Agreement extending the suspension of deadlines and activities at the National Banking and Securities Commission during the COVID-19 pandemic

AGREEMENT EXTENDING THE TERM OF THE SUSPENSION OF DEADLINES AND ACTIVITIES AT THE NATIONAL BANKING AND SECURITIES COMMISSION THAT ARE PROCESSED BEFORE IT, DURING THE COVID-19 PANDEMIC

Published in the Official Gazette of the Federation on June 29, 2020.

The President of the National Banking and Securities Commission, based on the provisions of Articles 1, third paragraph; 4, fourth paragraph, and 73, section 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 National Banking and Securities Commission, Articles 9 and 11 of the Internal Regulations of the National Banking and Securities Commission, and Points Third and Fourth of the “Agreement establishing temporary and extraordinary measures and suspending some deadlines for the attention of financial entities and persons subject to supervision of the National Banking and Securities Commission, due to the coronavirus named COVID-19,” published on March 26, 2020, in the Official Gazette of the Federation; and

CONSIDERING

That on March 26, 2020, the Agreement establishing temporary and extraordinary measures and suspending some deadlines for the attention of financial entities and persons subject to supervision of the National Banking and Securities Commission, due to the coronavirus named COVID-19 (CNBV Agreement), was published in the evening edition of the Official Gazette of the Federation, through which, among other things, deadlines regarding hearings, procedures, and processes that are ongoing, being carried out, or should be carried out before the Commission from March 23 to April 19, 2020, were suspended, empowering the President of said Commission to modify or temporarily invalidate those legal provisions issued for Financial Entities and persons subject to supervision of the Commission that are necessary to provide the administrative facilities required, without prejudice to the participation that, if applicable, corresponds to the other financial authorities;

That through agreements published in the Official Gazette of the Federation on April 17 and 28, as well as May 29, 2020, the term of the suspension of deadlines referred to in the previous consideration was extended to April 30, May 30, and June 30, 2020, respectively, maintaining the effects of the other provisions provided in the CNBV Agreement. Additionally, in the publication of April 17, 2020, the President of the National Banking and Securities Commission was equally empowered to extend the term of the period in which deadlines are suspended for as long as necessary to address the health contingency and its effects;

That on May 14, 2020, the Ministry of Health published in the Official Gazette of the Federation the Agreement establishing a strategy for the reopening of social, educational, and economic activities, as well as a regional traffic light system to evaluate weekly the epidemiological risk related to the reopening of activities in each federal entity, as well as establishing extraordinary actions, modified through an Agreement published in the same means of dissemination on May 15, 2020, which aims to establish a strategy for the reopening of social, educational, and economic activities, as well as a regional traffic light system to evaluate weekly the epidemiological risk related to the reopening of activities in each federal entity;

That in Mexico City, where the Commission's headquarters is located, on May 20, 2020, the Head of Government announced the Gradual Plan towards the new normality in Mexico City, which establishes the implementation of a staggered return that prioritizes the right to health to contain the pandemic caused by the SARS-CoV2 coronavirus (COVID-19) and avoid new outbreaks of infection, with the purpose of generating a healthy life and coexistence based on a Daily Epidemiological Traffic Light with four colors: red, orange, yellow, and green, for the staggered reopening of various work, government, education, public spaces, and transportation activities, the situation of vulnerable persons, epidemiological follow-up, and monitoring of COVID-19;

That, in addition to what is stated in the previous consideration, the Government of Mexico City has declared that the city is in a red traffic light with transition to orange, and

That, in order for the Commission to be consistent with the measures established by the country's health authorities and the Head of Government of Mexico City, where the headquarters of this decentralized body is located, and with the objective of continuing with actions aimed at preventing the spread of the COVID-19 virus, it has resolved to issue the following:

AGREEMENT EXTENDING THE TERM OF THE SUSPENSION OF DEADLINES AND ACTIVITIES AT THE NATIONAL BANKING AND SECURITIES COMMISSION THAT ARE PROCESSED BEFORE IT, DURING THE COVID-19 PANDEMIC

SOLE. The term by which deadlines are suspended regarding hearings, procedures, and processes that are ongoing, being carried out, or should be carried out before the Commission is extended until July 15, 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 terrorism financing, 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 National Banking and Securities Commission, due to the coronavirus named COVID-19, published in the Official Gazette of the Federation on March 26, 2020; extended by virtue of the Agreements published in the Official Gazette of the Federation on April 17 and 28, as well as May 29, 2020.

TRANSITORY PROVISIONS

FIRST. Publish in the Official Gazette of the Federation.

SECOND. This Agreement shall take effect as of June 30, 2020.