2020-04-17 | DOF 5591796

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Agreement extending the suspension period for deadlines regarding CNBV proceedings and effects of the March 26, 2020 Agreement

The National Banking and Securities Commission (CNBV) extends the suspension of time limits for hearings, procedures, and obligations related to illicit proceeds prevention until April 30, 2020, or until further prorogation. The President of the CNBV is granted continued authority to determine the duration necessary to address the health contingency and to extend these suspension periods as needed. This agreement enters into effect on April 19, 2020.

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DOF: 17/04/2020

AGREEMENT extending the term of the period during which deadlines are suspended with respect to hearings, procedures, and processes that are in progress, being carried out, or should be carried out before the National Banking and Securities Commission, as well as the effects of the other provisions contained in the Agreement establishing temporary and extraordinary measures and suspending certain deadlines for the attention of financial entities and persons subject to supervision by the National Banking and Securities Commission, due to the coronavirus known as COVID-19, published on March 26, 2020.

A seal bearing the National Coat of Arms appears at the margin, stating: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The Board of Directors of the National Banking and Securities Commission, based on what is provided in 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, 12, fraction XIV, 14, and 16 of the Law of the National Banking and Securities Commission and Articles 9, 10, and 11 of the Internal Regulations of the National Banking and Securities Commission;

CONSIDERING

That on March 26, 2020, in the afternoon version of the Official Gazette of the Federation, the National Banking and Securities Commission published the AGREEMENT establishing temporary and extraordinary measures and suspending certain deadlines for the attention of financial entities and persons subject to supervision by the National Banking and Securities Commission, due to the coronavirus known as COVID-19 (CNBV AGREEMENT);

That on March 30, 2020, the General Health Council published in the Official Gazette of the Federation the Agreement declaring a sanitary emergency due to force majeure, for the epidemic of disease generated by the SARS-CoV2 virus (COVID-19), in which it declares a sanitary emergency due to force majeure, for the epidemic of disease generated by the SARS-CoV2 virus (COVID-19); also indicating that the Ministry of Health will determine all actions deemed necessary to address this emergency;

That as a consequence of the declaration of sanitary 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 sanitary emergency generated by the SARS-CoV2 virus, establishing, among other things, that the public, social, and private sectors must implement, among others, the immediate suspension from March 30 to April 30, 2020, of non-essential activities; exhorting the entire population residing in Mexican territory, who do not participate in essential labor activities, to comply with responsible home confinement from March 30 to April 30, 2020;

And 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, it has resolved to issue the following:

AGREEMENT extending the term of the period during which deadlines are suspended with respect to hearings, procedures, and processes that are in progress, being carried out, or should be carried out before the National Banking and Securities Commission, as well as the effects of the other provisions contained in the Agreement establishing temporary and extraordinary measures and suspending certain deadlines for the attention of financial entities and persons subject to supervision by the National Banking and Securities Commission, due to the coronavirus known as COVID-19, published in the Official Gazette of the Federation on March 26, 2020

FIRST. The term during which deadlines are suspended with respect to hearings, procedures, and processes that are in progress, being carried out, or should be carried out before the Commission is extended, also considering the obligations that must be communicated or fulfilled before the Ministry of Finance and Public Credit, through this Commission, in matters of prevention of operations with resources of illicit origin and financing of terrorism, as well as the other provisions contained in the CNBV AGREEMENT, until April 30, 2020, or until the date when said deadline is again prorogued by agreement of the President of the National Banking and Securities Commission, in accordance with the operative clause Second of this Agreement.

SECOND. The powers of the President of the National Banking and Securities Commission provided for in the CNBV AGREEMENT are prorogued for as long as necessary to face the health contingency and its effects, or until such time as the Board of Directors of the National Banking and Securities Commission determines, equally empowering him to extend the term of the period during which deadlines are suspended referred to in the operative clause First above.

TRANSITORY CLAUSES

FIRST.

Publish in the Official Gazette of the Federation.

SECOND. This Agreement shall take effect starting from April 19, 2020.

Respectfully,

Mexico City, April 14, 2020. - The President of the National Banking and Securities Commission, Juan Pablo Graf Noriega. - Signature.

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