Agreement suspending deadlines for institutions and persons subject to supervision by the National Commission of Insurance and Bonds due to the COVID-19 coronavirus — SHCP — MX

DOF: 30/06/2020

AGREEMENT suspending deadlines for the attention of institutions and persons subject to supervision by the National Commission of Insurance and Bonds, due to the coronavirus named COVID-19

A seal with the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- National Commission of Insurance and Bonds.

RICARDO ERNESTO OCHOA RODRÍGUEZ, President of the

National Commission of Insurance and Bonds,

based on what is provided in articles 1, third paragraph, 4, fourth paragraph, 73, fraction XVI, Bases

1st to 3rd, 90, first paragraph, of the Political Constitution of the United Mexican States; as well as 366,

fraction II, 372, fractions 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 the World Health Organization declared on March 11, 2020, as a global pandemic the coronavirus named SARS-CoV2 (COVID-19) since it is highly contagious and puts

at risk the health and even the life of the population, both cases guaranteed as Human Rights in

our Political Constitution of the United Mexican States, particularly due to its long period

of incubation that, although being infectious and contagious, is asymptomatic, and since it is not evident it encourages that

infected individuals continue with their usual activities in coexistence with others, potentiating the

growth of the impact of the virus.

That the General Health Council, in its Extraordinary First Session held on March 19,

2020, recognized the pandemic caused by the virus named SARS-CoV2 (COVID-19) in

Mexico, as a serious disease of priority attention, contemplating for this purpose the adoption of measures

preventive, including those for closed and open spaces aimed at mitigating the risk of transmission

community transmission of the virus, which implies consequently and for all effects that this is a situation of

force majeure.

That on March 30, 2020, the General Health Council published in the Official Gazette of the

the Federation the "Agreement declaring as a health emergency due to force majeure, the

epidemic of disease generated by the SARS-CoV2 virus (COVID-19)" , indicating that the Ministry of

Health would determine the actions necessary to address this emergency.

That on March 31, 2020, the Ministry of Health published in the Official Gazette of the

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, it ordered the

immediate suspension, from March 30 to April 30, 2020, of non-essential activities in the

public, social and private sectors, 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

resident in the national territory. This Agreement was modified with the purpose of extending the deadline for the

application of the extraordinary measures to May 30, 2020, through publication made in

the Official Gazette of the Federation on April 21, 2020.

Likewise, it was determined in article one of the aforementioned Agreement that the continuity in the provision

of financial services is considered as an essential activity and established practices of

mandatory observance for those persons who carry out activities defined as essential.

That article one of the Law of Insurance and Bond Institutions specifies financial services as activities

and operations of insurance institutions, bond institutions, as well as

those of insurance and bond agents, among others.

That insurance and bond institutions, as well as other persons subject to inspection and

surveillance of the Commission have adopted multiple mechanisms to ensure the continuity of the financial services

they provide, but under the limitations and operational restrictions derived from the contingency.

That on May 14, 2020, the Ministry of Health published in the Official Gazette of the

the Federation the "Agreement establishing a strategy for the reopening of social activities,

educational and economic, 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

establishes extraordinary actions" , which was modified through an Agreement published in the same medium

of dissemination on May 15, 2020. This 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 establishes that

the reopening of activities will be done gradually, orderly and cautiously.

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

That the health authorities have declared that Mexico City, headquarters of this National Commission

of Insurance and Bonds, is in a red traffic light with transition to orange.

That with the purpose of contributing to the actions established by the health authorities, and since

the agreement published by the National Commission of Insurance and Bonds in the Official Gazette of the Federation

on May 29, 2020, established that its validity would be until June 30, 2020,

it is necessary to provide a new agreement suspending deadlines on the same terms as the one that

concludes its validity.

That the Commission is the Decentralized Body of the Federal Public Administration empowered to issue,

within the scope of its competence, the general provisions to which insurance institutions must be subject

and bonds and other persons subject to supervision by the Commission and that in virtue of what was stated above

it considers necessary to issue a new agreement in the following terms:

AGREEMENT SUSPENDING DEADLINES FOR THE ATTENTION OF THE

INSTITUTIONS AND

PERSONS SUBJECT TO SUPERVISION OF THE NATIONAL COMMISSION

OF INSURANCE AND BONDS, DUE

TO THE CORONAVIRUS NAMED COVID-19

FIRST. - From the date of publication of this Agreement in the Official Gazette of the Federation

and until July 15, 2020,

deadlines are suspended regarding procedures and processes

that are in progress, are carried out or must be carried out before this Commission with the exception of those indicated in the

numerals SECOND and THIRD of this. During this period, 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 authorization requests or

registrations before this Commission are suspended. Regarding the renewal of authorizations for individual agent persons

attorneys-in-fact of corporate agent persons, the provisions of the Modifying Circular 4/20 of the Unified

Insurance and Bonds published in the Official Gazette of the Federation on March 27, 2020 shall apply.

The period provided for in this Agreement shall also apply to the deadlines established for the

Commission to take knowledge or resolve what is appropriate regarding procedures or processes

of its competence.

Consequently, on the next business day following the end of the period indicated in the first

paragraph of this numeral, the computation of the deadlines provided for in the applicable regulations shall resume.

SECOND. - The suspension of deadlines shall not apply to Regularization Plans nor to the

Self-Correction Programs contemplated in articles 320, 321 and 322 of the Law of Insurance and Bond Institutions,

respectively.

It shall also not apply to the information that insurance institutions, bond institutions and other persons subject to supervision by the Commission must provide, regarding information requests,

recommendations or requirements issued or has been issued by the Commission during the validity of this

Agreement and that are linked to the health contingency.

With respect to the obligations of insurance institutions, bond institutions and other persons

subject to supervision by the Commission consisting of the sending of information or Regulatory

Reports, the period indicated in the first paragraph of numeral FIRST shall only apply to

Regulatory Reports 1, 8, 9 and 12 of Title 38 of the Unified Insurance and Bonds Circular.

THIRD. - The attention to notifications and requirements that may be made by the administrative units

that had initiated inspection visits before April 7, 2020, is not included in the suspension deadlines referred to in numeral

FIRST, when the requirements are formulated for the processing of the files that as a result of said visits had not concluded.

The notifications and information requirements referred to in the previous paragraph, as well as their

attention by the institutions shall be carried out, based on article 389 of the Law of

Insurance and Bond Institutions, through the Official Notification System of Requirements

(SNOR), in accordance with what is established in chapter 39.5 of the Unified Insurance and Bonds Circular.

FOURTH. - This Agreement and the acts derived from it do not constitute a temporary or

definitive limitation of the attributes and powers that the laws confer on the Commission, nor will they generate greater

rights or benefits for the institutions and persons subject to supervision by the Commission, than those that

expressly and by virtue of the contingency, are defined by the Commission, being able to request the information

that it requires at any time and instruct what is appropriate in the exercise of its powers.

FIFTH. - The public servants of the National Commission of Insurance and Bonds will continue, as

until now, carrying out their work uninterruptedly, observing punctually all the

current determinations and those established by the health authorities.

TRANSITORY PROVISIONS:

FIRST. -

Publish in the Official Gazette of the Federation.

SECOND. - From the first business day following the termination of the validity of this Agreement, the

Partnership Office of the National Commission of Insurance and Bonds will resume the receipt of documents

relating to the procedures included in numeral FIRST, as well as those corresponding to the procedures

to which numeral FIRST of the "Agreement suspending deadlines for the attention of the

institutions and persons subject to supervision of the National Commission of Insurance and Bonds, due to the

coronavirus named COVID-19" , valid until June 30, 2020, refers.

THIRD. - For the receipt of digitized documents whose object is different from the attention to the

requirements that in terms of numeral THIRD the National Commission of Insurance and Bonds formulates,

the official email address oficialiadepartes@cnsf.gob.mx is established.

Respectfully

Mexico City, June 26, 2020.- The President of the National Commission of Insurance and Bonds,

Ricardo Ernesto Ochoa Rodríguez.- Initials.

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