Agreement Establishing the Official Format for Notice of the List of Related Agents and Third Parties for Money Transmitters

AGREEMENT ESTABLISHING THE OFFICIAL FORMAT FOR NOTICE OF THE LIST OF RELATED AGENTS WITH WHOM EACH MONEY TRANSMITTER HAS A CONTRACTUAL RELATIONSHIP, AS WELL AS THE THIRD PARTIES WITH WHOM SAID RELATED AGENTS OPERATE Published in the Official Gazette of the Federation on September 28, 2015.

The National Banking and Securities Commission, based on articles 4, fractions XXXVI and XXXVIII, and 16, fraction I, of the Law of the National Banking and Securities Commission, as well as Article 50th Bis of the General Provisions referred to in Article 95 Bis of the General Law of Credit Organizations and Auxiliary Activities, applicable to money transmitters referred to in Article 81-A Bis of the same legislation, and

CONSIDERING

That by resolution published in the Official Gazette of the Federation on December 31, 2014, the “General Provisions referred to in Article 95 Bis of the General Law of Credit Organizations and Auxiliary Activities, applicable to money transmitters referred to in Article 81-A Bis of the same legislation” were modified, to, among other things, establish the obligation for money transmitters to send to the National Banking and Securities Commission the list of related agents and the third parties of the said related agents with whom each money transmitter has a contractual relationship to deliver resources to the final beneficiary or to provide the money transmitter with the corresponding resources; therefore, it is convenient to establish the electronic means and respective formats so that the aforementioned information is transmitted, it has resolved to issue the following:

AGREEMENT ESTABLISHING THE OFFICIAL FORMAT FOR NOTICE OF THE LIST OF RELATED AGENTS WITH WHOM EACH MONEY TRANSMITTER HAS A CONTRACTUAL RELATIONSHIP, AS WELL AS THE THIRD PARTIES WITH WHOM SAID RELATED AGENTS OPERATE

Article 1.- The purpose of this agreement is to indicate the electronic medium and the official format through which Money Transmitters must present the notice referred to in Article 50th Bis of the Provisions, regarding the list of Related Agents with whom the Money Transmitter has a contractual relationship, as well as the third parties with whom said agents operate.

Article 2.- In addition to the definitions contained in the Provisions, for the purposes of this agreement, the following shall be understood, in singular or plural:

I. Provisions, as the General Provisions referred to in Article 95 Bis of the General Law of Credit Organizations and Auxiliary Activities, applicable to money transmitters referred to in Article 81-A Bis of the same legislation, published in the Official Gazette of the Federation on April 10, 2012, and their respective modifications, and

II. SITI, as the Interinstitutional Information Transfer System, which forms part of the Official Registry of the Commission.

Article 3.- Money Transmitters, through the Compliance Officer, must present to the Commission, within the first fifteen business days of the month of January of each year, the notice containing the list of Related Agents and of the third parties with whom they operate, using for such purpose the format attached to this agreement as Annex 1.

This format must be sent electronically through the SITI, using the file type “XML” with the extension “.ART”.

To this effect, the SITI itself will generate an electronic receipt of acknowledgment in which the name or corporate name of the Money Transmitter, folio number, date and time of receipt, as well as the total number of records sent, will be recorded.

The notice referred to in this article must be sent only once and will be received assuming it meets all the required characteristics, in virtue of which it cannot be modified.

Article 4.- Money Transmitters that do not have a contractual relationship with Related Agents, or said agents with third parties, must send the notice referred to in the previous article, capturing only the applicable information in accordance with the instructions contained in the SITI itself.

Article 5.- The handling of inquiries and the interpretation of this agreement will correspond to the Vice Presidency of Supervision of Preventive Processes, through the General Directorate of Prevention of Operations with Resources of Illicit Origin A.

TRANSITORY PROVISIONS

FIRST.- This agreement will enter into force on the business day following the day of its publication in the Official Gazette of the Federation, except for what is provided in the following SECOND transitory article.

SECOND.- Money Transmitters must send the notice containing the list of Related Agents with which each Money Transmitter has a contractual relationship, as well as the third parties with whom said Related Agents operate, in accordance with this agreement, for the first time, within the first fifteen business days of the month following that in which this instrument is published in the Official Gazette of the Federation.