Federal Law For The Prevention And Identification Of Operations With Resources Of Illicit Origin

Original Language Title: Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita

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SECRETARY OF FINANCE AND PUBLIC CREDIT

DECREE issuing the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Provenance.

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 LAW FOR PREVENTION AND E IDENTIFICATION OF OPERATIONS WITH ILLICIT PROVENANCE RESOURCES

Article Unique.- The Federal Law for the Prevention and Identification of Operations with Resources of Illicit Provenance is issued:

Federal Law for the Prevention and Identification of Operations with Illicit Provenance Resources

Chapter I

Preliminary Provisions

Article 1. This Law is of public order and interest and of general observance in the United Mexican States.

Article 2. The purpose of this Act is to protect the financial system and the national economy by establishing measures and procedures to prevent and detect acts or operations that involve resources of illegal origin, through inter-institutional coordination, which aims to obtain useful elements to investigate and prosecute the crimes of operations with resources of illegal origin, those related to the latter, the financial structures of the criminal organisations and avoid the use of resources for their financing.

Article 3. For the purposes of this Act, it is understood by:

I. Vulnerable Activities, to the activities performed by the Financial Entities in terms of Article 14 and referred to in Article 17 of this Law;

II. Notices, to those to be filed in terms of article 17 of this Act, as well as to reports to be filed by financial institutions in terms of Section 15, fraction II, of this Act;

III. Beneficiary Controller, to the person or group of people who:

a) By means of another or any act, obtains the benefit derived from these and is who, ultimately, exercises the rights of use, enjoyment, enjoyment, use or disposition of a or service, or

b) exercises the control of that moral person who, in his client or user character, carries out acts or operations with whom he carries out Vulnerable Activities, as well as the persons account of who holds one of them.

It is understood that a person or group of persons controls a moral person when, through the ownership of securities, by contract or any other act, it can:

i) Impose, directly or indirectly, decisions in the general assemblies of shareholders, partners or equivalent bodies, or appoint or remove the majority of directors, administrators or their equivalents;

(ii) Maintain the ownership of rights that allow, directly or indirectly, to exercise the vote in respect of more than fifty percent of the share capital, or

iii) Direct, directly or indirectly, the administration, strategy, or main policies of the administration.

IV. Crimes of Operations with Resources of Illicit Provenance, as defined in Chapter II of Title Twenty-Third of the Federal Criminal Code;

V. Collegiate Entities, to the moral persons recognized by Mexican law, who comply with the requirements of Article 27 of this Law;

VI. Financial institutions, those regulated by Articles 115 of the Law on Credit Institutions; 87-D, 95 and 95 Bis of the General Law of Organizations and Auxiliary Activities of Credit; 129 of the Law of Credit Unions; 124 of the Law of Savings and Popular Credit; 71 and 72 of the Law to regulate the Activities of the Cooperative Savings and Loan Societies; 212 of the Law of the Market of Securities; 91 of the Law of Investment Companies; 108 Bis of the Law of the Savings Systems for Retirement; 140 of the General Law of Mutual Institutions and Societies of Insurance, and 112 of the Federal Law of the Fiance Institutions;

VII. Public Fedatarios, notaries or public corridors, as well as public servants to whom the Laws entrust them with the power to give public faith in the exercise of their privileges established in the legal provisions relevant, involved in the performance of Vulnerable Activities;

VIII. Law, to the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Provenance;

IX. Precious metals, gold, silver and platinum;

X. Precious stones, the following gems: aquamarines, diamonds, emeralds, rubies, topacios, turquoise and sapphire;

XI. Attorney General, Attorney General of the Republic;

XII. Business relationship, to that established in a formal and daily manner between the person who performs a Vulnerable Activity and its clients, excluding the acts or operations that are held occasionally, without prejudice to any other legal and regulatory provisions;

XIII. Secretariat, to the Secretariat of Finance and Public Credit, and

XIV. Unit, to the Office of the Attorney General's Financial Analysis Unit.

Article 4. As not provided for in this Law, the provisions contained in:

shall apply in accordance with their nature and in an additional manner.

I. The Trade Code;

II. The Federal Civil Code;

III. The Federal Administrative Procedure Act;

IV. The Federal Law on Transparency and Access to Government Public Information, and

V. The Federal Law for the Protection of Personal Data in Possession of Particular.

Chapter II

From Authorities

Article 5. The Secretariat shall be the competent authority to apply, in the administrative field, this Law and its Rules of Procedure.

Article 6. The Secretariat will have the following powers:

I. Receive the Notices of those who perform the Vulnerable Activities referred to in Section II of Chapter III;

II. Require the information, documentation, data and images necessary for the exercise of its powers and to provide the Unit with the information required in this Law;

III. Coordinate with other national and foreign supervisory and public security authorities, as well as with those who perform Vulnerable Activities, to prevent and detect acts or operations related to the object of this Law, of the applicable legal provisions;

IV. To present the complaints that correspond to the Public Ministry of the Federation when, in order to exercise their privileges, identify facts that may constitute crimes;

V. Require the appearance of suspected offenders and other persons who may contribute to the verification of compliance with the obligations arising from this Law;

VI. Know and resolve on review resources that stand against applied sanctions;

VII. Issue General Character Rules for the purposes of this Law, to better provide in the administrative sphere, and

VIII. The other provisions of this Law and other applicable legal systems.

Article 7. The Attorney General's Office will have a Unit specializing in Financial Analysis, as a specialized agency in financial and accounting analysis related to operations with resources of illicit origin.

The Unit, whose holder will have the status of agent of the Public Ministry of the Federation, will have ministerial officers and specialized personnel in the matters related to the the purpose of this Law, and shall be attached to the Office of the Attorney General of the Republic.

The Unit may use the research techniques and measures provided for in the Federal Code of Criminal Procedures and the Federal Law Against Organized Crime.

Article 8. The Unit will have the following powers:

I. Require the Secretariat to provide information that is useful for the exercise of its powers;

II. Establish the criteria for the presentation of the reports to be prepared by the Secretariat, on financial operations that may be linked to schemes of operations with resources of illicit origin;

III. To design, integrate and implement systems and mechanisms for analyzing financial and accounting information so that it can be used by this and other competent units of the Attorney General's Office, in particular those related to the Present Law;

IV. Contribute with other competent areas of the Attorney General's Office, in the development of intelligence tools with interdisciplinary methodologies for analysis and investigation of the various criminal, socioeconomic and financial variables, to be known the development of activities related to the crime of operations with resources of illicit origin and measure their regional and sectoral risk;

V. Generate their own tools for the effect of investigating patterns of behavior that may be related to operations with illicit provenance resources;

VI. Participate in the design of training, updating, and specialization schemes in the fields of financial and accounting analysis;

VII. To issue guides and technical manuals for the formulation of opinions on financial and accounting analyses required by agents of the Public Ministry of the Federation in the performance of their functions of investigation and prosecution of the offences of operations with resources of illicit origin;

VIII. Establish mechanisms for direct consultation of information that may be related to operations with illegal sources of origin, in the databases of the authorities of the three government orders, for the planning of the fight against offences of operations with resources of illicit origin;

IX. Conduct the investigation to obtain indicia or evidence linked to operations with resources of illicit origin in accordance with Chapter II of Title Twenty-Third of the Second Book of the Federal Criminal Code, and contribute to the Specialised unit provided for in the Federal Law against Organised Crime in the case of related investigations;

X. Require reports, documents, opinions and evidence in general to the agencies and entities of the public administration of the three government orders, and to other authorities, autonomous public bodies, including constitutional ones, and those persons responsible for giving Notices in the organizations with Activities subject to supervision provided for in this Law. In all cases, these requirements should be made in the framework of a formally initiated investigation, as well as on individuals and facts recorded in a previous investigation. In the case of Financial Entities, the requirements for information, opinion and evidence in general shall be made through the Secretariat;

XI. Conclude agreements with the federal entities to directly access information available in the Public Records of the Property of the country's federal entities, for the investigation and prosecution of the crimes of operations with resources of illicit origin;

XII. To issue opinions and opinions on the financial and accounting analyses required, and

XIII. Other than those laid down by law and regulation.

Article 9. The public servants assigned to the Unit, in addition to meeting the income and selection requirements determined by the Organic Law of the Attorney General's Office, must:

I. Accredit specialization courses in crimes of operations with resources of illicit origin and organized crime to be established in the applicable provisions;

II. Approve the initial and periodic assessment processes that are required for entry and stay in that specialized unit, and

III. Have not been punished with suspension for more than 15 days, removal or disablement, by firm resolution in their employment path.

Article 10. The staff of the Secretariat who have access to the database that will concentrate the Notices related to the Vulnerable Activities must comply with the requirements specified in the fractions of the previous article.

Article 11. The Secretariat, the Attorney General's Office and the Federal Police will be required to establish training, updating, and specialization programs aimed at personnel assigned to them. respective areas responsible for the prevention, detection and combating of the crime of operations with resources of illicit origin and in the matters necessary for the achievement of the object of this Law, in the field of their respective competences.

Article 12. For compliance with the purpose of this Act, the authorities will have the following obligations:

I. To observe, in the exercise of this Law, the guiding principles of the public security institutions referred to in Article 21 of the Political Constitution of the United Mexican States;

II. Coordinate their actions, in the field of their respective competences, for the fulfillment of the object of this Law;

III. Refrain from providing information generated on the occasion of this Law to any person who is not entitled to take or impose news of it;

IV. Establish measures for the protection of the identity of those who provide the Notices referred to in this Law, and

V. When establishing administrative regulations, in their areas of competence, aimed at identifying and preventing acts or operations related to the object of this Law, they shall:

a) Seek an appropriate regulatory balance, which avoids unnecessary inconvenience or formalities affecting the normal development of the activity;

b) Take the necessary steps to facilitate compliance with this Law and mitigate its economic impact; and

c) Prevent the financial system from being used for illicit operations.

Chapter III

Of Financial Entities and Vulnerable Activities

First Section

Of Financial Entities

Article 13. For the purpose of this Law, the Financial Entities shall be governed by the provisions of this Law, as well as by the Laws that regulate in accordance with their specific activities and operations.

Article 14. For the purposes of this Section, the acts, operations, and services performed by the Financial Entities in accordance with the laws that in each case regulate them, consider Vulnerable Activities, which will be governed by the terms of this Section.

Article 15. The Financial Entities, in respect of the Vulnerable Activities in which they participate, have in accordance with this Law and with the laws that specifically regulate them, the following obligations:

I. Establish measures and procedures to prevent and detect acts, omissions or operations that may be placed in the cases provided for in Chapter II of Title Twenty-Third of the Federal Criminal Code, as well as to identify its clients and users; in accordance with the provisions of Articles 115 of the Law on Credit Institutions; 87-D, 95 and 95 Bis of the General Law of Organizations and Auxiliary Activities of Credit; 129 of the Law of Credit Unions; 124 of the Law of Savings and Popular Credit; 71 and 72 of the Law to Regulate the Activities of Societies Savings and Loan Cooperatives; 212 of the Securities Market Act; 91 of the Investment Companies Act; 108 Bis of the Savings Systems Act for Retirement; 140 of the General Law of Insurance Institutions and Mutual Societies, and 112 of the Federal Law of the Institutions of Fiances;

II. Present to the Secretariat the reports on acts, operations and services they carry out with their clients and carry out members of the administrative board, proxies, directors and employees of the entity themselves that could be located on schedule in section I of this Article or which, where appropriate, may contravene or infringe the proper application of the provisions identified;

III. Deliver to the Secretariat, through the competent unconcentrated organ, information and documentation relating to the acts, operations and services referred to in this Article, and

IV. Keep, for at least ten years, the information and documentation relating to the identification of its customers and users or those who have been, as well as those of those acts, operations and services reported in accordance with this Article, without prejudice to what is set out in this or other applicable ordinances.

Article 16. The monitoring, verification and monitoring of compliance with the obligations referred to in this Section and the provisions of laws that specifically regulate Financial institutions shall be carried out, as appropriate, by the National Banking and Securities Commission, the National Insurance and Securities Commission, the National Commission of the Savings System for the Retreat or the Administration Service Tax.

The deconcentrated organs referred to in the preceding paragraph, within the scope of their respective competencies, shall issue the general criteria and policies to supervise the Entities. Financial assistance for the fulfilment of the obligations laid down in this Section. The Secretariat shall contribute to such de-concentrated bodies in order to ensure the approval of such criteria and policies.

Section Second

Of Vulnerable Activities

Article 17. For the purposes of this Law, it will be understood to be Vulnerable Activities and, therefore, object of identification in terms of the following article, which are then enlists:

I. Those linked to the practice of gambling, contests or sweepstakes which are carried out by decentralised bodies in accordance with the applicable legal provisions, or are carried out under the existing permits granted by the Secretariat of Governance under the Federal Gaming and Sweepstakes Act regime and its Rules of Procedure. In these cases, only when they are performed under the following modes and amounts:

The sale of tickets, tokens or any other similar type of voucher for the practice of such games, contests or sweepstakes, as well as the payment of the value of such tickets, tokens or receipts or, in general, the delivery or payment of prizes and the performance of any financial transaction, whether it is carried out individually or in series of transactions linked to each other in appearance, with the persons involved in such games, contests or sweepstakes, provided that the value of any such operations are for an amount equal to or greater than the equivalent of three hundred and twenty-five times the minimum wage in the Federal District.

The above activities shall be the subject of Notice to the Secretariat, where the amount of the act or operation is equal to or greater than the equivalent of forty-five times the salary minimum in force in the Federal District.

II. The issuing or placing on the market, customary or professional, of service cards, credit cards, prepaid cards and all those which constitute instruments of storage of monetary value, which are not issued or marketed by Financial Entities. Provided that, in the light of such activities, the issuer or trader of such instruments maintains a business relationship with the acquirer; such instruments permit the transfer of funds, or their marketing is done in a manner occasional. In the case of service or credit cards, when the monthly expenditure accumulated in the account of the card is equal to or greater than the equivalent of eight hundred and five times the minimum wage in force in the Federal District. In the case of prepaid cards, when their marketing is carried out for an amount equal to or greater than the equivalent of forty-five times the minimum wage in force in the Federal District, per operation. The other monetary value storage instruments shall be regulated in the Regulation of this Law.

They shall be the subject of a Notice to the Secretariat, in the case of service or credit cards, when the monthly expenditure accumulated in the account of the card is equal to or greater than the equivalent of a One thousand two hundred and eighty-five times the minimum wage in the Federal District. In the case of prepaid cards, when marketed for an amount equal to or greater than the equivalent of forty-five times the minimum wage in force in the Federal District;

III. The usual or professional issuance and marketing of traveler's checks, other than that performed by the Financial Entities.

They shall be the subject of Notice to the Secretariat when the issuance or marketing of the traveller's cheques is equal to or greater than the equivalent of forty-five times the salary minimum current in the Federal District;

IV. The usual or professional offer of operations of mutual or guarantee or granting of loans or loans, with or without guarantee, by subjects other than the Financial Entities.

They shall be the subject of a Notice to the Secretariat when the act or operation is equal to or greater than the equivalent of one thousand six hundred and five times the minimum wage in force in the Federal District;

V. The usual or professional provision of construction services or the development of immovable property or of intermediation in the transfer of ownership or the formation of rights on such goods, involving the purchase of or the sale of the goods themselves on behalf of or in favour of customers of those who provide such services.

They will be the subject of Notice to the Secretariat when the act or operation is equal to or greater than the equivalent of eight thousand twenty-five times the minimum wage in the District Federal;

VI. The marketing or regular or professional intermediation of precious metals, precious stones, jewels or watches, involving the purchase or sale of such goods in acts or operations whose value is equal to or greater than that of the equivalent to eight hundred and five times the minimum wage in the Federal District, with the exception of those in which the Bank of Mexico intervenes.

You will be the subject of Notice to the Secretariat when the person who carries out these activities carries out a cash operation with a customer for an amount equal to or greater than or equivalent to a thousand six hundred times the minimum wage in force in the Federal District;

VII. The usual or professional auction or marketing of works of art, involving the purchase or sale of such goods by acts or operations with a value equal to or greater than the equivalent of two thousand four hundred and ten times the minimum wage in the Federal District.

The above activities shall be the subject of Notice to the Secretariat, when the amount of the act or operation is equal to or greater than the equivalent of four thousand eight hundred and fifteen times the salary minimum current in the Federal District;

VIII. The marketing or professional distribution of vehicles, new or used, whether air, sea or land with a value equal to or greater than three thousand two hundred and ten times the minimum wage in the District Federal.

The above activities will be the subject of Notice to the Secretariat, when the amount of the act or operation is equal to or greater than the equivalent of six thousand four hundred twenty times the salary minimum current in the Federal District;

IX. The usual or professional provision of services for the protection of terrestrial, new or used vehicles, as well as real estate, for an amount equal to or greater than the equivalent of two thousand four hundred and ten times the minimum wage in force in the Federal District.

The above activities shall be the subject of Notice to the Secretariat, when the amount of the act or operation is equal to or greater than the equivalent of four thousand eight hundred and fifteen times the salary minimum current in the Federal District;

X. The usual or professional provision of transfer or custody services of money or securities, with the exception of those in which the Bank of Mexico and the institutions engaged in the deposit of securities are involved.

They will be the subject of Notice to the Secretariat when the transfer or custody is equal to or greater than the equivalent of three thousand two hundred ten times the minimum wage in the District Federal;

XI. The provision of professional services, independently, without any work relationship with the respective client, in those cases where it is prepared for a client or is carried out in the name and representation of the client the following operations:

(a) The sale of immovable property or the transfer of rights to immovable property;

b) Administration and management of resources, values, or any other assets of your clients;

c) Handling of bank, savings, or securities accounts;

(d) the organisation of capital injections or any other type of resources for the constitution, operation and management of commercial companies

or

e) The constitution, division, merger, operation and administration of moral persons or corporate vehicles, including the trust and the purchase or sale of commercial entities.

They will be the subject of Notice to the Secretariat when the provider of such services carries out, in the name and representation of a client, a financial transaction that is related to the operations identified in the incites of this fraction, with respect to professional secrecy and defense guarantee in terms of this Law;

XII. The provision of public faith services, in the following terms:

A. Dealing with public notaries:

(a) The transmission or incorporation of real property rights, except for guarantees which are in favour of institutions of the financial system or public bodies of housing.

These operations shall be the subject of a Notice to the Secretariat when, in the acts or operations, the agreed price, the cadastral value or, where applicable, the commercial value of the property, which is higher, or in your case the amount guaranteed by the main luck, be equal to or greater than the equivalent in national currency to sixteen thousand times the current daily minimum wage for the Federal District;

b) The granting of powers for acts of administration or domain granted on an irrevocable basis. The operations provided for in this paragraph will always be the subject of Notice;

c) The constitution of moral persons, their property modification arising from the increase or decrease of social capital, merger or division, as well as the sale of shares and social parts of such people.

They will be the subject of Notice when the operations are performed in an amount equal to or greater than the equivalent of eight thousand twenty-five times the minimum wage in the Federal District;

(d) the establishment or modification of transfer of domain or guarantee trusts on buildings, except those which are constituted to guarantee some credit in favour of institutions of the financial system or public housing agencies.

They will be the subject of Notice when the operations are performed in an amount equal to or greater than the equivalent of eight thousand twenty-five times the minimum wage in the Federal District;

e) The granting of contracts of mutual or credit, with or without guarantee, in which the creditor is not part of the financial system or is not a public housing agency.

The operations provided for in this subsection will always be the object of Warning.

B. Dealing with public corridors:

(a) The performance of goods with value equal to or greater than the equivalent of eight thousand and twenty-five times the minimum wage in the Federal District;

(b) The constitution of commercial moral persons, their property modification resulting from an increase or decrease in social capital, a merger or a division, as well as the purchase of shares and social parts of commercial moral persons;

(c) The constitution, modification or assignment of trust rights, in which according to applicable law they may act;

(d) The granting of contracts of mutual commercial or commercial credit in which according to the applicable law they can act and in which the creditor is not part of the system financial.

The above acts or operations shall be addressed to the Secretariat in terms of the inpoints of this paragraph.

C. As regards the public servants to whom the laws confer upon them the power to give public faith in the exercise of their powers provided for in Article 3, fraction VII of this Law.

XIII. The receipt of donations, by associations and non-profit societies, of a value equal to or greater than the equivalent of one thousand six hundred and five times the minimum wage in force in the Federal District.

They will be the subject of Notice to the Secretariat when the amounts of the donations are equal to or greater than the equivalent of three thousand two hundred ten times the minimum wage in force in the the Federal District;

XIV. The provision of foreign trade services as an agent or a customs agent, by authorization granted by the Secretariat of Finance and Public Credit, to promote the dispatch of goods, in the different regimes customs duties provided for in the Customs Act, of the following goods:

(a) New and used land, air and sea vehicles, whatever the value of the goods;

b) Machines for betting and raffles, new and used, whatever the value of the goods;

(c) Equipment and materials for the production of payment cards, whatever the value of the goods;

(d) Jewels, watches, precious stones and precious metals, the individual value of which is equal to or greater than the equivalent of four hundred and eighty-five times the minimum wage in force in the Federal District;

e) Works of art, whose individual value is equal to or greater than the equivalent of four thousand eight hundred and fifteen times the minimum wage in force in the Federal District;

f) ballistic resistance materials for the provision of vehicle shielding services, whatever the value of the goods.

The above activities shall be the subject of Notice in all cases referred to above, having regard to the provisions of Article 19 of this Law;

XV. The constitution of personal rights of use or enjoyment of real estate for a monthly value exceeding the equivalent of one thousand six hundred five times the minimum wage in force in the Federal District, on the day when the payment is made or the obligation.

The above activities will be the subject of Notice to the Secretariat, when the amount of the monthly act or operation is equal to or greater than the equivalent of three thousand two hundred ten times the salary minimum in force in the Federal District.

Acts or transactions that are performed in amounts lower than those indicated in the previous fractions shall not give rise to any obligation. However, if a person carries out acts or transactions for a cumulative sum over a period of six months exceeding the amounts established in each case for the formulation of Notices, it may be considered as an operation subject to the obligation of present the same for the purposes of this Law.

The Secretariat may determine by means of general provisions, the cases and conditions under which the activities subject to supervision are not to be subject to Notice, provided that they have been performed through the financial system.

Article 18. Those who perform the Vulnerable Activities referred to in the previous article shall have the following obligations:

I. Identify customers and users with whom they perform the activities themselves subject to supervision and verify their identity based on official credentials or documentation, as well as collect copies of the documentation;

II. For cases where a business relationship is established, the customer or user will be asked for information about their activity or occupation, based among others, in the notices of registration and updating of activities presented for of the Federal Register of Taxpayers;

III. Ask the client or user to participate in Vulnerable Activities information about whether they are aware of the existence of the beneficial owner and, where appropriate, display official documentation to identify it, if it is in its possession power; otherwise, declare that it does not have it;

IV. Protect, protect, safeguard and prevent the destruction or concealment of information and documentation supporting the Vulnerable Activity, as well as identifying your clients or users.

The information and documentation referred to in the preceding paragraph shall be kept in a physical or electronic manner, for a period of five years from the date of completion. of the Vulnerable Activity, except that the laws of the matter of the federative entities set a different deadline;

V. Provide the facilities necessary for verification visits to be carried out in the terms of this Law, and

VI. Submit the Notices to the Secretariat in the time and under the form provided for in this Law.

Article 19. The Law Regulation shall establish simplified measures for the fulfilment of the obligations laid down in the previous Article, depending on the level of risk of the Vulnerable Activities and those who perform them.

The Regulation should also consider as a means of alternative compliance with the obligations outlined in the previous articles, the compliance, in time and form, that the The Secretariat shall take into account the information provided by the Ministry of Information and the Ministry of Information, and shall be responsible for the information provided by the Secretariat. provided in formats, records, systems, and any other means to which you have access.

Article 20. Moral persons who perform Vulnerable Activities shall appoint a representative to the Secretariat in charge of compliance with the obligations arising from the this Act, and maintain that designation, the identity of which must be protected in accordance with Article 38 of this Law.

As long as there is no representative or the designation is not up to date, compliance with the obligations that this Law points out, will be the responsibility of the members of the administrative organ or to the sole administrator of the moral person.

The natural persons will have to comply, in all cases, personal and directly with the obligations that this Law establishes, except in the case provided for in the Third Section of the Chapter III of this Law.

Article 21. Customers or users of those who perform Vulnerable Activities will provide these with the necessary information and documentation for compliance with the obligations that this Act establishes.

Those who perform the Vulnerable Activities shall refrain, without any responsibility, from carrying out the act or operation in question, when their clients or users refuse to provide them with the information or documentation referred to in the preceding paragraph.

Article 22. The presentation to the Secretariat of the Notices, information and documentation referred to in this Law by those who perform the Vulnerable Activities implicate for these, transgression of the obligations of confidentiality or legal, professional, fiscal, banking, fiduciary or any other that provide for the laws, nor can be object of clause of confidentiality in convention, contract or legal act.

Third Section

Plans and Forms for the Presentation of Notices

Article 23. Those who perform Vulnerable Activities from those provided for in this Section shall submit to the Secretariat the relevant Notices, no later than the 17th of the month the following immediate, as appropriate to the one in which the operation was carried out which gave rise to it and which is the subject of Notice.

Article 24. The presentation of the Notices will be carried out through the electronic means and in the official format established by the Secretariat.

Such warnings will contain the act or operation related to the Vulnerable Activity that is reported, as follows:

I. General data of who performs the Vulnerable Activity;

II. General data of the client, users or the Controller Beneficiary, and the information about their activity or occupation in accordance with Article 18 fraction II of this Law, and

III. General description of the Vulnerable Activity on which it is Warning.

Notaries and public corridors will be given the obligations to submit the relevant Notices by means of the electronic system by which they report or present the information. statements and Notices referred to in the federal tax provisions.

Article 25. The Secretariat may require in writing or during verification visits, the documentation and information support of the Notices that it relates to them.

Section Fourth

Collegiate Entity Pipeline Notices

Article 26. The subjects to be submitted by Notices as provided for in Section 2 of this Chapter may submit them through a Collegial Entity which must comply with the requirements set out in this Law.

Item 27. The Collegiate Entity must comply with the following:

I. Comply with those who perform similar tasks related to Vulnerable Activities, in accordance with the applicable law according to the object of the moral persons that make up the entity;

II. Keep the register of its members up to date, which they submit through their Notices to the Secretariat;

III. To have within its object the presentation of the Notices of its members;

IV. Appoint the Office to the Secretariat or, where appropriate, the representative in charge of the submission of the Notices and maintain that designation in force.

The representative must, at least, have a general power for acts of administration of the entity and receive annually training for the fulfilment of the obligations that establishes this Act;

V. Ensure confidentiality in the management and use of the information contained in the Notices of its members;

VI. To ensure the custody, protection and protection of the information and documentation provided by its members for the fulfilment of the obligations of the members;

VII. Count on the express mandate of its members to present to the Secretariat the Notices of these;

VIII. To have the computer systems that meet the technical and security characteristics required to present the Notices of their members, and

IX. Have an agreement in place with the Secretariat that expressly allows you to submit the Notices referred to in Section II of this Chapter, representing its members.

Collegiate entities recognized by the Law may, after agreement with the Secretariat, establish a hub to comply with the provisions of this Law.

The Regulation will regulate what is necessary for the establishment and functioning of the bodies to be established.

Article 28. The Collegial Entity must comply with the presentation of the Notices of its members within the deadlines and in compliance with the formalities that conform to this Law.

Article 29. The Collegial Entity must comply in time and form with the information and documentation requirements related to the Notices that the Secretariat makes to you. or during verification visits.

Article 30. Non-compliance with the obligations of the members for reasons attributable to the Collegiate Entity shall be the responsibility of the Collegiate Entity.

The Collegiate Entity shall not be liable if the failure to comply with the obligations of the member is for reasons attributable to the member.

Article 31. The Collegiate Entity shall report at least thirty days in advance, to the Secretariat and its members, to the intention of extinction, dissolution or settlement of the same, or of its intention to cease acting as an intermediary between its members and the Secretariat.

From extinction, dissolution or liquidation, or if you stop acting as an intermediary between your members and the Secretariat, you will no longer receive Notices through the Entity. Collegial in question, so its members must comply individually and directly with the obligations arising from this Law.

Prior to the liquidation, dissolution or extinction of the Collegial Entity, or, to stop acting as an intermediary between its members and the Secretariat, it shall return to its members of the information and documentation provided by them for the fulfilment of their obligations.

In cases where the agreement concluded with the Secretariat is no longer valid, the Collegiate Entity must proceed in accordance with the above.

Chapter IV

The Use of Cash and Metals

Article 32. It is prohibited to comply with obligations and, in general, to liquidate or pay, as well as to accept settlement or payment, of acts or transactions through the use of coins and banknotes, in national currency or foreign currency and precious metals, in the following cases:

I. Incorporation or transfer of real property rights in real estate equal to or greater than the equivalent of eight thousand twenty-five times the minimum wage in the Federal District, the day the payment is made or the payment is made obligation;

II. Transfer of ownership or constitution of real rights on vehicles, new or used, whether air, sea or land, for a value equal to or greater than three thousand two hundred and ten times the minimum wage in the District Federal, on the day the payment is made or the obligation is met;

III. Transmissions of property of watches, jewelry, precious metals and precious stones, whether by piece or by lot, and by works of art, of a value equal to or greater than three thousand two hundred ten times the minimum wage in force in the District Federal, on the day the payment is made or the obligation is met;

IV. Purchase of tickets that allows to participate in games with bets, contests or sweepstakes, as well as the delivery or payment of prizes for having participated in such games with bets, contests or sweepstakes for a value equal to or greater than the equivalent of three a thousand two hundred and ten times the minimum wage in force in the Federal District, on the day when the payment is made or the obligation is fulfilled;

V. Provision of shielding services for any vehicle of those referred to in Part II of this Article or, for immovable property with a value equal to or greater than three thousand two hundred and ten times the minimum wage in force in the Federal District, on the day when the payment is made or the obligation is met;

VI. Transfer of ownership or constitution of rights of any kind on the representative of social parts or shares of moral persons of a value equal to or greater than the equivalent of three thousand two hundred and ten times the minimum wage in force in the Federal District, on the day when the payment is made or the obligation is met, or

VII. Establishment of personal rights of use or enjoyment of any of the goods referred to in fractions I, II and V of this article, of a value equal to or greater than the equivalent of three thousand two hundred and ten times the minimum wage in force Federal District, monthly on the day the payment is made or the obligation is met.

Article 33. The Public Fedatarios, in the instruments in which they record any of the acts or operations referred to in the previous article, shall identify the form in which the obligations arising out of them are paid where the transactions are equal to or greater than the equivalent of eight thousand and twenty-five times the minimum wage in the Federal District.

In case the value of the transaction is lower than the amount referred to above, or where the act or transaction has been fully or partially paid prior to the signature of the instrument, it will be sufficient to declare that the customers or users make a protest of telling the truth.

In cases other than those referred to in the preceding paragraph, the other acts or operations referred to in Sections II to VII of the preceding Article shall be formalised by means of the issue of the certificates, invoices or guarantees which correspond to, or any other document on which the operation is made, and shall be verified after identification of those who carry out the act or operation, as well as, where appropriate, of the beneficiary Controller. These documents must specify the form of payment and annex the respective voucher.

Chapter V

From Verification Visits

Article 34. The Secretariat may verify, on its own initiative and at any time, compliance with the obligations laid down in this Law, through the practice of verification visits to those who perform the Vulnerable Activities provided for in Section II of Chapter III of this Law, to the Entities referred to in Article 26 of this Law or, where appropriate, to the hub organ provided for in the penultimate paragraph of Article 27 of the same.

Visited people should only provide the information and documentation that they support directly related to Vulnerable Activities.

Article 35. The development of verification visits, as well as the imposition of administrative penalties provided for in this Law, shall be subject to the provisions of the Federal Law Administrative Procedure.

Article 36. The verifications carried out by the Secretariat may only cover those acts or operations considered as Vulnerable Activities in the terms of this Law, performed within the immediate five years prior to the start date of the visit.

Article 37. The Secretariat, for the exercise of the powers conferred upon it by this Law, may, where appropriate, request the assistance of the public force when circumstances so require. so require. The command of the public force must provide the requested assistance.

Chapter VI

From the Reserve and Information Management

Article 38. The information and documentation support of the Notices, as well as the identity of those who have presented them and, where appropriate, of the appointed representatives in terms of the Article 20 of the Law and of the representative of the Collegiate Entities referred to in Article 27, fraction IV, of this order, is considered confidential and reserved in terms of the Federal Law of Transparency and Access to Information Government Public.

Article 39. The information deriving from the Notices to be filed with the competent authorities shall be used exclusively for the prevention, identification, investigation and sanction of operations with resources of illicit origin and other crimes related to them.

Article 40. The Secretariat shall inform the Public Ministry of the Federation of any act or operation resulting from a Vulnerable Activity that may give rise to the the existence of a federal jurisdiction to be identified as a result of the application of this Law.

Article 41. During investigations and the federal criminal proceedings, the absolute protection of the identity and any personal data derived from the application of this Law, in particular by the presentation of Notices, in the terms of the Political Constitution of the United Mexican States, for which, the information of the acts and operations contained in those Notices, which is The European Commission will be able to make a contribution to the reports that the Secretariat is present.

The public servants of the Secretariat shall keep the proper reservation of the identity and any personal data referred to in the preceding paragraph, as well as the information and documentation that they have provided in the respective Notices, except in cases where it is required by the Unit or the judicial authority.

The identity and personal data of the public servants that intervene in any act derived from the application of the Law, observing, in the reserve, must be kept in reserve and under shelter. his case, the provisions of Article 20 of the Political Constitution of the United Mexican States.

Article 42. The Notices that are presented in terms of this Law in no case will have, by themselves, full probative value.

In no case will the Public Ministry of the Federation be able to conduct its investigation exclusively in the Notices referred to in this Law, so it will be supported by the evidence showing the act or operation subject to the Notices.

Article 43. The Secretariat, as well as the authorities responsible for matters related to the purpose of this Law, will establish mechanisms for coordination and exchange of information and documentation for due compliance.

Article 44. The Unit may consult the databases of the Secretariat containing the Notices of acts or operations related to the Vulnerable Activities and the latter has an obligation to provide you with the required information.

Article 45. The Secretariat and the Attorney General's Office, in the field of their respective competencies, for the sole purpose of identifying and analyzing operations related to the offences of transactions with resources of illegal origin are legally authorized and legitimized, through the administrative units expressly authorized to do so in their respective regulations, in order to corroborate the information, data and images related to the issue of identifications official, which is held by the federal authorities, as well as to conclude agreements with the autonomous constitutional bodies, federal entities and municipalities, in order to corroborate the information referred to.

The Secretariat or the Attorney General's Office may conclude agreements with the authorities that administer the records of the identification documents referred to in this article, for the setting up remote query systems.

Article 46. The Unit may request the Secretariat to verify information and documentation regarding the identity of persons, addresses, telephone numbers, addresses of emails, operations, businesses or legal acts of those who perform Vulnerable Activities, as well as other specific references, contained in the Notices and other information received under this Law.

The Public Ministry of the Federation may ask the Secretariat to exercise the powers provided for in this Law, in the terms of the collaboration agreements that subscribe.

Article 47. Without prejudice to the information and documentation that the Secretariat is required to provide to the Attorney General's Office, if the Secretariat is based on the information to receive and analyze in terms of this Law, to know of the commission of conduct likely to be analyzed or investigated by the authorities responsible for the fight against corruption or of justice of the federal entities, must communicate to those bodies, in accordance with the competence of the corresponds, the information necessary to identify acts or operations, as well as persons allegedly involved with resources of illicit origin.

Article 48. The holder of the Secretariat by agreement shall authorize the public servants who may carry out the exchange of information, documentation, data or images to be refer to Articles 43, 44 and 46 of this Law and the operation of the coordination mechanisms.

Article 49. The Secretariat may provide information in accordance with or in the absence of treaties, conventions or international agreements, in accordance with the principles of cooperation and reciprocity, the foreign authorities responsible for the identification, detection, supervision, prevention, investigation or prosecution of crimes equivalent to those of operations with resources of illegal origin.

In such cases, those who receive the information and data from the Secretariat must ensure the confidentiality and reservation of what they are provided.

Article 50. The public servants of the Secretariat, the Attorney General's Office and the persons who are required to submit Notices in terms of this Law, who are aware of information, documentation, data or news of acts or operations covered by this Law and which have been filed with the Secretariat, shall refrain from divulging or providing it, under any means, to whom it is not expressly authorized therein.

In order to provide information, documentation, data and images to the public servants of the federal entities, they must be subject to legal obligations in respect of of guardian, reservation and confidentiality with respect to what is provided to you in terms of this Law and its non-compliance with this penalty.

The violation of the reserves that this Law imposes, will be sanctioned in the terms of the applicable legal provisions.

Article 51. The administrators of the systems provided for in the Payment Systems Act, including the Bank of Mexico; moral persons or trusts that are intended to carry out compensation processes or transfers of payment information from the financial system, as well as compensating and settling obligations arising from bank, stock or financial contracts, and the persons who issue, manage, operate or provide credit card, debit, pre-paid access to cash, services, electronic payment and other services providing services for such purposes, shall provide the Secretariat with the information and documentation to which they have access and which it requires in writing, the same as notified in terms of the Federal Law of Administrative Procedure, for the purposes of the provisions of this Law.

The persons referred to in the preceding paragraph shall provide the information and documentation required to them, within 30 days of the date of their effects, notification of the requirement.

The exchange of information and documentation to be held in accordance with the first paragraph of this article, between the Bank of Mexico and the Secretariat, will be made in accordance with the collaboration that, to the effect, celebrate.

Chapter VII

Of Administrative Sanctions

Article 52. The Secretariat will administratively sanction those who violate this Law, in the terms of this Chapter.

As an exception to the provisions of the preceding paragraph, the violations of the Financial Entities to the obligations referred to in Article 15 of this Law shall be sanctioned by the (a) the competent authorities of the Member States of the Member States of the European Union and the Member States of the Member States of the Member States of the European Union; one of the Financial Entities concerned, with the penalties expressly provided for indicated in those Laws for each case referred to the relevant Financial Entities.

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.

Article 53. The fine for who is to be applied:

I. Refrain from complying with the requirements of the Secretariat in terms of this Law;

II. Do not comply with any of the obligations set out in Article 18 of this Law;

III. Do not comply with the obligation to submit in time the Notices referred to in Article 17 of this Law.

The penalty provided for in this fraction will be applicable when the Notice is filed no later than thirty days after the date on which it must have been filed. In case the extemporaneity or omission exceeds this period, the sanction provided for in the case of omission in Article 55 of this Law, or

IV. Do not comply with the obligation to submit the Notices without meeting the requirements referred to in Article 24 of this Law;

V. Do not comply with the obligations imposed by Article 33 of this Law;

VI. Omit to submit the Notices referred to in Article 17 of this Law, and

VII. Participate in any of the acts or operations prohibited by Article 32 of this Law.

Article 54. The applicable fines for the assumptions in the previous article of this Law will be as follows:

I. A fine equivalent to two hundred and up to two thousand days of the general minimum wage in force in the Federal District shall be applied in the case of fractions I, II, III and IV of Article 53 of this Law;

II. A fine equivalent to two thousand and up to ten thousand days of general minimum wage in force in the Federal District will be applied in the case of the V fraction of article 53 of this Law, and

III. A fine equivalent to ten thousand and up to sixty-five thousand days of general minimum wage in force in the Federal District, or ten to one hundred percent of the value of the act or operation, when they are quantifiable in money, will be applied in the case of fractions VI and VII of Article 53 of this Law.

Article 55. The Secretariat shall refrain from sanctioning the infringer, for one time, in the case of the first infringement that it incurs, provided that it complies, in a manner prior to the commencement of the verification powers of the Secretariat, with the respective obligation and expressly acknowledge the absence of any such obligation.

Article 56. They are causes of revocation of game and draw permits, in addition to those outlined in applicable legal provisions:

I. The recidivism in any of the behaviors provided for in Article 53 fractions I, II, III and IV of this Law, or

II. Any of the conduct provided for in Article 53 fractions VI and VII of this Law.

The Secretariat shall inform the Secretariat of the Interior of the facts of the act of revocation, to the effect that it exercises its powers in the matter and, where appropriate, applies the corresponding penalties.

Article 57. They are causes of definitive cancellation of the rating that has been granted to the public corridor, in addition to those mentioned in the applicable legal provisions, the recidivism in any of the behaviors provided for in Article 53 fractions I, II, III and IV of this Law.

Once the sanction imposed by the Secretariat has been signed, the Secretariat will inform the Secretariat of the Economy of its resolution and ask it to proceed to the final cancellation of the enabling the public corridor which has been sanctioned, and once informed, the Secretariat of the Economy shall have a period of ten working days to proceed to the final cancellation requested, in accordance with the legal provisions applicable.

Article 58. When the infringer is a public notary, the Secretariat shall report the offence committed to the competent authority to supervise the notarial function, to the effect that The Court of the Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of Law They shall give rise to the penalty of revocation, as noted deficiencies in the exercise of their duties, the following assumptions:

I. The recidivism in violation of the provisions of Article 53, in its fractions I, II, III, IV and V, and

II. The violation of the provisions of Article 53 (VI) and (VII).

The imposition of the above sanctions shall be carried out without prejudice to any other fines or penalties that are applicable.

Article 59. They will be cause of cancellation of the authorization granted by the Secretariat to the agents and customs agents:

I. The recidivism in violation of the provisions of Article 53, in its fractions I, II, III and IV, and

II. The violation of the provisions of Article 53 (VI) and (VII).

The Secretariat shall inform the customs authority of the respective infringement, in order to ensure that the relevant resolution is issued, in accordance with the procedure to the effect of the lay down the legal provisions governing their action.

The imposition of the above sanctions shall be carried out without prejudice to any other fines or penalties that are applicable.

Article 60. The Secretariat, in the imposition of administrative penalties referred to in this Chapter, shall take into account, if applicable, the following:

I. The recidivism, the causes that originated it and, where appropriate, the corrective actions applied by the alleged infringer. A repeat offender shall be deemed to have been a repeat offender and, in addition to that offence, committed the same offence within two years of the date on which the decision was signed. corresponding;

II. The amount of the act or operation, seeking the proportionality of the amount of the penalty with those, and

III. The intention to conduct the conduct.

Article 61. The administrative penalties imposed pursuant to this Law may be challenged before the Secretariat itself, through the review facility provided for in the Federal Law of Administrative procedure or directly before the Federal Court of Justice and Administration through the administrative litigation procedure.

Chapter VIII

Of Offences

Article 62. It will be punishable by imprisonment of two to eight years and with five hundred to two thousand days fine under the Federal Criminal Code, to whom:

I. Provide in a dolous manner to those who must give Notices, information, documentation, data or images that are false, or are completely illegible, to be incorporated into those that must be presented;

II. In a dolous manner, modify or alter information, documentation, data or images intended to be incorporated into the Notices, or incorporated in submitted notices.

Article 63. It will be punishable by imprisonment of four to ten years and with five hundred to two thousand days fine under the Federal Criminal Code:

I. To the public servant of any of the agencies or entities of the federal public administration, of the Judicial Branch of the Federation, of the Attorney General's Office or of the autonomous constitutional bodies that improperly uses the information, data, documentation or images to which you have access to or receive on the occasion of this Law, or which transgresses the provisions of Chapter VI thereof, in the field of reservation and management of information, and

II. To whom, without authorization from the competent authority, disclose or disclose, by any means, information in which a natural or moral person or public servant is linked with any Notice or requirement of information made between authorities, in relation to any act or operation related to the Vulnerable Activities, whether the Notice exists or not.

Article 64. The penalties provided for in Articles 62 and 63, fraction II, of this Law shall be doubled in the event that the person who commits the illicit is at the time of committing or has been within the two years prior to this, a public servant responsible for preventing, detecting, investigating or prosecuting crimes.

To those who incur any of the offences provided for in Articles 62 and 63 of this Law, they will also be subject to a ban on the discharge of the public service by a time equal to that of the prison sentence that has been imposed, which will begin to run from the time the prison sentence has been served.

Article 65. The prior denunciation of the Secretariat is required to proceed criminally against employees, officers, officials, counselors or any person who carry out acts on behalf of the financial institutions authorised by the Secretariat, which are involved in the commission of any of the offences referred to in Articles 62 and 63 of this Law.

In the case provided for in Part II of Article 63, the person whose identity has been disclosed or who has been disclosed shall be made indistinctly by prior denunciation of the Secretariat or disclosed.

Transient

First. This Law shall enter into force within nine months of its publication in the Official Journal of the Federation.

Second. The Federal Executive shall issue the Regulation of this Law within thirty days of the entry into force of this Law.

Third. The Notices to be submitted by those who perform Vulnerable Activities in terms of Section First of Chapter III of this Act will continue to be filed in the terms provided for in the laws and general provisions that specifically apply to them.

Fourth. The Vulnerable Activities referred to in Section II of Chapter III of the Law, which have been concluded prior to the entry into force of the Law, shall be governed by by the applicable legal provisions and in force at the time when this has occurred.

The submission of the Notices in terms of Sections II and III of Chapter III of this Law shall be carried out, for the first time, upon the entry into force of this Regulation. Law; such Notices shall contain information relating to acts or operations related to Vulnerable Activities held from the date of entry into force of that Regulation.

Fifth. The provisions concerning the obligation to submit Notices, as well as the restrictions on cash, shall enter into force within 60 days of the entry into force of the Agreement. Regulation of this Law.

Sixth. The conventions for the exchange of information and access to databases of the autonomous organizations, federative entities and municipalities established by this Law, must be granted between the federal authorities and those, within a period of six months from the entry into force.

Seventh. All legal precepts that are opposed to this Law will be repealed.

Mexico, D.F., on October 11, 2012.-Dip. Jesus Murillo Karam, President.-Sen. Ernesto Javier Cordero Arroyo, President.-Dip. Javier Orozco Gómez, Secretary.-Sen. Iris Vianey Mendoza Mendoza, 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 sixteen October of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.