Agreement Determining Direct Administration of the Nuevo Orizaba Border Port Federal Property by the Institute of Administration and Appraisals of National Assets

DOF: 19/08/2024

AGREEMENT determining the direct administration by the Institute of Administration and Appraisals of National Assets, under the figure of Shared Federal Property, of the federal property known as Nuevo Orizaba Border Port, with Federal Real Estate Registry number 7-16341-0, with an area of 392,574.3600 square meters, located at Third Avenue South East, Plot number 201 Z-1P1/1, Ejido Nuevo Orizaba, Postal Code 29956, Nuevo Orizaba, Municipality of Benemérito de las Américas, State of Chiapas.

A seal bearing the National Coat of Arms appears on the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisals of National Assets.- DIFC-01/2024.

AGREEMENT determining the direct administration by the Institute of Administration and Appraisals of National Assets, under the figure of Shared Federal Property, of the federal property known as "Nuevo Orizaba Border Port", with Federal Real Estate Registry number 7-16341-0, with an area of 392,574.3600 square meters, located at Third Avenue South East, Plot number 201 Z-1P1/1, Ejido Nuevo Orizaba, Postal Code 29956, Nuevo Orizaba, Municipality of Benemérito de las Américas, State of Chiapas.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisals of National Assets, Decentralized Administrative Body of the Ministry of Finance and Public Credit, based on the provisions of articles 2, fraction I, 17, 26, 31, fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2, fractions II, IV, and VII, 3, fraction III, 4, first paragraph, 6, fraction VI, 11, fraction I, 13, 28, fractions I, III and VII, 29, fraction I and 101, fraction V of the General Law of National Assets; 4, section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; and 1, 3, fractions VIII, IX, X and XVII, 4, fraction I, subsection a) and 6, fractions XXVI and XXXIII, 11, fractions I and XXVI of the Regulations of the Institute of Administration and Appraisals of National Assets; and taking into account the following:

CONSIDERATIONS

FIRST.- That among the assets subject to the public domain regime of the Federation, is the federal property known as "Nuevo Orizaba Border Port", with an area of 392,574.3600 square meters and Federal Real Estate Registry number 7-16341-0, located at Third Avenue South East, Plot number 201 Z-1P1/1, Ejido Nuevo Orizaba, Postal Code 29956, Nuevo Orizaba, Municipality of Benemérito de las Américas, State of Chiapas.

SECOND.- That by administrative act dated July 23, 2015, the Ministry of Finance and Public Credit through its decentralized body, the Tax Administration Service, made the delivery of the works constructed in buildings, installations, exterior areas, equipment and internal roadways of the port known as "Nuevo Orizaba Border Port", to the Institute of Administration and Appraisals of National Assets.

THIRD.- That the ownership of the federal property described in the First Consideration is evidenced by Donation Contract number IPE/CD/0001/2024 dated May 31, 2024, which records the free, pure and simple donation, celebrated by the Executive of the State of Chiapas, through the Institute of the Property of the State of Chiapas, in favor of the Federal Government, through the Ministry of Finance and Public Credit through its Decentralized Administrative Body, Institute of Administration and Appraisals of National Assets, for the installations of the Nuevo Orizaba Border Crossing, document registered in the Federal Property Public Registry under Real Folio number 156661 dated June 5, 2024.

FOURTH.- That the Institute of Administration and Appraisals of National Assets is a decentralized administrative body of the Ministry of Finance and Public Credit, whose mission is to administer the Federal and Parastatal Real Estate Heritage, optimizing its use; as well as to administer the shared federal properties and carry out the works corresponding to the Ministry in terms of the General Law of National Assets and conserve and maintain their common use areas.

FIFTH.- That in terms of the regulations in this matter, a Shared Federal Property is that federal property in which two or more Public Institutions are housed.

SIXTH.- That the properties known as "Border Ports" are a type of Shared Federal Property, located in the international crossings (North and South) of the country, each being a set of installations contained within the polygon of a Federal asset, which includes the spaces required for the operation of the Public Institutions involved in the control and supervision of the migratory and customs procedures inherent to the entry and exit of persons, vehicles and merchandise between Mexico and its neighboring countries.

SEVENTH.- That among the attributes conferred upon this Institute of Administration and Appraisals of National Assets, are those to administer, operate and maintain the Shared Federal Properties, as well as to integrate the Annual Operating Program of the Shared Federal Property, in order to guarantee the conservation and maintenance of the common use areas of the property.

Likewise, based on article 9, fraction XIV in relation to article 11, fraction V of the Institute's Regulations, the Legal Unit issued an opinion deeming the present Agreement appropriate.

For the above and being the purpose of the Federal Executive the optimal use of the federal real estate heritage, prioritizing public institutions of the different levels of Government with federal properties for the provision of the public services under their charge, I have deemed it appropriate to issue the following:

AGREEMENT

FIRST.- The direct administration by the Institute of Administration and Appraisals of National Assets is determined, under the figure of Shared Federal Property, of the federal property known as "Nuevo Orizaba Border Port", with Federal Real Estate Registry number 7-16341-0, with an area of 392,574.3600 square meters, located at Third Avenue South East, Plot number 201 Z-1P1/1, Ejido Nuevo Orizaba, Postal Code 29956, Nuevo Orizaba, Municipality of Benemérito de las Américas, State of Chiapas.

SECOND.- Within a period not exceeding 20 business days following the publication of this Agreement in the Official Gazette of the Federation, this Institute must designate the Single Administrator, to comply with what is established in the Agreement establishing the Provisions in Matter of Material Resources and General Services and its Annex 1 Regulations for the Administration of Shared Federal Properties, published in the Official Gazette of the Federation on July 16, 2010, last reform published in said dissemination medium on April 5, 2016, to carry out, at least, the following actions:

1.- Call upon the representatives of the public institutions occupying the property known as "Nuevo Orizaba Border Port", to celebrate the Installation Session of the corresponding Support Committee.

2.- Manage before the General Directorate of Administration of the Federal Real Estate Heritage of the Institute of Administration and Appraisals of National Assets, the issuance of Certificates of Space Assignment in favor of the Occupying Public Institutions, proceeding to their delivery through the signing of the corresponding act.

3.- Elaborate and submit for consideration to the General Directorate of Administration of the Federal Real Estate Heritage, the Annual Program of Administration, Operation and Maintenance of Shared Federal Properties at the earliest opportunity, for the present and subsequent exercises, in order to guarantee the conservation and maintenance of the property.

THIRD.- The Institute of Administration and Appraisals of National Assets, through the General Directorate of Administration of the Federal Real Estate Heritage, will sign the corresponding Agreement, with the Real Estate Managers of the Occupying Public Institutions.

FOURTH.- The Occupying Public Institutions will contribute a conservation and maintenance fee according to the assessment of needs for the operability of the Shared Federal Property.

FIFTH.- The Institute of Administration and Appraisals of National Assets, through the General Directorate of Administration of the Federal Real Estate Heritage, within the scope of its attributes, will monitor the strict compliance with this Agreement.

TRANSITIONAL

SOLE.- This Agreement will enter into force the day following its publication in the Official Gazette of the Federation.

Mexico City, on the 5th day of the month of August 2024.- President of the Institute of Administration and Appraisals of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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