legal and administrative changes in systems and programs or in devices and equipment, that are carried out and influence the content of the electronic file documents.

In addition, the General Archive of the Nation, in coordination with the Institute and the Secretariat of the Civil Service, will issue guidelines for the creation and operation of systems that allow organization and conservation of the information of the administrative archives of the Federal Executive Branch in a complete and up-to-date manner, in order to publish the information regarding management indicators, exercise of public resources and with high value for society.

The authority that establishes the secondary provisions applicable to obligated subjects other than the Federal Executive Branch shall issue the guidelines referred to in this Article, in accordance with the provisions of this Article. with the guidelines to be issued by the National Archives Council for this purpose.

Article 22. The agencies and entities of the Federal Public Administration must notify the General Archive of the Nation by April 15 of each year, the list of documents declassified the previous year and which have been subject to reserve on the basis of Article 13, fractions I to IV of the Federal Law on Transparency and Access to Government Public Information.

Article 23. Federal public servants who are required to draw up a delivery-receipt act upon separation from their employment, position or commission, in terms of the agreement issued by the Secretariat of the Function The public or the appropriate body in the obligated subjects other than the Federal Executive Branch, they will have to hand over to those who replace them in their functions, the organized archives and instruments of consultation and archivistic control that I know they were in their custody.

If to the date the public server is separated from employment, position or commission there is no appointment or designation of the public server that will replace it, the delivery of the report will be made to the public server that is designated for that purpose.

Article 24. In case any dependency or entity of the Federal Public Administration or any of its administrative units disappears, becomes extinct or changes its membership, the authority appropriate to ensure that all archival documents and archival inspection and control instruments are transferred to the files corresponding to this Law and other applicable provisions.

The legal instrument determining the disappearance of a dependency or an administrative unit, or the change in its membership; or, the liquidation, extinction, merger, disposal or transfer of an entity, point out the dependency, entity or instance to which the respective files will be transferred.

Dealing with the liquidation or extinction of an entity of the Federal Public Administration will be the obligation of the liquidator to submit to the General File of the Nation a copy of the inventory of the documentation that is ressave.

THIRD TITLE

OF OBLIGATED SUBJECTS OTHER THAN FEDERAL EXECUTIVE POWER

Single Chapter

Article 25. The subjects who are obliged to the Federal Executive Branch, within the scope of their respective powers, shall establish by means of regulations or general agreements the authorities in charge of applying this Law and other secondary provisions referred to in that order.

For the application of the Law and the issuance of secondary regulation, the obligated subjects other than the Federal Executive Branch will address the guidelines and criteria issued by the National Archives Council.

TITLE FOURTH

FROM ACCESS TO HISTORICAL FILES AND AUTHORIZATION TO OUTPUT AND DISPOSE OF DOCUMENTS

Single Chapter

Article 26. For access to documents in the historical archives of the obligated subjects and the General File of the Nation, the access procedure provided for in the Federal Law of Transparency and Access to Government Public Information, so access to it will be carried out in accordance with the procedure established by the files themselves.

Documents contained in historical archives and those identified as confidential historical files will not be classified as reserved in terms of the Federal Transparency Act and Access to Government Public Information.

Article 27. Information classified as confidential in accordance with the Federal Law on Transparency and Access to Government Public Information, in respect of which your Permanent preservation for having historical value, shall retain such a character for a period of 30 years from the date of creation of the document containing it, or for 70 years in the case of personal data affecting the most intimate sphere of its the holder or whose improper use may give rise to discrimination or serious risk to this. These documents will be identified as confidential history.

The confidential historical documents shall remain in the concentration file of the subjects required by the time limit provided for in the preceding paragraph. Once this deadline has been met, these documents must be transferred to the General Archive of the Nation or a corresponding historical file, and may not be classified in terms of the Federal Law of Transparency and Access to Public Information. Government.

Article 28. The obligated subjects may request the General File of the Nation, in the case of the Federal Executive Branch, or their historical file in other cases, the custody of the documents identified as confidential historical records where the physical conditions of their concentration file do not guarantee the due protection of the documents or put the preservation of the documents at risk during the period laid down in Article 27 of this Law.

Without prejudice to the foregoing, the General File of the Nation or the historical archives, as appropriate, may order the transfer to their acervos of the confidential historical documents of the subjects. required for their custody, when they determine that the concentration files do not have the optimal conditions to ensure the proper organisation and preservation of the concentration by the deadline.

Confidential historical documents transferred to the General File of the Nation or historical records in custody will not be part of the public access history file, until the deadline set out in Article 27 of this Law is concluded.

Article 29. Access to documents deemed to be confidential historical must be observed by the Federal Law on Transparency and Access to Government Public Information and the This Act.

When the General File of the Nation or the equivalent authority in the obligated subjects other than the Federal Executive Branch receive a request for access to confidential historical documents that they have in their custody, they shall provide guidance to the applicant in respect of the liable subject responsible for the information.

During the period provided for in Article 27 of the Law, the holder of the administrative unit who carried out the primary transfer to the concentration file of the documents considered to be historical confidential, it will be responsible for addressing requests for access related to those documents.

Article 30. The Institute or equivalent authority in obligated subjects other than the Federal Executive Branch may determine access to confidential information with historical value when:

I. Request for an investigation or study that is considered relevant to the country, provided that the same cannot be performed without access to the confidential information, and the researcher or the person doing the study is obliged in writing not to disclose confidential information, or any that may make its owner identifiable;

II. The public interest in access is greater than any invasion of privacy that may result from such access;

III. Access will clearly and clearly benefit the holder of the confidential information; and

IV. Be requested by a biographer authorized by the holder of the confidential information.

Article 31. Documents that have belonged to or belong to the files of the federal organs, federal entities, municipalities, and curial houses may not be released from the country, as well as original documents related to the history of Mexico and books that by their nature are not easily substitutable, without the prior authorization of the General Archive of the Nation.

Article 32. In cases of disposal by sale of an acquis or document declared a national documentary heritage, and in general in the case of documents in accordance with the Article 36, fractions I and II, of the Federal Law on Archeological, Artistic and Historical Monuments and Zones, the Federal Executive, through the General Archive of the Nation, will enjoy the right of the same in the terms it establishes the respective Regulation.

Article 33. The files or documents held by individuals and public entities may be received in such a way as by the General File of the Nation for their stabilization.

In cases that after the stabilization mentioned in the previous paragraph, the General File of the Nation establishes that the private archives of public interest and their documents are find in danger of destruction, disappearance or loss, these may be the subject of expropriation, by means of an opinion issued by the General Archive of the Nation, prior to the technical opinion of the Academic Advisory Council, in the terms of the legislation applicable.

Article 34. The procedure and terms for the check referred to in the previous article will be set in the Regulation.

TITLE FIFTH

FROM THE NATIONAL FILE COUNCIL

Chapter I

From the Integration of the National Archives Council

Article 35. The National Archives Council is created as the collegiate body that aims to establish a national policy of public and private archives, as well as national guidelines for document management and the protection of national documentary memory.

I. The National Archives Council will be chaired by the Director General of the General Archive of the Nation.

II. The functioning of the National Archives Council shall be in accordance with the provisions of this Law and, where applicable, in its Rules of Procedure.

Article 36. The following are the privileges of the National Archives Council:

I. Establish guidelines and criteria for the implementation of this Law and its Regulation for the obligated subjects other than the Federal Executive Branch;

II. Establish national guidelines or criteria for the operation of files that integrate the National Archives System for the management, conservation and access to file documents;

III. Promote the interrelationship of public and private archives for the exchange and systemic integration of archival activities;

IV. Encourage the development of updated administrative files in the Executive, Legislative, Judicial branches of the autonomous constitutional bodies of the three government orders;

V. To promote the modernization and methodological homogenization of the archival function, promoting the cooperation and integration of the archives;

VI. Establish criteria for the description of documents and sources of information relevant to the knowledge and dissemination of the history of Mexico, existing in public and private archives and collections, national;

VII. To promote the management, preservation and access to documentary information, based on best international practices;

VIII. Encourage the use and development of new information technologies, document management in electronic environment, and measures for their preservation;

IX. Stimulate the technical training of human resources in the field of archives;

X. Recommend measures for research in public and private files;

XI. To stimulate society's awareness of the importance of active archives as essential information centres, and of historical ones as a fundamental part of collective memory;

XII. To integrate the representatives of files of institutions or entities that are not foreseen in their conformation and that for their participation in the National System of Archives must be included; and

XIII. To encourage the organization and celebration of forums, congresses, conferences, studies, training and exchanges of experience in the field of archives.

Article 37. The National Archives Council will consist of:

I. The Director General of the General Archive of the Nation, who will preside over it;

II. A representative of the archives of the Federal Executive Branch, appointed by the Technical Committee of the Archives of the Federal Executive;

III. A representative of the archives of the Federal Judiciary, appointed by the Federal Judiciary;

IV. Two representatives of the archives of the Federal Legislative Branch, appointed by the President of the Chamber of Deputies and the President of the Chamber of Senators;

V. A representative of the archives of the Bank of Mexico;

VI. A representative of the archives of the National Human Rights Commission;

VII. A representative of the Federal Electoral Institute;

VIII. A representative of the National Institute of Geography, Statistics and Informatics;

IX. A representative of the archives of the states and the Federal District, elected at the National Archives Meeting;

X. A representative of the archives of the municipalities, elected at the National Archives Meeting;

XI. A representative of the files of the state and Federal District judicial powers, elected at the National Meeting of Judicial Archives;

XII. A representative of the archives of the state and Federal District legislative powers, elected at the National Archives Meeting;

XIII. A representative of the Institute;

XIV. A representative of the state and Federal District transparency institutes or councils appointed by the Mexican Conference on Access to Public Information;

XV. A representative of the institutions of teaching, research, or preservation of files designated by the National Association of Universities and Institutions of Higher Education;

XVI. A representative of the university archives chosen by the National Network of Higher Education Archives; and

XVII. A representative of the Association of Private Archives and Libraries.

Article 38. The National Archives Council will be held at the headquarters of the General Archive of the Nation as follows:

I. Members of the National Archives Council referred to in the previous article may appoint an alternate.

II. The National Archives Council will only be held if a quorum of half of its members is met.

III. Decisions will be made by a majority of the votes of the members present in the session, and the Director General of the General File of the Nation will have a vote of quality in case of a tie.

IV. The National Archives Council will have a Technical Secretary, appointed by the General Archive of the Nation.

Chapter II

From The National File System

Article 39. The National Archives System is a mechanism for collaboration, coordination, and permanent articulation between public archives in the three areas of government, private and private sectors. social sector, for the management, preservation and access to documentary information, based on best international practices.

The National Archives System will be implemented in accordance with the provisions of this Law, its Rules of Procedure and the criteria and guidelines issued by the National Archives Council.

Article 40. The National Archives System is integrated by the archives of the Federal Executive Branch, the Judicial Branch of the Federation, the Federal Legislative Branch, the constitutional bodies self-employed persons, autonomous bodies by law, federal authorities and the Federal District, local municipalities or demarcations, universities and institutions of higher education, private archives declared in the public interest; and those private files that request to be considered as part of this system and agree to apply your guidelines.

TITLE SIXTH

THE NATION GENERAL FILE

Chapter I

From the General File operation of the Nation

Article 41. The General Archive of the Nation is the decentralized governing body of the national archivist and central entity for consulting the Federal Executive Branch in the administration of the Administrative and historical archives of the Federal Public Administration. It will have its legal domicile in Mexico City and will have autonomy of management and legal personality of its own for the compliance of its general object, specific objectives and goals.

The economic resources generated by the General Archive of the Nation will be destined for the fulfillment of their attributions.

Article 42. The General Archive of the Nation will have an Advisory Academic Council that will advise you with the knowledge developed in the academic institutions specialized in the disciplines linked to their duties in order to achieve the best development of their privileges.

The Academic Advisory Board will be composed of academics and leading experts, in accordance with the provisions of the Rules of Procedure.

The Technical Secretariat of the Academic Advisory Council will be in charge of the General Archive of the Nation.

Article 43. The General File of the Nation will have an advisory body on the administration of documents and files of the Federal Government, which will be called the Technical Advisory Committee of Files from the Federal Executive.

The Committee's activities should be closely linked to those corresponding to the General Archive of the Nation, as a regulatory entity of the Federal Executive in the field of administration. of documents and files.

The Committee shall be made up of two official representatives of each of the agencies and entities of the Federal Executive, who will serve as the titular and alternate members, respectively, who will be formally appointed by the Chief Officer, or equivalent, of the dependency or entity they represent.

The Committee shall operate and conduct itself in accordance with the provisions laid down in the Regulation.

Article 44. The General File of the Nation will have the following attributions:

I. Chair the National Archives Council, and propose the adoption of national file guidelines;

II. To protect the documentary assets that are held, the secondary transfers of documents with historical value generated by the Federal Executive Branch and, where appropriate, other subjects obliged to the Federal Executive Branch, as well as those documents held by private individuals who, on a voluntary basis and after assessment, incorporate their assets;

III. Declare the Nation's documentary heritage to those who are in the public interest or documents that are in the public interest and conform to the definition provided for in this Law;

IV. Authorize permits for the departure of the country of documents declared as a documentary heritage of the nation; of those original documents related to the history of Mexico and of books that by their nature are not easily substitutable;

V. To gather, organize, preserve and disseminate the graphic, bibliographic and hemerographic documentary collection that it protects, based on the best international practices, appropriate to the national reality;

VI. Establish guidelines for analyzing, assessing and deciding the final destination of the documentation of the obligated subjects of the Federal Executive Branch;

VII. Issue the low-documentary opinion for the obligated subjects of the Federal Executive Branch;

VIII. To develop research in historical and archival matters aimed at the organization, conservation and dissemination of the documentary heritage that it protects and of the archives of the agencies and entities;

IX. Manage recovery and incorporation to your acervos of those files that have historical value;

X. Dictate the administrative provisions related to the preservation and custody of the historical documents of the Federal Executive Branch;

XI. Prepare, publish and distribute, in an onerous or free manner, the works and collections necessary to support the knowledge of its acquis, as well as to promote the archival culture, consultation and use of the country's documentary heritage;

XII. Provide additional services to be determined by the Regulation of this Law and other applicable provisions;

XIII. Determine guidelines for concentrating on their facilities the Official Journal of the Federation and other publications of the Union Powers, the Federal District, the Federal District and the municipalities or territorial demarcations;

XIV. Establish policies to gather, organize and disseminate the graphic, bibliographic and hemerographic collection needed to support archival development and national historical research, based on international best practices adequate to the national reality;

XV. Integrate a specialized bibliohemerographic acquis in the field of files and related topics;

XVI. To monitor and, in the event of non-compliance with this Law, make recommendations to the agencies and entities to ensure compliance and the regulatory provisions, as well as to make the knowledge of the Internal the authorities concerned, the affections of the documentary heritage, in order to establish the corresponding responsibilities;

XVII. To promote the professional development of archivists through collaboration or consultation agreements with public or private authorities and educational institutions;

XVIII. Participate and organize national and international forums and events in the field;

XIX. Contribute to the mechanisms for granting material and economic resources to the files in danger of destruction or loss;

XX. Promote the national registry of public and private historical archives, as well as develop activities related to it;

XXI. Implement agreements with municipalities and institutions, in the framework of meeting their objectives;

XXII. Cooperate with other bodies in charge of national government policy in education, culture, science, technology, information and information technology;

XXIII. Dictate administrative provisions related to the preservation and custody of Federal Executive Branch archive documents;

XXIV. Develop in coordination with the Institute the general guidelines for the organization and conservation of the archives of the Federal Executive Branch;

XXV. Develop systems for the creation, maintenance and preservation of electronic documents that ensure their authenticity, integrity and availability over time;

XXVI. Issue certified copies, paleographical transcripts and opinions of authenticity of the documents in their approach and determine the policies and procedures for providing the services of consultation and reprographics to the public user, after payment of the corresponding rights;

XXVII. Propose the adoption of Mexican Official Standards in the field of archives and contribute in its preparation with the relevant authorities;

XXVIII. Propose to the competent authority the rescue of historical documents of federal public property that are unduly held in the possession of individuals; and

XXIX. The others to be entrusted with other applicable legal provisions.

Article 45. The General File of the Nation may conclude collaboration or coordination agreements, as appropriate, with the obligated subjects other than the Federal Executive Branch, with entities The Federal District and municipalities, as well as individuals, with the purpose of developing actions that will allow the modernization of archival services, the rescue and administration of the nation's documentary heritage, in the framework of the applicable regulations. You can also link to other related international files.

First Section

From The Governing Body

Article 46. For the study, planning, and dispatch of the matters that you are responsible for, the General File of the Nation will have a Governing Body that will be composed of:

I. A President, to be appointed by the President of the Republic; and

II. Those designated by the following dependencies and entities:

a) Secretary of Government;

b) Secretariat of Finance and Public Credit; and

c) Secretary of Public Education.

The Director General of the General Archive of the Nation will be part of the Governing Body with a voice but without a vote, and will have the powers provided for in Article 59 of the Federal Law of the Entities. Parastatals and the others who trust the respective regulations.

Article 47. The Governing Body shall have the powers provided for in Article 58 of the Federal Law of ParaState Entities, as well as those entrusted to it by the respective regulations.

Section Second

From The Director General

Article 48. The Director General of the General File of the Nation shall be appointed by the President of the Republic and shall meet the following requirements:

I. Being a Mexican citizen;

II. Have an academic degree of Doctor of History or have a minimum experience of five years in the direction of a historical archive or substantive area of the same;

III. Not having been convicted by the commission of any wrongdoing;

IV. Be at least thirty years of age a day of designation;

V. Not to be a spouse, or to have a relationship of kinship by consanguinity or affinity to the fourth grade or civil with any of the members of the Governing Body; and

VI. Not having been Secretary of State, Chief of Administrative Department, Attorney General of the Republic, Senator, Federal or Local Deputy, leader of a political party or association, Governor of any State or Head of the District Government Federal, during the year prior to the day of his appointment.

Chapter II

From The National Register of Historical Files

Article 49. The National Register of Historical Archives is a cadastral instrument of the General Archive of the Nation to register and disseminate the heritage of the country's documentary memory. in the historical archives of the Federal Executive Branch, and in a potestative manner, from other public and private archives. The registry will integrate the data on the files and the infrastructure of the archives, as well as on the documents declared as the Nation's documentary heritage.

Private files that benefit from federal funds must be registered in the National Register of Historical Archives and subject to the recommendations issued by the General Archives of the Nation.

The Law Regulation will establish the way in which the National Register of Historical Archives is organized and operated.

Article 50. The files attached to the National Register of Historical Archives must incorporate and then update the data annually on their acervos, in accordance with the provisions and requirements that establish the General File of the Nation.

The private owners of documents or files declared as a documentary heritage of the Nation, registered in the National Register of Historical Archives, will report on any changes affecting documents or acervos, whether in their physical or heritage state.

Article 51. The private files which, at the request of their owners, are registered in the National Register of Historical Archives, will be provided with technical assistance by the General Archive of the Nation and stimulate its organization, conservation, dissemination and consultation.

Chapter III

From the Presidential Files Section

Article 52. The General File of the Nation will be in charge of the Presidential archives section.

At the end of each term, the Presidency of the Republic shall carry out secondary transfers in accordance with its catalogue of documentary disposition.

Article 53. The General File of the Nation shall issue the guidelines according to which the secondary transfer provided for in the previous article shall be carried out.

TITLE SEVENTH

OF VIOLATIONS AND SANCTIONS

Single Chapter

Article 54. Without prejudice to the corresponding criminal or civil penalties, they are the cause of administrative responsibility of the public servants for failure to comply with the obligations established in the this Act the following:

I. Make unreadable, extract, destroy, hide, disable, alter, stain, scrape, mutilate, in whole or in part, and improperly, any document that is stored in a processing, concentration, or historical file;

II. Extract public documents or files from their premises for purposes other than the exercise of their functions and attributions;

III. To move files or public documents declared as documentary heritage of the nation away from the national territory, without the consent of the General Archive of the Nation;

IV. Transfer the ownership or possession of public files or documents for consideration or free of charge;

V. Prevent or hinder the query of documents from historical files without justified cause;

VI. Risk the integrity and proper preservation of historical documents;

VII. Act with negligence in the adoption of measures of a technical, administrative, environmental or technological nature for the proper conservation of the archives;

VIII. Failure to comply with the provisions of Article 7 of this Law; and

IX. Omit to deliver any file or document in your custody by separating from a job, position or commission.

Article 55. The public servants who contravene this Act and its regulatory provisions shall be granted creditors to the measures of aaward and penalties laid down in the Federal Law Administrative Responsibilities of the Public Servers.

The administrative responsibilities shall be independent of those of the civil or criminal order.

Article 56. Users of public and private files and individuals who hold private files of public interest should contribute to the conservation and good health of the public. documents.

Any misuse, material injury or theft of documents by the individuals referred to in the preceding paragraph shall be sanctioned in accordance with the regulations applicable.

Transient

Article First. This Law shall enter into force the day after its publication in the Official Journal of the Federation.

Article Second. The obligated subjects must designate the files responsible for the files referred to in Articles 11 and 13 of the Law, as well as the production of the control documents. and the archival consultation established by Article 19 of this Law, no later than 18 months after the entry into force of this Law.

Article Third. The General File of the Nation, in coordination with the Institute and the Secretariat of the Civil Service, as the case may be, will issue the guidelines to which they refer Articles 21 and 44, fraction XXIV, of this Law, in the 12 months after the publication of this Law.

Article 4. Documents with sensitive personal data that have been transferred to a historical file or the General File of the Nation before the entry into force of this Law, they shall remain in such archives and shall retain their character as confidential until they meet the deadline laid down in Article 27 of this Law.

As long as the deadline indicated in the previous paragraph is not concluded, access to them will proceed in accordance with the provisions of the Federal Law on Transparency and Access to Public Information. Government.

Article Fifth. The General File of the Nation will authorize the permanence of the historical files of the dependencies and entities that have been created before the entry into force of this Law, for which it will assess the physical, material and administrative conditions in which the files are located, in order to verify the proper conservation, organization and dissemination of the documentation, and to determine the convenience of the remain of the files or the transfer of your documents with historical value to the General Archive of the Nation.

Article Sixth. The General File of the Nation shall issue the guidelines referred to in Articles 44, fractions VI and XIII, and 52, not later than 2 years after entry into This Law shall apply.

Article Seventh. The General File of the Nation will issue guidelines for the structure and functioning of the Academic Advisory Council in the following 180 working days. subsequent to the commencement of this Law.

Article Eighth. The Federal Executive will issue the Federal Archives Act within the year following its entry into force.

Article Ninth. The General File of the Nation will publish on its electronic portal the provisions and requirements to incorporate and update the data in the National Register of Historical Archives, no later than 180 working days after the publication of this Law.

Article Tenth. The obligated subjects other than the Federal Executive Branch shall establish the authorities referred to in Article 25 of this Law not later than 1 year. after its entry into force.

Article Decides First. The obligated subjects other than the Federal Executive Branch shall establish the mechanisms to elect and appoint representatives of the National Council of Files referred to in Article 35 of this Law no later than 1 year after its entry into force.

Article Decimal. All laws or regulations that contravene this Law shall be repealed.

Mexico, D. F., as of December 8, 2011.-Sen. José González Morfin, President.-Dip. Emilio Chuayffet Chemor, President.-Sen. Ludivina Menchaca Castellanos, Secretary.-Dip. Balfre Vargas Cortez, 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 Residence of the Federal Executive Branch, in Mexico City, Federal District, at eighteen January of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.