Agreement Resuming Inspection Visit Procedures Ordered by the National Banking and Securities Commission

DOF: 11/01/2022

AGREEMENT Resuming the Procedures of the Inspection Visits Ordered by the National Banking and Securities Commission

A seal with the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

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; 2, 3, 4, 6, 6 Bis, 14, and 16 of the National Banking and Securities Commission Law; 28 of the Federal Administrative Procedure Law; 9 and 11 of the Internal Regulations of the National Banking and Securities Commission; as well as the SECOND transitory provision of the "Agreement establishing administrative measures for the continuity of the activities of the National Banking and Securities Commission in the handling of matters processed before it, during the health contingency caused by COVID-19," published on July 15, 2020, in the Official Gazette of the Federation, and

CONSIDERING

That on March 26, 2020, the Agreement establishing temporary and extraordinary measures and suspending certain deadlines for the attention of financial entities and persons subject to the supervision of the National Banking and Securities Commission, due to the coronavirus known as COVID-19, was published in the Official Gazette of the Federation (DOF), through which, among other things, the deadlines regarding hearings, procedures, and processes that were 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 the National Banking and Securities Commission (Commission) to modify or temporarily invalidate those legal provisions issued for Financial Entities and persons subject to the supervision of said Commission, which are necessary to provide the administrative facilities required, without prejudice to the participation that, if applicable, corresponds to other financial authorities;

That through agreements published in the DOF on April 17 and 28, May 29, and June 29, all of 2020, the term of the suspension of deadlines referred to in the Agreement mentioned in the previous paragraph was extended to April 30, May 30, June 30, and July 15, 2020, respectively, maintaining the effects of the other provisions contained in the Agreement published in the Official Gazette of the Federation on March 26, 2020. Additionally, in the publication of April 17, 2020, the Board of Directors of the National Banking and Securities Commission extended for as long as necessary to address the health contingency and its effects or until such Board of Directors determines otherwise, the powers of the President of the Commission provided for in the previous paragraph, as well as 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 July 15, 2020, the Commission published in the DOF the Agreement establishing administrative measures for the continuity of the activities of the National Banking and Securities Commission in the handling of matters processed before it, during the health contingency caused by COVID-19 (Reactivation Agreement), by virtue of which the computation of deadlines, both those provided for in periods or natural days and those provided for in business days indicated in the applicable regulations, resumes, regarding, in general, the procedures and processes initiated before the Commission, except for the exceptions contained in said agreement, which was modified by the one published in the DOF on November 23, 2020. The FOURTH of this Reactivation Agreement states that, in order to contribute to social distancing to avoid person-to-person contagion and the spread of COVID-19, the procedures of the inspection visits ordered by the National Banking and Securities Commission will remain suspended;

That the SECOND transitory provision of the Reactivation Agreement establishes that "the administrative measures contained in this Agreement will take effect from July 16, 2020, and will remain in force until the President of the National Banking and Securities Commission suspends their application through the publication of the respective Agreement";

That on May 14, 2020, the Ministry of Health published in the DOF 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 by a similar one published in the same medium 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; in order for the return of society to its general activities to occur in a reliable environment that reduces, as much as possible, the risks caused by the COVID-19 epidemic, and in this way continue with its abatement, to give way to the prompt economic recovery;

That in Mexico City, where the Commission's headquarters is located, on May 20, 2020, the Government Office 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 coronavirus COVID-19 pandemic and avoid new outbreaks of contagion, 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 labor, Government, education, public spaces, and transportation activities, the situation of vulnerable persons, epidemiological follow-up, and monitoring of COVID-19;

That the Government of Mexico City, through the "Ninety-ninth notice announcing the color of the epidemiological traffic light of Mexico City," as well as the health protection actions that must be observed resulting from the COVID-19 health emergency, published in the Official Gazette of Mexico City on October 29, 2021, declared the change to green of the city's epidemic risk traffic light, which has remained so until the date of issuance of this instrument, as well as in 27 other federal entities, so the operation of economic and social activities will be carried out in a habitual manner, but maintaining sanitary measures, including capacity at 60% in corporate offices; therefore, the causes that motivated the suspension of the inspection visit procedures have decreased; and

That, due to the above, it is necessary to make known to the entities and persons subject to the supervision of this National Banking and Securities Commission and the general public, the resumption of the procedures of the inspection visits ordered by said Commission, therefore it has resolved to issue the following:

AGREEMENT RESUMING THE PROCEDURES OF THE INSPECTION VISITS ORDERED BY THE NATIONAL BANKING AND SECURITIES COMMISSION

FIRST.
The procedures of the inspection visits ordered by the National Banking and Securities Commission are resumed, which includes the observations and corrective measures derived from said visits.

SECOND.
The FOURTH point of the Agreement establishing administrative measures for the continuity of the activities of the National Banking and Securities Commission in the handling of matters processed before it, during the health contingency caused by COVID-19, published in the Official Gazette of the Federation on July 15, 2020, is repealed, as well as the modification to said FOURTH point published in the aforementioned medium of dissemination on November 23, 2020.

TRANSITORY PROVISIONS

FIRST.
Publish in the Official Gazette of the Federation.

SECOND. This Agreement will take effect from the day following its publication in the Official Gazette of the Federation.

Respectfully,

Mexico City, January 3, 2022. - President of the National Banking and Securities Commission, Dr.
Jesús de la Fuente Rodríguez.- Signature.

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