Agreement modifying the first section of the Agreement suspending deadlines for institutions and persons supervised by the National Commission of Insurance and Bonds due to COVID-19

DOF: 16/07/2020

AGREEMENT modifying the first section of the Agreement suspending deadlines for the attention of institutions and persons subject to the supervision of the National Commission of Insurance and Bonds, due to the coronavirus named COVID-19, published on June 30, 2020.

A seal with the National Emblem is placed at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Commission of Insurance and Bonds.

AGREEMENT modifying the first section of the "Agreement suspending deadlines for the attention of institutions and persons subject to the supervision of the National Commission of Insurance and Bonds, due to the coronavirus named COVID-19", published in the Official Gazette of the Federation on June 30, 2020.

RICARDO ERNESTO OCHOA RODRÍGUEZ, President of the National Commission of Insurance and Bonds,

based on the provisions of Articles 1st, third paragraph, 4th, fourth paragraph, 73, section XVI, Bases 1st to 3rd, 90, first paragraph, of the Political Constitution of the United Mexican States; as well as 366, section II, 372, sections I and II, and 381 of the Law of Insurance and Bond Institutions, 9 and 48 of the Internal Regulations of the National Commission of Insurance and Bonds; and

CONSIDERING

That on March 30, 2020, the General Health Council published in the Official Gazette of the Federation the "Agreement declaring a health emergency due to force majeure, the epidemic of illness generated by the SARS-CoV2 virus (COVID-19)", stating that the Ministry of Health would determine the actions necessary to address said emergency.

That 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 (COVID-19)", through which, among other measures, the immediate suspension of non-essential activities in the public, social, and private sectors was ordered, with the aim of mitigating the dispersion and transmission of the virus in the community, to reduce the disease burden, its complications, and death in the population residing in the national territory, which was modified through publication in the Official Gazette of the Federation on April 21, 2020.

That in this context, this National Commission of Insurance and Bonds published in the Official Gazette of the Federation on April 7, May 4 and 29, and June 30, 2020, various Agreements suspending deadlines for the attention of insurance, bond institutions, and other persons subject to the supervision of the National Commission of Insurance and Bonds, due to the coronavirus named COVID-19.

That during the period in which the deadline suspension Agreements mentioned in the previous paragraph have been in force, the National Commission of Insurance and Bonds has adopted various measures to not interrupt its inspection and surveillance functions, as well as to continue receiving applications for procedures and services for their attention. To this effect, an email account was authorized for the receipt of documents, and it has been determined to be convenient to continue receiving documents by this electronic means, without prejudice to the fact that at the appropriate time the document office resumes the ordinary physical receipt of documents.

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", which was modified through an Agreement published in the same media on May 15, 2020. Said Agreement 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, as well as to establish extraordinary actions. In its Second Article, it established that the reopening of activities will be done gradually, orderly, and cautiously.

That with the purpose of contributing to the actions established by health authorities, and since the Agreement published by this Commission in the Official Gazette of the Federation on June 30, 2020, established that its validity would be until July 15, 2020, it is necessary to extend said Agreement, given that health authorities have declared that Mexico City, headquarters of the main offices of the National Commission of Insurance and Bonds, continues in the orange traffic light. Starting from August 1 of the coming year, this Commission will issue an Agreement under which the activities to be carried out and the suspension of deadlines that correspond will be determined, in observance of the regional traffic light system to evaluate weekly the epidemiological risk, referred to in the previous paragraph.

That the Commission is a Decentralized Body of the Federal Public Administration empowered to issue, within the scope of its competence, the general provisions to which insurance, bond institutions, and other persons subject to its supervision must adhere, and that in view of the foregoing, it has considered issuing the following:

AGREEMENT

FIRST. The first paragraph of section First of the "Agreement suspending deadlines for the attention of institutions and persons subject to the supervision of the National Commission of Insurance and Bonds, due to the coronavirus named COVID-19", published in the Official Gazette of the Federation on June 30, 2020, is modified in the following terms:

"... FIRST. - From the date of publication of this Agreement in the Official Gazette of the Federation until July 31, 2020, deadlines are suspended regarding procedures and processes that are ongoing, are being carried out, or should be carried out before this Commission, with the exception of those indicated in sections SECOND and THIRD of this Agreement. During this period, the deadlines established by applicable regulations will not run and will be considered as non-working days for the respective legal effects..."

SECOND. Section First of the "Agreement suspending deadlines for the attention of institutions and persons subject to the supervision of the National Commission of Insurance and Bonds, due to the coronavirus named COVID-19" cited above, remains in its entirety in the following terms:

"FIRST. - From the date of publication of this Agreement in the Official Gazette of the Federation until July 31, 2020, deadlines are suspended regarding procedures and processes that are ongoing, are being carried out, or should be carried out before this Commission, with the exception of those indicated in sections SECOND and THIRD of this Agreement. During this period, the deadlines established by applicable regulations will not run and will be considered as non-working days for the respective legal effects.

Likewise, deadlines referring to various requests for authorization or registrations before this Commission are suspended. Regarding the endorsement of authorizations for individual agent persons or proxies of corporate agent persons, the provisions of the Modifying Circular 4/20 of the Sole Insurance and Bonds published in the Official Gazette of the Federation on March 27, 2020, will apply.

The period provided for in this Agreement will also apply to the deadlines established for the Commission to take knowledge or resolve what is appropriate regarding procedures or processes within its competence.

Consequently, on the next business day following the end of the period indicated in the first paragraph of this section, the computation of the deadlines provided for in the applicable regulations will continue..."

TRANSITORY:

SOLE. This Agreement will enter into force on the day of its publication in the Official Gazette of the Federation.

Respectfully

Mexico City, July 13, 2020. - The President of the National Commission of Insurance and Bonds, Ricardo Ernesto Ochoa Rodríguez. - Signature.

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