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

AGREEMENT RESUMING INSPECTION VISIT PROCEDURES ORDERED BY THE NATIONAL BANKING AND SECURITIES COMMISSION Published in the Official Gazette of the Federation on January 11, 2022.

The President of the National Banking and Securities Commission (Comisión Nacional Bancaria y de Valores), based on what is provided by Articles 1, third paragraph; 4, fourth paragraph; and 73, section XVI, Bases 1st to 3rd of the Political Constitution of the United Mexican States; Articles 2, 3, 4, 6, 6 Bis, 14, and 16 of the Law of the National Banking and Securities Commission; Article 28 of the Federal Administrative Procedure Law; Articles 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 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 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, 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, authorizing 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 supervision of said Commission that are necessary to provide the administrative facilities required, without prejudice to the participation that may correspond 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 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 Governing Board of the National Banking and Securities Commission extended for as long as necessary to address the health contingency and its effects, or until such Governing Board determines otherwise, the powers of the President of the Commission provided 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 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), whereby computations of deadlines, both those provided for by periods or natural days and those provided for in business days indicated in applicable regulations, resumed with respect to, in general, 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 for inspection visits ordered by the National Banking and Securities Commission will continue suspended;

That the SECOND transitory provision of the Reactivation Agreement establishes that “the administrative measures contained in this Agreement shall take effect from July 16, 2020 and shall 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 extraordinary actions, modified through a similar publication 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; so that the return of society to its general activities occurs 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 eradication, to pave the way for prompt economic recovery;

That in Mexico City, where the headquarters of the Commission 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 pandemic COVID-19 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, 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 health emergency due to COVID-19, published in the Official Gazette of Mexico City on October 29, 2021, declared the change to green color of the epidemic risk traffic light of the city, which has remained thus until the date of issuance of this instrument, as well as in 27 other federal entities, so that 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 inspection visit procedures have decreased; and

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

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

FIRST. The procedures for 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 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 dissemination medium dated November 23, 2020.

TRANSITORY PROVISIONS

FIRST. Publish in the Official Gazette of the Federation.

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