Agreement establishing the integration and functioning of the Internal Committee for Analysis of Valuation Services (CIASV)

Official Gazette of the Federation: 10/08/2023

AGREEMENT establishing the integration and functioning of the Internal Committee for Analysis of Valuation Services (CIASV)

In the margin, a seal with the National Shield, stating: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisals of National Assets.

VICTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisals of National Assets, based on the provisions of articles 29, section XII of the General Law of National Assets, 4°, section G, section V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; 1 and 6, section III of the Regulations of this Institute, and

CONSIDERATIONS

That, the Institute of Administration and Appraisals of National Assets (INDAABIN), is a decentralized administrative body of the Ministry of Finance and Public Credit, responsible for exercising the powers that the General Law of National Assets confers to said Ministry, as well as those that other regulations expressly confer upon it.

That, among other services provided to Public Institutions, INDAABIN, in accordance with articles 143 and 144 of the General Law of National Assets, issues appraisals, rent assessments and valuation works at the consultancy level, to attend to requests for valuation services, for which it has the need to contract in terms of the Law of Acquisitions, Leases and Services of the Public Sector, the services of the appraisers who are registered in the National Registry of Appraisers.

That, the National Development Plan 2019-2024, in its numeral I. POLICY AND GOVERNMENT, Eradicate corruption, waste and frivolity, establishes that the Federal Executive Power will use all its legal powers to ensure that no Public Servant can benefit from the position they hold, regardless of the level, except with regard to legitimate and reasonable remuneration for their work, signifying a total and frontal combat to practices of diversion of resources, granting of benefits to third parties in exchange for gratuities, extortion of individuals or legal entities, influence peddling, cronyism, nepotism, exemption of obligations and procedures and the use of the position or function to achieve any personal or group benefit.

Therefore, and with the purpose of strengthening measures to combat corruption, make direct awards transparent and give greater certainty to the procedure for assigning valuation works, I have seen fit to issue the following:

AGREEMENT ESTABLISHING THE INTEGRATION AND FUNCTIONING OF THE COMMITTEE INTERNAL ANALYSIS OF VALUATION SERVICES (CIASV)

CHAPTER I

GENERAL PROVISIONS

ARTICLE ONE. - This agreement aims to establish the integration and functioning of the Internal Committee for Analysis of Valuation Services.

ARTICLE TWO. - In addition to the definitions contained in the Regulations of the Institute of Administration and Appraisals of National Assets and the Rules for the granting, revalidation, suspension and revocation of the Registration of Experts, in the National Registry of Appraisers of the Institute of Administration and Appraisals of National Assets; for the purposes of this agreement, the following shall be understood by:

Collegiate appraisal bodies: Each of the tripartite groups formed by two members of the professional colleges and by the female or male Public Servant of INDAABIN indicated by the Standards according to which the valuation services regulated by the Institute of Administration and Appraisals of National Assets will be carried out.

CIASV: To the Internal Committee for Analysis of Valuation Services.

DCTAZ: To the Directorate of Technical Coordination of Zone Appraisals of the General Directorate of Appraisals and Works of INDAABIN.

DGAO: To the General Directorate of Appraisals and Works of INDAABIN.

DSGA: To the Directorate of Monitoring and Management of Appraisals of the DGAO of INDAABIN.

Registry. - To the National Registry of Appraisers of the Institute of Administration and Appraisals of National Assets.

CHAPTER II

OF THE MEMBERS OF THE CIASV AND THEIR FUNCTIONS

ARTICLE THREE. - The CIASV shall be integrated as follows:

I) A President, who shall be the Head of INDAABIN, with voice and vote, shall be substituted in their absence by the Head of the DGAO, and in the absence of this one shall be substituted by the Head of the DCTAZ, in the absence of this one, shall be the Head of the DSGA provided that they do not act as Technical Secretary of the CIASV, and in the absence of the latter they shall be substituted by the Head of the Subdirectorate of Rents and Appraiser Contracting.

II) A Technical Secretary, who shall be the Head of the DSGA and shall have voice and in their absence, shall act as such the Head of the Subdirectorate of Rents and Appraiser Contracting of the DGAO, and in case that this last one acts as President, the Head of the Department of Appraiser Contracts or the Head of the Department of Rents, who shall also act as alternate Technical Secretary.

III) Voting Members, who shall have voice and vote, and shall be:

A. The Head of the Directorate of Technical Coordination of Appraisals, or in their case, the Head of the Directorate of Monitoring and Management of Appraisals of the DGAO.

B. A Commissioner, who shall be a representative of the Professional Colleges in valuation members of the collegiate appraisal bodies.

C. The heads of the Directorates of Zone Appraisals A, B, C and D, or the Head of the Department Head of the Zone; and in the absence of the latter the Technical Secretary of the CIASV, or their alternate, provided that they do not act with another position in the CIASV.

IV) Advisors, who shall have voice, and shall be:

A. The Head of the Internal Control Body in the Ministry of Finance and Public Credit, or else, the female or male Public Servant that they designate for such effect.

B. The Head of the Legal Unit, or else, the female or male Public Servant that they designate for such effect, the latter must have a minimum level of Department Head or its equivalent.

C. The Head of the Administration and Finance Unit, or else, the female or male Public Servant that they designate for such effect, the latter must have a minimum level of Department Head or its equivalent.

Other female or male Public Servants may participate as guests, when in the opinion of the President of the CIASV it is deemed necessary or when requested by any of the full members of the CIASV and approved by the President himself. In cases that warrant it, representatives of the dependencies or entities that have requested the valuation services may be invited, and of the various colleges of authorized appraisers, as well as experts in the different educational branches that are considered necessary for better decision-making on the valuation methodology and on the appraisers to propose.

ARTICLE FOUR. - The members of the CIASV must be female or male Public Servants assigned to INDAABIN, knowledgeable about the object pursued with the formation of the CIASV, as well as participate and comply with the functions assigned to them.

The status of female or male Public Servant shall not be necessary for the case of the commissioners that integrate the collegiate appraisal bodies and guests.

ARTICLE FIVE. - The minutes shall record the composition of the CIASV for each Session, which must be duly signed by each of the attendees.

ARTICLE SIX. - The powers of the President are the following:

I) Install, preside and close the meetings of the CIASV in the place, date and time indicated.

II) Authorize notices and agendas.

III) Authorize the participation of guests in the sessions of the CIASV.

IV) Propose the integration of special working groups to attend to specific tasks.

V) Authorize the holding of extraordinary sessions.

VI) Exercise their casting vote in case of a tie.

ARTICLE SEVEN. - The powers of the Technical Secretary are the following:

I) Prepare and organize the sessions of the CIASV.

II) Convene the members of the CIASV, as well as the guests.

III) Submit for consideration of the President of the CIASV, the agenda that will be addressed in each Session.

IV) Register the requests for valuation services presented to the members of the CIASV by each Zone Directorate.

V) During voting, shall be responsible for the scrutiny.

VI) Take attendance, verify the existence of quorum and prepare the minutes of the Session.

VII) Keep track of agreements and inform the President and the CIASV on their compliance.

ARTICLE EIGHT. - The powers of the voting members shall be the following:

I) The voting members must issue the opinions that are required of them within the CIASV.

II) Propose alternative actions that lead to the improvement of the functions entrusted to the CIASV.

III) Make the necessary recommendations that promote an objective, fair and transparent proposal of appraisers by the CIASV for each of the requests.

IV) Issue technical opinion for the proposal of direct assignment of appraisers for the appraisals.

V) Issue technical opinion regarding the proposal of appraisers to submit quotes for market study for non-tariff appraisals.

VI) Intervene regarding the matters treated in the sessions.

ARTICLE NINE. - The functions of the advisors shall be the following:

I) Issue opinion on the matters that are treated in the agenda of the CIASV.

II) Provide advice on the applicable regulations.

III) Provide advice on their specialty.

ARTICLE TEN. - The guests shall participate upon request and authorization of the President of the CIASV.

The guests, shall support and issue the observations that according to their specialty in the topic they consider pertinent or well, when required by the CIASV.

The guests shall be present in the Session of the CIASV, only at the moment when the topic for which they were convened is treated, shall attend with voice, but without vote.

ARTICLE ELEVEN. - The members of the CIASV are obliged to keep professional secrecy of the information handled in the sessions and not to use it for their own benefit or for interests outside those of INDAABIN or the Federal Public Administration. Likewise they are subject to what is indicated by the Federal Law of Responsibilities of Public Servants and the General Law of Administrative Responsibilities. For the case of the commissioners members of the collegiate appraisal bodies, the provisions of civil and penal legislation shall apply, as well as the provisions of the General Law on Protection of Personal Data in Possession of Obligated Subjects.

CHAPTER III

OF THE SESSIONS OF THE CIASV

ARTICLE TWELVE. - The ordinary sessions shall be those considered in the annual calendar of sessions of the CIASV, and shall be held prior to notice by the Technical Secretary.

The notice shall be sent via email together with the agenda and complementary information of the matters to be treated, at least forty-eight hours in advance of the session.

ARTICLE THIRTEEN. - The extraordinary sessions shall be those that are not considered in the annual calendar of sessions of the CIASV.

The notice shall be sent via email together with the agenda and complementary information of the matters to be treated, at least twenty-four hours in advance of the session.

The CIASV shall meet in extraordinary session as many times as required.

ARTICLE FOURTEEN. - Of the place of the meetings:

I) The sessions of the CIASV shall take place at the domicile established for such effect in the notice.

II) When for some reason or specific work so warrants, the sessions may be held at another venue, even in any of the federative entities of the country or, through remote communication means.

ARTICLE FIFTEEN. - For the holding of the sessions there must be a quorum, which shall be computed considering half plus one of the members of the CIASV with right to vote. To consider the quorum, the President must always be present or well who substitutes them in their absence.

ARTICLE SIXTEEN. - In case the required quorum does not exist, the Technical Secretary of the CIASV, shall proceed to convene a new meeting within a period of thirty minutes, which shall be held with the members who attend, always with the presence of the President or well who substitutes them in their absence.

ARTICLE SEVENTEEN. - The adoption of agreements shall be effected by voting by simple majority. In case of a tie, the President or who substitutes them in their absence shall have the casting vote.

ARTICLE EIGHTEEN. - Of each Session, the Technical Secretary shall prepare the corresponding minutes, with the matters treated and the agreements taken, collecting the signature of the participants in the meeting for their approval.

ARTICLE NINETEEN. - The members of the CIASV who have voice and vote shall be empowered to request the Technical Secretary to include matters in the agenda that are within the competence of the CIASV. The request may be made the same day of the meeting and accompany in their case the complementary information that makes it possible to know and address the matter.

CHAPTER IV

OF THE ASSIGNMENT OF VALUATION WORKS

ARTICLE TWENTY. - For the assignment of valuation works, the CIASV must:

I) Verify the documentation and information presented by the appraisal directorates to timely attend to requests for valuation services.

II) Evaluate the problem of the conditions, characteristics, objectives and complexity of the requests, in each case.

III) Evaluate the difficulty of the work to be performed to propose the appraiser or the appraisers with experience and technical capacity, taking into account, among others, their qualifications by specialty, in order to respond to the technical and volume requirements of the valuation services.

IV) Verify that there is the optimal number of appraisers in the Registry, trained to carry out the good performance of the works.

V) Approve the Registry, including registrations, cancellations, revalidation, suspensions, and revocations of the registration of appraisers to it.

VI) Propose the technically most qualified appraisers in the specialties that they previously accredit, according to the applicable requirements, of proven professional ethics, experience, availability and that systematically comply with the quality and timeliness for the attention of the requests that so require it.

VII) Apply clear, transparent and impartial proposals of appraisers to carry out the quotes of valuation services.

VIII) Promote greater participation of the appraisers of INDAABIN.

IX) Establish the other actions that are necessary for the fulfillment of its objectives in the opinion of the CIASV itself.

ARTICLE TWENTY ONE. - The CIASV shall evaluate the appropriateness of assignment of valuation services attending to the following criteria in order of prelation:

I. Whenever the degree of difficulty of the valuation service allows, as a first criterion for the assignment an appraiser who has the specialty and who resides in the same State where the valuation service is to be performed must be considered.

II. If there is no appraiser available with residence in the State of location of the valuation service, recourse shall be had to appraisers with residence in the bordering States.

III. In case of not having an appraiser who has the specialty in the bordering States, recourse shall be had to the appraisers who have the specialty, necessary experience and technical capacity and have residence in the corresponding appraisal zone.

IV. For the case, that there is no appraiser in the zone, the other appraisers of the Registry who have that specialty shall be taken into account.

V. The valuation service shall be assigned to the appraiser who has less income from the services performed in the specialty.

VI. If the criterion of numeral V. was not sufficient support for the assignment, this shall be carried out considering the appraiser who has the lower number of valuation services performed in the specialty.

VII. In cases where the surfaces or amounts exceed the maximum amount for assignment, or simply the assets to be appraised are not within the classification of authorized uses by the Ministry of Finance and Public Credit, the CIASV shall propose three or more appraisers to request from them the market study regarding the valuation service in question.

When it comes to valuation services with a high degree of difficulty, larger surfaces or a priority project of the State, the CIASV may propose an appraiser or appraisers outside of what is established in the criteria, to issue valuation opinions with technical quality, legal certainty, timeliness and transparency.

ARTICLE TWENTY TWO. - The CIASV may only propose from the registry of appraisers for the valuation works to the appraisers who have in the immediate previous month, with minimum average qualifications of seven in the corresponding valuation specialty, except in those cases where the request to be assigned corresponds to a non-tariff work and whose amount is the result of a market study process.

If no qualification is registered, the annual average qualification of the appraiser shall be taken into consideration.

When it comes to new entry appraisers, or well, to appraisers who do not have qualifications for not having performed valuation services in the year, this criterion shall not be applied to them.

ARTICLE TWENTY THREE. - For the assignment of valuation services only appraisers who have updated and current registration in the Registry shall be proposed, in the specialty that corresponds to the requested valuation service.

ARTICLE TWENTY FOUR. - The proposals of valuation services may fall indistinctly on a individual or legal entity.

ARTICLE TWENTY FIVE. - In specialized valuation works, the appraisers who have updated registration of appraiser of INDAABIN, shall be susceptible of being proposed at the national level, regardless of the place where their registration resides.

ARTICLE TWENTY SIX. - The national territory shall be divided into geographical zones, from its 32 federative entities:

Zone A: Baja California, Baja California Sur, Sonora, Chihuahua, Sinaloa, Durango, Nayarit, Aguascalientes, Jalisco and Colima.

Zone B: Coahuila, Nuevo León, Tamaulipas, Zacatecas, San Luis Potosí, Guanajuato, Querétaro, Hidalgo.

Zone C: State of Mexico, Michoacán, Mexico City, Morelos, Tlaxcala, Puebla, Guerrero, Oaxaca.

Zone D: Yucatán, Quintana Roo, Campeche, Chiapas, Tabasco and Veracruz.

ARTICLE TWENTY SEVEN. - The DGAO shall make known to the CIASV the coverage area in which the appraisers shall perform the corresponding services, according to the following options.

a) Geographical zone corresponding to their tax domicile (RFC).

b) At the national level.

ARTICLE TWENTY EIGHT. - The requests for service of update of appraisals and rent assessments shall be attended as a new request, to which any appraiser registered in the Registry may be proposed.

CHAPTER V

OF THE SANCTIONS

ARTICLE TWENTY NINE. - The CIASV shall approve the sanctions that in their case the DGAO shall apply for that appraiser who has incurred in irregular or illicit acts contemplated in this ordinance, in the Rules for the granting, revalidation, suspension and revocation of the Registration of Experts, in the National Registry of Appraisers of the Institute of Administration and Appraisals of National Assets, of the Agreement by which the Standards are established according to which the valuation services regulated by the Institute of Administration and Appraisals of National Assets will be carried out and other applicable provisions.

ARTICLE THIRTY. - The Technical Secretary shall present monthly before the CIASV the list of the appraisers who have obtained in the valuation services performed average qualifications less than seven and greater than or equal to six of the previous month, so that it determines the applicable suspension, which shall not be less than thirty calendar days in the valuation specialty in question. In the case where a second average qualification less than seven and greater than or equal to six is obtained in the following twelve months, it shall be presented before the CIASV so that it determines the applicable suspension, which shall not be less than sixty calendar days. In the case where a third recidivism of the same averages mentioned above is obtained in the following twelve months, it shall be presented before the CIASV so that it determines if the definitive revocation is appropriate.

ARTICLE THIRTY ONE. - The Technical Secretary shall present monthly before the CIASV the list of the appraisers who have obtained in the valuation services performed average qualifications less than six of the previous month, so that it determines the applicable suspension, which shall not be less than sixty calendar days in the valuation specialty in question. In the case where a second average qualification less than six is obtained in the following twelve months, it shall be presented before the CIASV so that it determines if their definitive revocation is appropriate.

CHAPTER VI

OF THE INTERPRETATION

ARTICLE THIRTY TWO. - The interpretation of this Agreement corresponds to the DGAO with the support of the Legal Unit of INDAABIN, who shall resolve any situation not provided for in this Agreement.

TRANSITORY PROVISIONS

FIRST. - This agreement shall enter into force the day after its publication in the Official Gazette of the Federation, leaving without effect the Agreement by which the integration and functioning of the Internal Committee for Analysis of Valuation Services, Proposals and Evaluation of Appraisers (CIASV) is constituted published in the Official Gazette of the Federation on August 19, 2016.

SECOND. - All provisions that oppose this agreement are repealed.

Mexico City, on August 03, two thousand twenty-three. - President of the Institute of Administration and Appraisals of National Assets, Victor J. Martínez Bolaños.- Signature.

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