Agreement adding a Twelfth Transitory Provision to the General Provisions referred to in Article 140 of the General Law of Insurance and Mutual Insurance Institutions

DOF: 03/07/2020

AGREEMENT adding a Twelfth Transitory Provision to the General Provisions referred to in Article 140 of the General Law of Insurance and Mutual Insurance Institutions, published on July 19, 2012, in force in accordance with the Third Transitory Provision of the Law of Insurance and Surety Institutions.

A seal bearing the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.

Agreement 61/2020

ARTURO HERRERA GUTIÉRREZ, Secretary of Treasury and Public Credit, based on

Article 31, Section VIII, of the Organic Law of the Federal Public Administration; the Third

Transitory Provision of the Law of Insurance and Surety Institutions, in relation to Article 140 of the General

Law of Insurance and Mutual Insurance Institutions, and in exercise of the powers conferred upon its head

by Article 6, Section XXXIV, of the Internal Regulations of the Ministry of Treasury and Public

Credit, after hearing the prior opinion of the National Insurance and Sureties Commission, and

CONSIDERING

I.

That, on June 29, 2012, the Ministry of Treasury and Public Credit issued the "Resolution by

which the General Provisions referred to in Article 140 of the Law

General of Insurance and Mutual Insurance Institutions are issued"

(hereinafter, "the Provisions"),

which was published in the Official Journal of the Federation on July 19 of that same year.

II.

That, on April 4, 2013, the Law of Insurance and Surety Institutions was published in the Official Journal of the Federation, which entered into force on April 4, 2015 in terms of the First

Transitory Provision of the aforementioned order.

III.

That, the Third Transitory Provision of the Law of Insurance and Surety Institutions states

that until the general provisions referred to in said Law are issued, those

issued prior to its entry into force will continue to apply,

in the corresponding matters, insofar as they do not oppose it. This is the case of the Provisions.

IV.

That, the Provisions have as their object, among others, to establish the minimum measures and procedures

that Insurers are obliged to observe to prevent and detect acts, omissions

or operations that could favor, provide help, assistance or cooperation of any kind for

the commission of the crimes provided for in Articles 139 or, 148 Bis of the Federal Penal Code or that

could be located in the circumstances of Articles 139 Quater or 400 Bis of the same Code.

V.

That the World Health Organization declared on March 11, 2020, as a global

pandemic the coronavirus named SARS-CoV-2, due to its capacity for contagion to the population

in general.

VI.

That the General Health Council, in the extraordinary session of March 19, 2020,

determined to constitute itself in a permanent session in its capacity as health authority, recognizes

COVID-19 as a serious disease of priority attention and contemplates the adoption of measures,

including those for closed and open spaces.

VII.

That on March 24, 2020, the ACORD by

which the preventive measures that must be implemented to mitigate and control

the health risks implied by the disease caused by the SARS-CoV2 virus (COVID-19) and the

DECREE by which the Agreement by which the preventive measures are sanctioned

that must be implemented to mitigate and control the health risks implied by the

disease caused by the SARS-CoV2 virus (COVID-19) were published in the Official Journal of the Federation, which obligate the public, social and private sectors

and Individuals to take measures to mitigate and control the health risks implied by

the disease caused by the SARS-CoV2 virus (COVID-19).

VIII.

That the global pandemic of the COVID-19 coronavirus may generate that it is not possible for

Clients of insurance institutions or their Beneficiaries to exercise their rights or receive the

corresponding resources when the risks covered by the insurance contracts are triggered.

This, due to the mitigation and control measures for health risks adopted,

they may not have the documentation required to integrate the identification files of

Clients, in terms of the General Provisions referred to in Article 140 of the

General Law of Insurance and Mutual Insurance Institutions.

IX.

That with the global pandemic of the SARS-CoV-2 coronavirus, covered risks are being triggered

by insurance and, in this sense, clients of insurance institutions and their beneficiaries

require the implementation of measures to exercise their rights expeditiously and receive the

resources they require to face the situation they are going through.

X.

That although it is true that the General Provisions referred to in Article 140 of the Law

General of Insurance and Mutual Insurance Institutions have as their purpose to establish the

minimum measures and procedures that Insurers are obliged to observe to prevent and

detect acts, omissions or operations that could favor, provide help, assistance or cooperation

of any kind for the commission of the crimes of terrorism, its financing and money

laundering; given the circumstances of the health emergency caused by the pandemic

of SARS-CoV-2 and that identification activities may delay the attention to the

claims filed by clients and beneficiaries, it is deemed appropriate to grant for six months

the temporary facilities described in the transitory provision that is added.

XI.

That, once the prior opinion of the National Insurance and Sureties Commission has been heard, it has been

well to issue this present.

AGREEMENT BY WHICH A TWELFTH TRANSITORY PROVISION IS ADDED TO THE

GENERAL PROVISIONS REFERRED TO IN ARTICLE 140 OF THE LAW

GENERAL OF INSURANCE AND MUTUAL INSURANCE INSTITUTIONS, PUBLISHED IN THE

OFFICIAL JOURNAL OF THE FEDERATION ON JULY 19, 2012, IN FORCE IN ACCORDANCE WITH

THE THIRD TRANSITORY PROVISION OF THE LAW OF INSURANCE AND SURETY INSTITUTIONS.

SOLE.- A Twelfth Transitory Provision is added to the "General Provisions

referred to in Article 140 of the General Law of Insurance and Mutual Insurance Institutions

published in the Official Journal of the Federation on July 19, 2012" in force in accordance with

the Third Transitory of the Law of Insurance and Surety Institutions, in the following terms:

TWELFTH.- Insurers from the date of this agreement, may refrain from

completing the verification of identity in terms of the Fourth, Sixth and Seventh of the Provisions, at

the moment when their Clients and Beneficiaries exercise their rights or resources are delivered to them, always

provided that the payment is made by:

I.

Transfer to an account that the Client or Beneficiary has in any credit institution, or

II.

The delivery of a named check in the name of the Client or Beneficiary, for deposit into an account in their

name at any credit institution.

TRANSITORY

SOLE.- This Agreement will enter into force the day after its publication in the Official Journal of the

Federation and will have a validity of six months from that date.

Given in Mexico City, on the 12th day of the month of June of the year two thousand twenty. - The Secretary of

Treasury and Public Credit,

Arturo Herrera Gutiérrez. - Signature.

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