2017-07-03 | Circular 13/2017

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Circular 13/2017 — Payment Systems Administered by the Bank of Mexico and Funds Transfer Services

The Bank of Mexico establishes the general provisions governing the procedure for interested parties to become participants in payment systems administered by the Bank of Mexico, specifically the SPEI and SPID, and defines their obligations. The regulation requires prior written authorization from the Bank of Mexico and admission by the Administrator, mandating the submission of documentation proving compliance with technical, operational, and risk management standards. It further regulates the contracting of third-party services, imposing strict requirements for authorization, contract terms, and liability, including specific provisions for foreign-based third parties and the participant's ultimate responsibility for third-party actions.

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Tuesday, July 4, 2017 OFFICIAL GAZETTE (First Section) 53 BANK OF MEXICO CIRCULAR 13/2017 addressed to participants in the Payment Systems Administered by the Bank of Mexico and to other interested parties in acting with such status.

A logo appears at the margin, stating: Bank of Mexico.

CIRCULAR 13/2017 TO PARTICIPANTS IN THE PAYMENT SYSTEMS ADMINISTERED BY THE BANK OF MEXICO AND TO OTHER INTERESTED PARTIES IN ACTING WITH SUCH STATUS:

SUBJECT: GENERAL PROVISIONS APPLICABLE TO THE PAYMENT SYSTEMS ADMINISTERED BY THE BANK OF MEXICO

The Bank of Mexico, with the purpose of continuing to promote the sound development of the financial system and the proper functioning of the payment systems, has determined to regulate the procedure that interested parties must follow to act as participants in the payment systems administered by the Bank of Mexico, as well as to establish the obligations to which participants in the aforementioned systems must be subject.

For the above, the Bank of Mexico, based on articles 28, paragraphs sixth and seventh, of the Political Constitution of the United Mexican States, 2, 3, fraction I, 24, 31 and 35 Bis, of the Bank of Mexico Law, 10 and 19 of the Payment Systems Law, 22 of the Law for Transparency and Ordering of Financial Services, 4, first paragraph, 8, paragraphs fourth and seventh, 10, first paragraph, 14 Bis, first paragraph, in relation to 17, fraction I, 14 Bis 1, first paragraph, in relation to 25 Bis 1, fraction IV and 20, fraction XI, of the Internal Regulations of the Bank of Mexico, which grant it the authority to issue provisions through the General Legal Directorate, the General Directorate of Financial System Affairs and the Payment Systems Directorate, respectively, as well as Second, fractions I, VIII and X, of the Agreement on the Affiliation of the Administrative Units of the Bank of Mexico, has resolved to issue the following provisions:

GENERAL PROVISIONS APPLICABLE TO PARTICIPANTS IN THE PAYMENT SYSTEMS ADMINISTERED BY THE BANK OF MEXICO AND TO OTHER INTERESTED PARTIES IN ACTING WITH SUCH STATUS

CHAPTER I Preliminary Provisions

1a. Purpose.- These Provisions aim to promote the proper functioning of the payment systems, regulate the procedure that interested parties must follow to act as Participants, as well as to establish the obligations to which Participants must be subject.

2a. Definitions.- For the purposes of these Provisions, the following shall be understood:

I. Administrator: the Bank of Mexico, in its capacity as Administrator of the SPEI and the SPID in terms of article 2, fraction I, of the Payment Systems Law.

II. Dollars: the legal tender currency in the United States of America.

III. Internal Rules: those referred to in article 2, fraction IV, of the Payment Systems Law, which are applicable to the SPEI or the SPID, as appropriate, which are comprised, for the SPEI, in the “Rules of the Interbank Electronic Payment System”, contained in Circular 14/2017 of the Bank of Mexico and the SPEI operation manual, and for the SPID, in the “Rules of the Interbank Payment System in Dollars”, contained in Circular 4/2016 of the Bank of Mexico and the SPID operation manual, or those that, if applicable, replace them.

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IV. Operator: the person designated by a Participant and registered with the Administrator to instruct operations of that Participant through a Payment System, in terms of its Internal Rules.

V. Transfer Order: the unconditional instruction that a Participant issues on behalf and for the account of its issuing client, which it specifies in the same, or, if applicable, on behalf and for its own account when there is no request from any issuing client, and sends it to another Participant through a Payment System, in terms of the Internal Rules, so that the latter, once the established conditions for that purpose are met, carries out the corresponding crediting of a specific amount in pesos, national currency or in Dollars, as appropriate, to the account of the beneficiary client designated in said instruction.

VI. Accepted Transfer Order: a) that Transfer Order that has been settled in the Payment System in question, in accordance with the Internal Rules.

VII. Participant: the interested party that has been authorized by the Bank of Mexico in accordance with these Provisions, that has been admitted to participate in a Payment System in terms of the Internal Rules and that has entered into the contract in terms of 7a. of these Provisions.

VIII. Issuing Participant: the Participant that sends a Transfer Order in a Payment System.

IX. Receiving Participant: the Participant that receives an Accepted Transfer Order from a Payment System.

X. Payment Systems: the SPEI and the SPID, jointly or separately.

XI. Submission Request: the instruction presented by the issuing client of an Issuing Participant by which it requires this to send a Transfer Order, which must include the information contained in these Provisions and in the Internal Rules.

XII. SPEI: the payment system named “Interbank Electronic Payment System”.

XIII. SPID: the payment system named “Interbank Payment System in Dollars” that allows the sending, processing and settlement of Interbank Transfer Orders, in order to transfer, through electronic means, specific amounts in Dollars to demand deposit accounts denominated in that currency, with or without checkbooks, payable in the Mexican Republic, opened only in the name of legal entities that have their domicile in national territory.

The terms indicated above may be used in singular or plural, without it being understood that their meaning changes.

CHAPTER II Authorization to Participate in a Payment System

3a. Authorization to act as Participant.- The interested party wishing to act as a Participant in any Payment System requires, for this purpose, prior and written authorization from the Bank of Mexico.

Additionally, the interested party wishing to act as a Participant must present to the Administrator an admission request regarding each Payment System in which it intends to participate, either in terms of what is established in 41a. of the “Rules of the Interbank Payment System in Dollars” contained in Circular 4/2016 or in 57a. of the “Rules of the Interbank Electronic Payment System”, contained in Circular 14/2017, both issued by the Bank of Mexico, in its capacity as Administrator of said Payment Systems.

4a. Submission of the authorization request to act as Participant.- To obtain the authorization referred to in 3a., first paragraph, of these Provisions, which allows it to act as a Participant, the interested party must present to the Bank of Mexico a written request in which it expressly indicates its willingness to unconditionally submit to these Provisions and to the Internal Rules.

The authorization request referred to in this Provision, as well as the admission request referred to in 3a., second paragraph, of these Provisions, may be presented jointly to the Bank of Mexico through the Business Operation and Continuity Management of the Payment Systems, and must be signed by the general director of the interested party or by the person occupying the position in the interested party that has under their responsibility the administration functions, or by any official occupying a position of at least two immediate hierarchical levels below that of the aforementioned general director or equivalent.

In the aforementioned request, the interested party must indicate the names, telephone numbers and email addresses of the persons it designates as contacts to address legal, technical and operational matters regarding which, if applicable, the Bank of Mexico requires follow-up.

5a. Documentation to prove compliance with requirements.- The interested party wishing to act as a Participant that submits the request referred to in 4a. of these Provisions must attach to it the documentation, information, reports and certifications that prove that it meets the technical, operational and risk management requirements, necessary for the proper functioning of the Payment System provided for in the Internal Rules, in particular that it observes, from the Payment System in which it intends to participate, at least, the requirements of information security, operational risk management, protection of issuing clients, interoperability and management of additional risks related to the use of the respective Payment System for the commission of illicit activities, in accordance with the corresponding Internal Rules.

For these purposes, said documentation and information will correspond to that which the interested party attaches to the admission request referred to in 3a. of these Provisions, which the interested party presents.

The Bank of Mexico may require additional documentation and information it deems necessary to evaluate the appropriateness of granting the requested authorization.

6a. Resolution.- Once the request referred to in 4a. of these Provisions meets the requirements, referred to in 4a. and 5a. of these Provisions, the Bank of Mexico, based on the received documentation and once it has carried out the tests, reviews and visits that, if applicable, it considers necessary to the facilities, equipment, documents or information of the interested party in question, will determine whether it is appropriate to authorize said interested party as a Participant. In the event that such authorization is granted, the Bank of Mexico will inform its decision to the interested party wishing to act as a Participant for the purpose of entering into the contract referred to in the following Provision.

7a. Contract.- The interested party wishing to act as a Participant that obtains the authorization referred to in 6a. of these Provisions and that has been admitted by the Administrator to participate in a Payment System, must enter into the respective contract with said Administrator in terms of the Internal Rules.

CHAPTER III Authorization to Contract Third-Party Services

8a. Provision of services by third parties.- The Participant or the interested party wishing to act as such may agree with third parties that provide them with an interface that allows them to connect with the Payment System in which they have the status of Participant or in which they intend to participate in accordance with what is established in these Provisions, or any other service that is essential for the processing of Transfer Orders, provided that they comply with the requirements and conditions established in this Chapter, as well as in the Internal Rules, for which the Participant or said interested party must submit an authorization request to the Bank of Mexico, through the Business Operation and Continuity Management of the Payment Systems.

Along with the request referred to in this Provision, the Participant or the interested party must provide, regarding the third party with which it intends to agree on the provision of said service, the documentation and information indicated below:

I. Draft contract or legal instrument it intends to enter into with the third party. The referred contract or instrument must expressly indicate the willingness of the third party, regarding the services subject to contracting, to unconditionally submit to these Provisions and to the Internal Rules, as well as to all those obligations to which the Participant or the interested party who hired it is subject, including in an enumerative and non-limiting manner the following:

a) Allow the Bank of Mexico to carry out visits to verify compliance with the requirements applicable referred to in these Provisions and the Internal Rules;

b) Provide the information that the Bank of Mexico requests within the timeframes it indicates;

c) Allow the Participant or the interested party who hired it and an independent external auditor of said Participant or interested party to have access to their facilities, documents, equipment and information in general, and to carry out audits;

d) Deliver to the independent external auditor of the Participant or interested party the books, system codes, records, manuals and documents in general, related to the provision of the service;

e) Maintain confidentiality regarding information related to the technical aspects of the functioning of the Payment System, as well as information of the operations that according to applicable legislation is defined as personal data and that it collects as part of the activities it carries out under the contract or legal instrument it enters into with the Participant or said interested party;

f) Have, if applicable, security guidelines and business continuity plans that comply with what is established in the Internal Rules, and

g) Establish the prohibition for the third party to subcontract the provision of the services it provides to the Participant or interested party;

II. Approval of the board of directors or equivalent body that has under its responsibility the administration functions of the Participant or of the interested party wishing to act as such, in which it must be stated that:

a) The contracting does not put at risk the compliance of the applicable provisions to the Participant or said interested party regarding its operation in the Payment System, and

b) The business practices of the third party are consistent with the operation of the Participant or interested party;

III. Documents that prove the experience, technical capacity and sufficiency of human resources of the third party regarding the services subject to contracting;

IV. The procedure offered by the third party to the Participant or interested party to identify, measure, monitor, limit, control, inform and disclose risks that may arise from the provision of its services;

V. The mechanisms for dispute resolution agreed upon between the Participant or interested party and the third party, relating to the contract or legal instrument they have entered into;

VI. The procedure to evaluate the performance of the third party in the provision of the services, the compliance with its contractual obligations and the frequency of the evaluation;

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VII. The document that describes the actions that will be carried out for the orderly termination of the same, in the event that the provision of the service through the third party is suspended and it is not possible to immediately replace the third party in said provision, and

VIII. That documentation, information and certifications that the Bank of Mexico additionally requests.

9a. Third parties residing abroad.- In the event that the Participant or the interested party wishing to act as such enters into a contract or legal instrument with third parties, that provide the service wholly or partially outside the national territory, in addition to the requirements established in the previous Provision, the Participant or said interested party must:

I. Prove that the third parties reside in countries whose internal law provides protection for personal data, safeguarding their confidentiality, or that they maintain signed international agreements with Mexico in matters of personal data protection or that allow the exchange of information between competent authorities abroad;

II. Additionally provide in the instrument in which the approval of the board of directors or equivalent body that has under its responsibility the administration functions referred to in fraction II of the previous Provision is stated, that there will be no impact on the operational continuity of the Participant or interested party, due to the geographical distance and, if applicable, the language that will be used in the provision of the service, and

III. Have technical support schemes that allow solving problems and incidents independently of the differences that, if applicable, exist in time zones and business days.

Additionally, in the event that any authority of the third party's country of origin requests information related to the services it provides to the Participant or interested party wishing to act as such, said Participant or interested party must inform the Bank of Mexico regarding such situation immediately after becoming aware of it and must provide it with a copy of the information that the third party has delivered to the authority of its country of origin.

10a. Documentation that proves compliance with the Provisions regarding the contracting of third parties.- The documentation referred to in the Provisions of this Chapter must be available at all times to the Bank of Mexico, at the domicile of the Participant or interested party.

The Participant or interested party must obtain prior and written authorization from the Bank of Mexico, which must be requested through the Business Operation and Continuity Management of the Payment Systems, to make any modification to the contract or legal instrument they have entered into with the third party. Likewise, it must inform the Bank of Mexico, through the aforementioned Management, regarding any reform to the third party's corporate purpose or modifications to its internal organization, that may affect the provision of the service, with at least five business days in advance before these take place.

In the event that the documentation referred to in the Provisions of this Chapter is written in a language other than Spanish, when the Bank of Mexico so requires, it must be presented along with its corresponding official translation duly legalized.

11a. Liability.- The Participant or interested party wishing to act as such will be liable at all times for the services provided by third parties, even when these are carried out in terms different from those agreed. Likewise, the Participant or interested party will be liable for the actions of third parties that result in non-compliance with these Provisions, Internal Rules or any other applicable provision. The foregoing will proceed without prejudice to the civil, administrative or penal liabilities in which said third parties may incur for violations of applicable legal provisions.

What is stated in this Provision must be expressly provided for in the contract or legal instrument entered into by the Participant or interested party and the third party.

12a. Suspension of the provision of the service.- The Participant must refrain from using the third party's service when it observes changes in its operation that may affect the compliance of the

58 (First Section) OFFICIAL GAZETTE Tuesday, July 4, 2017 present Rules or Internal Standards, or when it identifies or has knowledge of the third party's non-compliance with applicable regulations. The Participant must inform the Bank of Mexico in writing through the Management of Operation and Business Continuity of the Payment Systems, regarding the suspension or termination of the service provision by the third party, the causes that motivated it, as well as the actions being taken for continuity, at least thirty calendar days prior to the date of suspension or termination of the service provision.

CHAPTER IV Obligations of Participants

13a. Obligations of Participants.- Each Participant must observe at all times the technical, operational, information security, and operational risk management requirements, client issuer protection, interoperability, and those related to the use of the Payment System in the commission of illicit activities, necessary to promote the proper functioning of the Payment System. For these purposes, they must comply, at least, with the obligations listed below, in accordance with the characteristics, as well as the formats, forms, terms, and deadlines established in the Internal Standards:

I. Perform periodic verifications of compliance with the aforementioned requirements, through reviews carried out by the compliance officer(s) of the Payment System, the head of the internal audit area of the Participant, if it has one, as well as by an independent external auditor hired by the Participant for these purposes, and deliver to the Administrator a compliance report of the aforementioned requirements signed by said head and auditor. Additionally, the Participant must deliver said report to its audit committee or, if the Participant does not have an audit committee, must present it to the general manager or to the person who has under their responsibility the administration functions and, in any case, must present to the Administrator the proof of presentation to the referred committee or official, as applicable;

II. Have at all times the compliance officer(s) of the Payment System;

III. Have at all times the personnel required to perform Operator activities to instruct operations through the Payment System;

IV. Present to the Administrator, when requested by the Administrator or when irregularities or non-compliance with the Internal Standards are detected derived from the verification referred to in fraction I of this Rule, a mandatory compliance plan to correct such irregularities or non-compliance, which must comply with the terms and conditions determined by the Administrator for this purpose;

V. Comply with the operating hours and availability levels of the Payment System;

VI. Comply with the information content, structure, and parameters applicable to Submission Requests, Transfer Orders, and Accepted Transfer Orders;

VII. Assign a "Basic Standardized Key" to each of the accounts of its issuer clients;

VIII. Observe the deadlines and schedules for sending, crediting, and returning applicable to Transfer Orders and Accepted Transfer Orders;

IX. Allow its clients to submit Submission Requests to any of the Participants included in the list that the Administrator informs daily at the beginning of operations of the Payment System in question, during the schedules, for the amounts, and through any of the means and channels that must be made available to its issuer clients for this purpose;

X. Perform the corresponding validations for the identification and authentication of the client and risk verification for each Submission Request, Transfer Order, and Accepted Transfer Order;

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XI. Comply with the content and deadlines to inform, through the means and channels agreed with clients or specified in the Internal Standards, free of charge to them, the status of their Submission Request, Transfer Order, Accepted Transfer Order, the crediting of resources, as well as to submit requests for clarification, inquiries about the status, or claims related to a Submission Request or Accepted Transfer Order;

XII. Generate, within the established deadlines, the crediting confirmations to inform that the resources subject to an Accepted Transfer Order were credited to the beneficiary client's account and send them to the Administrator;

XIII. Refrain from sending Transfer Orders in its own name when the respective transfers are requested by third parties, as well as refrain from sending Transfer Orders in the name of third parties when there are no Submission Requests from its clients;

XIV. Comply with the protocols, formats, forms, sending methods, and procedures for the exchange of information through the Payment Systems, as well as with the instructions that the Administrator gives it in writing;

XV. Refrain from performing or receiving funds transfers from those clients or users regarding whom Participants have not complied with the requirements related to the use of the Payment System in the commission of illicit activities, referred to in the first paragraph of this Rule;

XVI. Provide its clients with access to the information contained in the Accepted Transfer Orders;

XVII. Make available to its clients mechanisms to access the electronic payment receipts corresponding to each Accepted Transfer Order;

XVIII. Pay to the issuer clients or beneficiary clients, as applicable, the compensation resulting from non-compliance with the deadlines for sending, crediting, and returning applicable to Transfer Orders and Accepted Transfer Orders;

XIX. Have and, if applicable, implement contingency procedures when events affect its operation or connection with the Payment System, or if required by the Administrator;

XX. Observe the deadlines to inform: i) to the Administrator, in the event that any event affecting its operation with the Payment System occurs, when it detects any irregular circumstance in its operation with said system or any imminent threat to the operation of the Payment System, and ii) to its clients in the event that there are failures in its technological infrastructure affecting services related to the Payment System;

XXI. Cover the counter-prestations and fees that correspond;

XXII. Provide the information or documentation within the deadlines and terms established for this purpose in the Internal Standards or by the Administrator;

XXIII. Keep confidentiality regarding information related to the technical aspects of the functioning of the Payment System and use the information exclusively for the purposes provided in the Internal Standards, and

XXIV. The other obligations that, if applicable, are established in these Rules and the Internal Standards.

14a. Obligations of SPID Participants.- SPID Participants, in addition to what is established in 13a. of these Rules, must comply with the following obligations:

I. Maintain at all times an account in Dollars exclusively for its operation in the SPID in at least one financial institution in the United States of America that provides services for dollar account management, as well as for the receipt and sending of funds in said currency;

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II. Refrain from offering electronic interbank funds transfers through an electronic payment system that allows the performance of such transfers in Dollars, whose internal standards are authorized by the Bank of Mexico, or which is administered by the Bank of Mexico in accordance with the Payment Systems Law, to legal entities that are not incorporated or do not have their domicile in national territory in the terms established by the Bank of Mexico;

III. Refrain from processing funds transfers to deposit accounts denominated in Dollars opened at another Participant in the name of the beneficiary legal entities of said transfers, through transfers within that same Participant of resources coming from accounts opened in its own name at said Participant;

IV. Refrain from issuing Transfer Orders or accepting those Accepted Transfer Orders issued by the SPID referred to the issuer client or beneficiary client, as the case may be, whose data have matched the general lists or particular resolutions indicated below, without the Participant itself having carried out the review and, if applicable, obtained the additional necessary information to verify if said client does not correspond to the person included in such lists or resolutions: a) general lists or particular resolutions issued by competent authorities regarding persons regarding whom credit institutions in general are obliged by law to suspend their operations, or b) the official lists regarding persons regarding whom financial institutions, national or foreign, are obliged by law to suspend their operations, issued by the competent authorities that the correspondent with whom the Participant in question holds a dollar deposit account to operate in the SPID must observe, and

V. In the event that, derived from the processing of the Accepted Transfer Orders, alerts are generated in the automated systems that the Participant in question has in order to detect unusualness in the respective transfers or inconsistencies of these with the information that is known to said Participant regarding the issuer client and beneficiary client, as the case may be, give attention to said alerts with greater priority and speed than established in its ordinary processes, in proportion to the additional risk that could be derived from said transfers.

15a. Obligations of SPEI Participants.- SPEI Participants, in addition to what is established in 13a. of these Rules, must comply with the following obligations:

I. Comply with the deadlines applicable to Accepted Transfer Orders by the SPEI of the return type;

II. Celebrate the collaboration agreement for the protection of the issuer client, as well as comply with the terms and conditions of said instrument;

III. Maintain at all times the amount of own resources sufficient destined for the protection of its issuer clients in terms of the Internal Standards;

IV. Implement the scheme regarding balances in client accounts in terms of the Internal Standards, and

V. Have systems, procedures, and control measures that allow certifying and validating the identity of the issuer client, the availability of resources in the issuer account, as well as safeguarding the elements of identity verification and identifiers of the issuer client.

CHAPTER V Supervision and Sanction

16a. Supervision and Sanction.- The Bank of Mexico will supervise the compliance of each Participant with what is established in these Rules and the Internal Standards and any non-compliance will be sanctioned in terms of what is established in the Bank of Mexico Law and other applicable regulations. For the purposes of said supervision, the Bank of Mexico may adopt, among other measures, issuing recommendations regarding its functioning as a Participant in the Payment Systems.

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17a. Revocation of Authorization.- The Bank of Mexico may limit or revoke the authorization granted to a Participant, prior to the evaluation it carries out of the severity of the non-compliance in which it has incurred; of the potential effects of its suspension in terms of the Internal Standards on the functioning of the payment systems and the stability of the financial system, as well as the probable relevant impacts on the users of the payment system services, when the Participant in question incurs in any of the situations indicated below:

I. Infringe any of the obligations indicated in 13a., 14a. and 15a. of these Rules, or any of the requirements provided in the Internal Standards to act as a Participant in the Payment Systems that correspond, or in the policies and procedures that it has been obliged to follow in terms of the same;

II. Fail to comply with the mandatory compliance plan provided in the Internal Standards;

III. Enter into a process of dissolution and liquidation;

IV. Be declared in commercial bankruptcy by a judicial authority;

V. Commit serious infractions or be a repeat offender, and

VI. Voluntarily request the Administrator in terms of the Internal Standards for authorization to cease acting as a Participant.

TRANSITORY CLAUSES

FIRST.- These Rules will enter into force on the tenth banking business day following the date of their publication in the Official Gazette of the Federation, except for what is provided in the following Transitory Articles. Upon the entry into force of these Rules, the "General Provisions applicable to Credit Institutions intending to participate in the Payment Systems for Interbank Funds Transfers in Dollars" issued by the Bank of Mexico through Circular 3/2016 published in the Official Gazette of the Federation on March 11, 2016 and its modifications given to know through Circulares 10/2016, 13/2016, and 12/2017 published in said Gazette on November 3, 2016, November 11, 2016 and June 2, 2017, respectively, will be repealed. The references contained in other rules or regulations of the Bank of Mexico or of any other authority to the Rules cited in the previous paragraph will be understood as made to the Rules contained in this Circular.

SECOND.- The authorizations issued in favor of credit institution Participants of the SPID on the date of entry into force of this Circular in terms of the "General Provisions applicable to Credit Institutions intending to participate in the Payment Systems for Interbank Funds Transfers in Dollars" issued by the Bank of Mexico through Circular 3/2016 published in the Official Gazette of the Federation on March 11, 2016 and its modifications given to know through Circulares 10/2016, 13/2016, and 12/2017 published in said Gazette on November 3, 2016, November 11, 2016 and June 2, 2017, respectively, will remain in force in their terms without the need for a new authorization to be issued by the Bank of Mexico and will be subject in the future to what is provided in this Circular.

THIRD.- Regarding those entities that, on the date of entry into force of this Circular, have the status of SPEI Participants in accordance with the "Rules of the Interbank Electronic Payment System", issued by the Bank of Mexico through Circular 17/2010 published in the Official Gazette of the Federation on June 15, 2010 and its modifications given to know through Circulares 24/2011, 4/2013, 6/2014, 20/2014, 2/2015, 4/2015 and 13/2015, published in said Gazette on December 2, 2011, December 6, 2013, April 29, 2014, December 12, 2014, January 16, 2015, March 6, 2015 and August 31, 2015, respectively, will conserve said status and will be subject to what is provided, insofar as applicable, in the "Rules of the Interbank Electronic Payment System", issued by the Bank of Mexico through Circular 14/2017.

FOURTH.- What is provided in Chapter III of these Rules, relative to the "Authorization to contract third-party services", regarding the SPEI, regarding those entities referred to in the Third Transitory Article, as well as those interested in acting as Participants in the SPEI, who prior to the entry into force of this Circular, have presented a request to the Bank of Mexico in terms of

62 (First Section) OFFICIAL GAZETTE Tuesday, July 4, 2017 the Rules referred to in the Third Transitory Article, which are pending resolution, will enter into force on December 29, 2017. Until then, the Participants or interested parties referred to in the previous paragraph, who on the date of entry into force of this Circular have celebrated a contract or legal instrument with third parties, that provide the service totally or partially outside the national territory, may continue to operate in the terms and conditions agreed for this purpose.

Mexico City, June 30, 2017.- The General Legal Director, Luis Urrutia Corral.- Rubric.- The General Director of Financial System Affairs, Jesús Alan Elizondo Flores.- Rubric.- The Director of Payment Systems, Manuel Miguel Ángel Díaz Díaz.- Rubric. For any inquiries regarding the content of this Circular, please contact the Management of Authorizations, Inquiries and Legal Control, at the phones (55) 5237-2308, (55) 5237-2317 or (55) 5237-2000 Ext. 3200.

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