Agreement Modifying the General Provisions on Treasury Functions

DOF: 12/06/2024

AGREEMENT modifying the General Provisions on Treasury Functions

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.

MARÍA ELVIRA CONCHEIRO BÓRQUEZ, Treasurer of the Federation, based on articles 31, fraction XXXII of the Organic Law of the Federal Public Administration; 1, 2, fractions I, V, VII and XII, 5, 6, 17, 18, 20, 21 and 26 of the Federation Treasury Law; 18, 19, 20, 21 and 22 of the Regulations of the Federation Treasury Law; 3 and 51 of the Federal Budget and Fiscal Responsibility Law; and 31, fractions II and III of the Internal Regulations of the Ministry of Finance and Public Credit, and

CONSIDERING

That on November 30, 2018, the General Provisions on Treasury Functions were published in the Official Gazette of the Federation, modified through publications in the same official dissemination organ on December 16, 2019, and February 15, March 30, and December 20, 2023, and

That it is considered convenient to clarify the procedure for the opening, modification, and cancellation of bank accounts authorized by exception by the Treasury of the Federation in accordance with article 18, last paragraph of the Federation Treasury Law, as well as their validity, with the objective of reducing administrative burdens on the Departments and Entities of the Federal Public Administration, therefore I have deemed it appropriate to issue the following:

AGREEMENT MODIFYING THE GENERAL PROVISIONS ON TREASURY FUNCTIONS

SINGLE. - The following provisions are REFORMED: 37, first paragraph, fraction I, sub-paragraphs b) and d), and the second paragraph; 38, first paragraph, fraction I, sub-paragraphs c) and d); 39, first paragraph, fraction VIII, and the fourth paragraph; 40, the first paragraph; 41; 44, the first paragraph; 45 Bis, the first paragraph; 45 Quáter; 47, the third paragraph; 51, the first paragraph; 51-A, the first paragraph, and 51-B; the following provisions are ADDED: 34 Bis; 37, first paragraph, fractions VII and VIII; 38, first paragraph, fraction I, sub-paragraph f); 40, first paragraph, fraction I, sub-paragraph g), and 45 Bis, first paragraph, fraction III, sub-paragraph j), the second paragraph, shifting the current one in its order, and provision 37, first paragraph, fraction I, the last paragraph, of the General Provisions on Treasury Functions is REPEALED, to read as follows:

" 34 Bis. For the purposes of articles 17 and 18, last paragraph of the Law, for the opening of bank accounts in the name of the Departments or Entities, authorization from the Treasury is required.

The Treasury will consider the specific particularities of each bank account authorization request, in accordance with what is established in the Law, its Regulations, and other applicable legal provisions. "

" 37.

...

I. Be signed by the head of the General Comptroller's Office or the Administration and Finance Unit or equivalent, with the approval granted by the head of the Department or Entity through autograph signature, and indicate the following:

a)

...

b) Specify the reasons why the Concentration, Payment, or payment cannot be made through the Current Account or the bank accounts in the name of the Treasury.

c)

...

d) The object and description of the purpose of the bank account in accordance with article 19, fraction I of the Regulations and the Technical and Operational Specifications.

e) to g)

...

Repealed.

II. to VI.

...

VII. Attach, if applicable, the authorization issued by the competent administrative unit of the Ministry to make payments through an authorized commissioner or the establishment of the revolving fund.

VIII. Attach a simple copy of the Tax Status Certificate containing the Federal Taxpayer Registry with which the opening of the account is requested.

The Treasury will issue the authorization for the Department or Entity in question to carry out the opening of the corresponding bank account within a maximum period of twenty business days. To carry out the opening of the bank account, the Department or Entity will have a period of twenty business days counted from its notification, extendable, on one occasion and for the same period, upon justified and signed request by the head of the General Comptroller's Office or the Administration and Finance Unit or equivalent, which must invariably contain a copy of knowledge to the head of the Department or Entity in question.

... "

" 38.

...

I.

...

a) and b)

...

c) The initials of the Department or Entity.

d) Indicate the object and purpose of the bank account in accordance with the Technical and Operational Specifications.

e)

...

f) Indicate keywords that make the bank account identifiable.

II.

... "

" 39.

...

I. to

VII.

...

VIII. Provide the Treasury with the necessary information and documentation regarding all sub-accounts, in the terms provided in provision 50 of these General Provisions and in accordance with the Technical and Operational Specifications.

...

...

Sub-accounts of bank accounts that have a validity of more than 12 months, and that do not report records in the last 6 months, must be canceled by the corresponding Department or Entity, in order to carry out their update in the Account Register in accordance with provision 47 of these General Provisions. "

" 40. Once the Department or Entity carries out the opening of the authorized bank account referred to in the second paragraph of provision 37 of these General Provisions, it must send to the Treasury, within a period not exceeding fifteen business days following the opening of the bank account, the request for the registration of said account in the Account Register, in which the number of the official document containing the authorization must be indicated, and must send through electronic means and in accordance with what is established in the Technical and Operational Specifications, the following documentation:

I.

...

a) to f)

...

g) If applicable, identification number of the contract or contracts associated with the bank account, different from its opening contract.

II. to IV.

...

...

... "

" 41. The authorization for the opening of the corresponding bank account will have a validity of up to three years from its definitive registration in the Account Register, and the bank account must be closed within the first fifteen business days following the expiration of the authorization. This is without prejudice to those cases, due to their administrative nature or legal situation justifying the Department or Entity, where the Treasury determines a different validity for the authorization. "

" 44. The Treasury will issue, within a maximum period of twenty business days counted from the receipt of the request referred to in the previous provision, the authorization for the Department or Entity in question to carry out the opening of the corresponding bank account. To carry out the opening of the bank account, the Department or Entity will have a period of forty business days counted from its notification, extendable, on one occasion and for the same period, upon justified request made by the head of the General Comptroller's Office or the Administration and Finance Unit or equivalent, which must invariably contain a copy of knowledge to the head of the Department or Entity in question.

... "

" 45 Bis. Once the Department or Entity carries out the opening of the authorized bank account referred to in provision 44 of these General Provisions, it must send to the Treasury, within a period not exceeding twenty business days following the opening of the bank account, the request for registration of said account in the Account Register, in which the number of the official document containing the authorization must be indicated, and must send through electronic means and in accordance with what is established in the Technical and Operational Specifications, the following documentation:

I. and II.

...

III.

...

a) to i)

...

j) ...

If for reasons inherent to the credit institution, it does not issue said signature card, the Department or Entity in question will issue it in accordance with the Technical and Operational Specifications.

...

a) and b)

...

...

... "

" 45 Quáter. The authorization for the opening of the corresponding bank account will have a validity of up to three years from its definitive registration in the Account Register, and the bank account must be closed within the first fifteen business days following the expiration of the authorization. This is without prejudice to those cases, due to their administrative nature or legal situation justifying the Department or Entity, where the Treasury determines a different validity for the authorization. "

" 47.

...

...

For the purposes of the foregoing, the Department or Entity, through the head of the General Comptroller's Office or the Administration and Finance Unit or equivalent, must request from the Treasury the authorization for the change of the bank account, indicating the causes and reasons that generate it, in order for the Treasury, if applicable, to issue the corresponding authorization official document.

...

...

... "

" 51. The head of the General Comptroller's Office or the Administration and Finance Unit or equivalent in the Departments and Entities will be responsible for compliance with the provisions referred to in this Chapter and may designate, via official document, before the Treasury, the public servants who can carry out the procedures referred to in provisions 40, 45 Bis, 47 third paragraph, 48 and 49 of these General Provisions, regarding the bank accounts provided for in this Chapter.

... "

" 51-A. The Departments and Entities must inform the Treasury of the monthly balances and the interest generated in the bank accounts, as well as deliver the corresponding account statements in XML files, within the first seven business days following the closing of each month, in accordance with the Technical and Operational Specifications.

...

... "

" 51-B. In cases where applicable, in accordance with what is established in the Federal Budget and Fiscal Responsibility Law and its Regulations, the Departments and Entities must return to the Treasury the resources that have not been exercised in the bank accounts authorized by exception, so that at the end of the budgetary exercise the balance is zero.

The Departments and Entities must deliver to the Treasury the supporting documentation for the return of resources, within ten business days following its execution. "

TRANSITIONAL PROVISIONS

FIRST. This modifying Agreement will enter into force the day following its publication in the Official Gazette of the Federation.

SECOND. Until the Technical and Operational Specifications referred to in this modifying Agreement are made known, the ones issued previously will continue to apply, insofar as they do not oppose this instrument.

The Technical and Operational Specifications mentioned in the previous paragraph will be made known by the Treasury of the Federation on the Internet page of the Ministry of Finance and Public Credit within thirty natural days following the entry into force of this modifying Agreement.

THIRD. Bank accounts that have been authorized by the Treasury of the Federation, from the entry into force of the " Agreement modifying the General Provisions on Treasury Functions " published in the Official Gazette of the Federation on February 15, 2023 and until before the entry into force of this modifying Agreement, will have a validity of three years from their definitive registration in the Account Register referred to in article 18, last paragraph of the Regulations of the Federation Treasury Law.

Bank accounts that are authorized by the Treasury of the Federation from the entry into force of this modifying Agreement will have the validity determined by the Treasury of the Federation in accordance with what is provided for in this instrument.

FOURTH. Procedures initiated prior to the entry into force of this modifying Agreement, and until their conclusion, will be carried out in accordance with the regulations in force at the time of their presentation.

FIFTH. Legal provisions that oppose this modifying Agreement are repealed.

Mexico City, June 05, 2024.- The Treasurer of the Federation,

María Elvira Concheiro

Bórquez.- Rubric.

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