Rule · CNBV · 28 Apr 2020
The agreement extends the suspension of deadlines for hearings, procedures, and processes before the Comisión Nacional Bancaria y de Valores (CNBV), as well as obligations related to anti-money laundering and counter-terrorism financing communicated through the CNBV to the Ministry of Finance and Public Credit, until May 30, 2020. This extension applies to all matters currently in progress, being conducted, or required to be conducted before the CNBV and incorporates the provisions of the previous extension agreement published on March 26, 2020. The measure takes effect on April 30, 2020, to align with national health emergency measures aimed at preventing the spread of COVID-19.
AGREEMENT EXTENDING THE PERIOD DURING WHICH DEADLINES FOR HEARINGS, PROCEDURES, AND PROCESSES CURRENTLY IN PROGRESS, BEING CONDUCTED, OR REQUIRED TO BE CONDUCTED BEFORE THE COMISIÓN NACIONAL BANCARIA Y DE VALORES ARE SUSPENDED, AS WELL AS THE EFFECTS OF THE OTHER PROVISIONS CONTAINED IN THE AGREEMENT ESTABLISHING TEMPORARY AND EXTRAORDINARY MEASURES AND SUSPENDING SOME DEADLINES FOR THE ATTENTION OF FINANCIAL ENTITIES AND PERSONS SUBJECT TO SUPERVISION OF THE COMISIÓN NACIONAL BANCARIA Y DE VALORES, DUE TO THE CORONAVIRUS KNOWN AS COVID-19
Published in the Official Gazette of the Federation on April 28, 2020.
The President of the Comisión Nacional Bancaria y de Valores, based on the provisions of Articles 1, third paragraph; 4, fourth paragraph; and 73, fraction XVI, Bases 1st to 3rd of the Political Constitution of the United Mexican States, as well as Articles 2, 3, 4, 6, 6 Bis, 14, and 16 of the Law of the Comisión Nacional Bancaria y de Valores, Articles 9 and 11 of the Internal Regulations of the Comisión Nacional Bancaria y de Valores, and the Resolutive Second of the Agreement extending the period during which deadlines for hearings, procedures, and processes currently in progress, being conducted, or required to be conducted before the Comisión Nacional Bancaria y de Valores are suspended, as well as the effects of the other provisions contained in the Agreement establishing temporary and extraordinary measures and suspending some deadlines for the attention of financial entities and persons subject to supervision of the Comisión Nacional Bancaria y de Valores, due to the coronavirus known as COVID-19, published on March 26, 2020, agreement published in the Official Gazette of the Federation on April 17, 2020, and
CONSIDERING
That on March 30, 2020, the General Health Council published in the Official Gazette of the Federation the Agreement declaring the epidemic of disease generated by the SARS-CoV2 virus (COVID-19) as a health emergency due to force majeure, in which it declares as a health emergency due to force majeure, the epidemic of disease generated by the SARS-CoV2 virus (COVID-19); also stating that the Ministry of Health will determine all actions necessary to address this emergency;
That as a consequence of the declaration of health emergency by the General Health Council, on March 31, 2020, the Ministry of Health published in the Official Gazette of the Federation the AGREEMENT establishing extraordinary actions to address the health emergency generated by the SARS-CoV2 virus, establishing, among other things, that the public, social, and private sectors must implement, among other measures, the immediate suspension from March 30 to April 30, 2020, of non-essential activities; exhorting the entire population residing in Mexican territory, and those not participating in essential labor activities, to comply with responsible home confinement from March 30 to April 30, 2020;
That on April 17, 2020, in the morning edition of the Official Gazette of the Federation, the Comisión Nacional Bancaria y de Valores published the AGREEMENT extending the period during which deadlines for hearings, procedures, and processes currently in progress, being conducted, or required to be conducted before the Comisión Nacional Bancaria y de Valores are suspended, as well as the effects of the other provisions contained in the Agreement establishing temporary and extraordinary measures and suspending some deadlines for the attention of financial entities and persons subject to supervision of the Comisión Nacional Bancaria y de Valores, due to the coronavirus known as COVID-19, published on March 26, 2020 (Extension Agreement);
That Article Second of the Extension Agreement empowers the President of the Comisión Nacional Bancaria y de Valores to extend the period during which deadlines are suspended referred to in Article First of the same agreement;
That on April 20, 2020, in a plenary session of the General Health Council, it was determined that it is necessary to maintain and extend the National Day for Healthy Distancing until May 30, 2020; as well as to ensure the adequate implementation and compliance with health safety measures, from which on April 21, 2020, the Ministry of Health published in the Official Gazette of the Federation the Agreement modifying the similar one establishing extraordinary actions to address the health emergency generated by the SARS-CoV2 virus, published on March 31, 2020, and
That in order for this financial authority to be consistent with the measures established by the country's health authorities and to continue with actions aimed at preventing the spread of the COVID-19 virus, the President of the Comisión Nacional Bancaria y de Valores has resolved to issue the following:
AGREEMENT EXTENDING THE PERIOD DURING WHICH DEADLINES FOR HEARINGS, PROCEDURES, AND PROCESSES CURRENTLY IN PROGRESS, BEING CONDUCTED, OR REQUIRED TO BE CONDUCTED BEFORE THE COMISIÓN NACIONAL BANCARIA Y DE VALORES ARE SUSPENDED, AS WELL AS THE EFFECTS OF THE OTHER PROVISIONS CONTAINED IN THE AGREEMENT ESTABLISHING TEMPORARY AND EXTRAORDINARY MEASURES AND SUSPENDING SOME DEADLINES FOR THE ATTENTION OF FINANCIAL ENTITIES AND PERSONS SUBJECT TO SUPERVISION OF THE COMISIÓN NACIONAL BANCARIA Y DE VALORES, DUE TO THE CORONAVIRUS KNOWN AS COVID-19
SINGLE. The period during which deadlines for hearings, procedures, and processes currently in progress, being conducted, or required to be conducted before the Commission are suspended is extended until May 30, 2020, also considering the obligations that must be communicated or resolved before the Ministry of Finance and Public Credit, through this Commission, in matters of prevention of operations with resources of illicit origin and counter-terrorism financing, as well as the other provisions contained in the Agreement establishing temporary and extraordinary measures and suspending some deadlines for the attention of financial entities and persons subject to supervision of the Comisión Nacional Bancaria y de Valores, due to the coronavirus known as COVID-19, published in the Official Gazette of the Federation on March 26, 2020, and extended by virtue of the Extension Agreement.
TRANSITORY PROVISIONS
FIRST. Publish in the Official Gazette of the Federation.
SECOND. This Agreement shall take effect from April 30, 2020.
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“The period during which deadlines for hearings, procedures, and processes currently in progress... is extended... considering the other provisions contained in the Agreement... published in the Official Gazette of the Federation on March 2…”
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