Circular 6/2022 — Modifies Circular 13/2012 (Electronic Attention Module)

266 OFFICIAL GAZETTE Monday, April 4, 2022
BANCO DE MÉXICO
CIRCULAR 6/2022 addressed to the Entities and Financial Intermediaries Subject to the Regulation and Supervision of the Banco de México, regarding the modifications to Circular 13/2012 (Electronic Attention Module).

At the margin a logo, which says: Banco de México.- “2022, Year of Ricardo Flores Magón”.

CIRCULAR 6/2022
TO THE ENTITIES AND FINANCIAL INTERMEDIARIES SUBJECT TO THE REGULATION AND SUPERVISION OF THE BANCO DE MÉXICO:
SUBJECT: MODIFICATIONS TO CIRCULAR 13/2012 (ELECTRONIC ATTENTION MODULE)

The Banco de México, with the purpose of continuing to promote the sound development of the financial system and the protection of the public's interests, in view of the growing use of digital communication media employed by intermediaries and financial entities subject to the regulation and supervision of the Banco de México, considers it necessary:
a) To provide that the communication of a greater number of legal acts can be carried out through the Electronic Attention Module (MAE) operated by the Banco de México for the transmission of official communications through media with high levels of security and tracking, with the purpose of expanding the scope of automated information exchange procedures between the Bank, participants in the financial system, other financial authorities and other entities that the Bank itself authorizes; b) To allow that various communications, agreements and promotions regarding the reconsideration or review appeals that multiple laws contemplate as means to revoke, modify or confirm the resolutions of the Banco de México, can be known, presented, and consulted through the MAE, and c) To adjust some aspects related to the operation of the MAE in accordance with the “Supervision Rules, Self-Correction Programs and Sanctioning Procedure” issued by this Central Institute, published in the Official Gazette of the Federation on January 30, 2015, as well as their subsequent modifications.

For the above, based on articles 28, paragraphs sixth and seventh, of the Political Constitution of the United Mexican States, 24 and 36, of the Banco de México Law, 21, first paragraph and 22 of the Law for the Transparency and Ordering of Financial Services, 97 of the Credit Institutions Law, 350, third paragraph of the Securities Market Law, 57 of the Law to Regulate Financial Technology Institutions, 87-D, eighth paragraph, of the General Law of Organizations and Auxiliary Credit Activities, 4, first paragraph, 8, fourth and eighth paragraphs, 10, 14 Bis, first paragraph, in relation to 17, fraction I and 14 Bis 1, first paragraph, in relation to 25 Bis 1 of the Internal Regulations of the Banco de México, which grant it the authority to issue provisions through the General Legal Directorate and the General Directorate of Financial System Affairs, respectively, as well as Second, fractions I and X, of the Agreement on the Assignment of Administrative Units of the Banco de México, has resolved to modify the title of the Rules, the first paragraph, the definition of “Comprobante”, “Contestación de Notificación”, “Día Hábil”, “Entidad”, “IES”, “MAE”, “Operador”, “Organismo”, “Resolución” of Rule 1, first and second paragraphs of 2.1, 3., 3.1, 3.2, 3.3, 4.1, 4.6, 4.7 and Annex 1, add the definition of “Act”, “Authority”, “Supervision Rules” to Rule 1, as well as repeal the definition of “Commissions”, “Notification” of Rule 1, of the “Rules of the Electronic Attention Module”, issued through Circular 13/2012, to remain in the following terms:

“RULES OF THE ELECTRONIC ATTENTION MODULE”

1. DEFINITIONS.
   “For the purposes of these provisions, without prejudice to the different meanings that the terms indicated below may have in other general norms, it will be understood, in singular or plural, by:

Act: any of those carried out by the Banco de México in terms of the Supervision Rules.
…

Authority: individually or jointly, the Secretariat of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Bonding Commission, the National Commission for the Protection and Savings for Retirement, the National Commission for the Protection and Defense of Users of Financial Services, the Federal Consumer Protection Agency, the Federal Economic Competition Commission, and the Institute for the Protection and Bank Savings. …

Commissions: Repealed.

Comprobante: the Data Message generated by the Banco de México and made known through the MAE, to record that:
a) it has delivered to the Entity in question:
i) a notice of imputation of non-compliance; ii) a Resolution; iii) a Response; iv) a request for information, or v) information in general, or b) it has received from the respective Entity:
i) a Request; ii) a Response to Acts; iii) additional information, or iv) a reconsideration or review appeal, as well as the subsequent promotions.
…

Response to Acts: the Data Message with the Electronic Signature of a Representative, sent to the Banco de México through the MAE, by which an Entity makes statements in relation to an Act.
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Business Day: the days on which the Entities in question are not obliged to close their doors or suspend operations, in terms of the general provisions applicable to them for such effect, as well as those days of the calendar other than those that are mandatory rest days for the Banco de México in accordance with article 7 of the Regulatory Law of Fraction XIII bis of Section B, of Article 123 of the Political Constitution of the United Mexican States.

Entity: any of the financial entities or financial intermediaries indicated in article 8 of the Internal Regulations of the Banco de México, jointly or separately, subject to the regulation and supervision of the Banco de México.
…

IES: the Extended Security Infrastructure, administered and regulated by the Banco de México referred to in Circular-Telefax 6/2005, as they may be modified subsequent to its issuance.

MAE: the system called “Electronic Attention Module” developed and operated by the Banco de México, through which:
a) the Entities, Organizations and Authorities may, as the case may be:
i) present Requests and additional documentation; ii) consult the requests for additional information received from the Banco de México; iii) present the Response to Acts; iv) accredit or revoke before the Banco de México Qualified Representatives, Representatives and Operators; v) know the Acts, Resolutions and Responses, and vi) present the reconsideration and review appeals provided for in the applicable laws, as well as all those promotions related to their processing, and b) the Banco de México can communicate to the Entities:
i) Responses; ii) Notices of imputation of non-compliance; iii) Resolutions; iv) requests for information; v) informative documents; vi) Orders for inspection visits referred to in the Supervision Rules; vii) Opinions referred to in the Supervision Rules, and viii) other Acts.
…

Notification: Repealed.

Operator: the natural person designated and authorized by an Entity to have access to the MAE, with the sole object that this Entity can carry out the following actions: a) enter Requests, information or Response to Acts, and b) consult the requests for additional information, the notices of imputation of non-compliance, Responses, Resolutions and, if applicable, other Acts issued by the Banco de México.

Organization: the trade associations that integrate Entities, as well as other persons that the Banco de México, through the Directorate of Authorizations and Sanctions of Central Banking, authorizes to send and receive documentation in accordance with these Rules.

Supervision Rules: the “Supervision Rules, Self-Correction Programs and Sanctioning Procedure”, published in the Official Gazette of the Federation on January 30, 2015, as they may be modified according to subsequent determinations.
…
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Resolution: the Data Message with the Electronic Signature of the authorized officials of the Banco de México, through which it resolves regarding a notice of imputation of non-compliance or the filing of a reconsideration or review appeal, including its procedural agreements.”
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2. REQUIREMENTS TO PARTICIPATE IN THE MAE
   2.1 Initial Accreditation of Qualified Representatives, Representatives and Operators
   “The Entities, through their General Manager, the head of the legal area or the heads of the areas related to the presentation of Requests and Response to Acts, must request from the Banco de México the accreditation of the persons who can perform functions as Qualified Representatives, Representatives and, if applicable, Operators to carry out the acts that correspond to be carried out through the MAE.

For this purpose, the Entities must present to the Banco de México a communication in accordance with the format attached as Annex 1 of these Rules, addressed to the Directorate of Authorizations and Sanctions of Central Banking, signed by officials indicated in the previous paragraph, as applicable and accompanied by: a) certified copy of the deed in which the powers of the person signing the aforementioned communication are recorded, or a certification of their appointments issued by the secretary or deputy secretary of the board of directors or board of directors, as applicable, of the Entity in question, and b) an electronic device containing the Digital Certificate of the Qualified Representatives, Representatives and Operators designated.” …

3. “MAE OPERATION PROCEDURE”
   3.1 Presentation of information by Entities
   “The Entities that wish or must present or deliver to the Banco de México their Requests, Response to Acts, additional documentation, notices or attention to requests for information, as well as reconsideration or review appeals and their procedural promotions, as the case may be, must do so through the MAE, in accordance with these Rules. Only when such documentation meets the respective requirements, the Banco de México will generate, through the MAE, the corresponding Comprobante.

The documentation entered into the MAE from 9:00:00 to 16:00:00 hours, will be considered received for the legal effects that may arise, on the same Business Day. The documentation entered into the MAE after that time will be considered received on the next Business Day, with the exception of those promotions related to the review appeal, as well as those presented within the administrative procedures referred to in Title Four of the Supervision Rules, including those promotions corresponding to the reconsideration appeal, which are presented within the last Business Day of the corresponding term, which will be considered received in due time.”

“3.2 Communications of the Banco de México to Entities The Banco de México may communicate through the MAE notices of imputation of non-compliance and other Acts, as well as request information from them, in which case it will inform them of this to one of the email addresses indicated for such effect by the respective Entity. The foregoing will be appropriate without prejudice to the fact that the Entities must regularly consult the MAE, in order to promptly attend to the requests, notices of imputation of non-compliance and other Acts that, if applicable, are made to them. …

Regarding notices of imputation of non-compliance, when the Banco de México does not receive from an Entity the corresponding Response to Acts by the date indicated in the notice of imputation of non-compliance itself, the term for said Entity to manifest what is convenient for its interest in the exercise of its right to be heard will be considered exhausted.

The requests for information and the notification of the Acts referred to in the previous paragraphs, will take effect on the Business Day following the date on which they are made available to the corresponding Entities, through the MAE, unless a later date is established therein. The foregoing will not be applicable to the notifications of the Acts and Resolutions issued in the processing and resolution of reconsideration and review appeals, which will take effect on the Business Day on which they are made available to the Entities. This, regardless of the date on which the recipients consult them.”

“3.3 Responses of the Banco de México
When the Banco de México, through the MAE, communicates Responses to the corresponding Entity, it will inform it of this through one of the email addresses it has indicated for such effect. Such Responses will take effect on the date on which they are made available to the Entity or, if applicable, on the date established therein.”

4. GENERAL PROVISIONS
   “4.1 The Entities must formulate their Requests, present the Response to Acts and attend to the requests for additional information referred to in these Rules, exclusively through the MAE. The Banco de México may make known through the MAE the Responses, Resolutions and Acts, as well as carry out requests for information for such effects.”
   …

“4.6 When the Organizations, any of the Authorities and financial entities other than the Entities wish to send information, Requests or request opinions to the Banco de México through the MAE, they must observe what is provided in these Rules.”

“4.7 The Banco de México, through the Directorate of Authorizations and Sanctions of Central Banking, may authorize exceptions to what is provided in these Rules.”

ANNEX 1
COMMUNICATION MODEL
…

“Mexico City, on ___ of _________ of 20__.
BANCO DE MÉXICO
Directorate of Authorizations and Sanctions of Central Banking, Av. 5 de Mayo, number 2, third floor, Col. Centro, C.P. 06000, Mexico City, By this means [FULL NAME OF THE ENTITY, INCLUDING, IF APPLICABLE, THE FINANCIAL GROUP TO WHICH IT BELONGS] (hereinafter, the “Entity”) makes express acknowledgment of the content of Circular 13/2012 published in the Official Gazette of the Federation on September 17, 2012, in the terms in force on the date of signing of this document, as they may be modified by that authority subsequently (hereinafter, the “Rules”). Consequently, this Entity manifests its conformity to present the Requests, formulate the Response to Acts and attend to requests for information, as well as to know the Acts, Resolutions, Responses and requests for information to which the Rules refer, in the terms indicated therein.

In compliance with what is provided in said Rules, this Entity requests that this Central Institute accredit the persons who will serve as Qualified Representatives, Representatives and/or, if applicable, Operators, to enter Requests, additional information and the Responses to Acts, as well as to know the Acts, Resolutions, Responses, requests for information and notices in general, as indicated below:
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For this purpose, the person signing this communication has the necessary powers to accredit the aforementioned persons, in accordance with the referred Rules, which is evidenced by the certified copy of the public deed(s) in which the respective powers are recorded, or by the certification of the appointment issued by the secretary or deputy secretary of the board of directors or board of directors, as applicable, of this Entity, which is attached to this communication.

Likewise, this Entity manifests that the persons who, at this act, request accreditation have the necessary powers in accordance with what is provided in the referred Rules, to carry out the management corresponding to the type of accreditation requested.

Additionally, the electronic device containing the Digital Certificates of the aforementioned Qualified Representatives, Representatives and/or, if applicable, Operators, which are identified with the ending “.cer” or “.crt”, or those that, if applicable, replace them, is attached to this communication, who will be responsible for updating said Digital Certificates through the MAE. This Entity at this act recognizes and accepts that, by the fact of entering Requests, Response to Acts or additional information, as well as receiving Resolutions, Responses or any other documentation in the form provided in the referred Rules, the notices, reports, requests and other acts that the Banco de México communicates through the MAE, will have full legal validity and will produce all the legal effects that may arise.

Likewise, this Entity recognizes and accepts that the Responses, Resolutions, Acts and requests for information that the Banco de México communicates to it, through the MAE, will take effect in the terms indicated in the referred Rules, regardless of the date on which they are consulted.

Finally, this Entity, at this act, releases the Banco de México from all responsibility for the attention given to the Requests, Response to Acts, or any other communication entered by the persons that this Entity has requested to be accredited to act as Qualified Representatives, Representatives and Operators, until the notice of revocation, if applicable, takes effect in terms of what is provided in the referred Rules. … …

C.C.P. IT Management of the Banco de México, located at Av. 5 de Mayo, number 1, third floor, Col. Centro, C.P. 06000, Mexico City.
For your information and corresponding purposes.”

TRANSITIONAL PROVISIONS
FIRST.- This Circular will enter into force on the first day of the month following the date of its publication in the Official Gazette of the Federation.

SECOND.- The Entities that on the date of publication in the Official Gazette of the Federation of this Circular have not yet requested from the Banco de México the accreditation of the persons who can perform functions as Qualified Representatives, Representatives and, if applicable, Operators, must present the corresponding communication in the terms provided in Circular 13/2012, during the term provided in Transitional Rule FIRST.

THIRD.- Regarding what is provided in Rule 1, with respect to the definition corresponding to “MAE”, subsection a), numeral iii), this will exclude the writings by which the Entities authorize the Banco de México to make the corresponding charges for the payment of administrative sanctions in the unique accounts that the Entities, if applicable, maintain at the Banco de México. The foregoing must be observed until the Banco de México sends through the MAE itself a communication informing about the enablement of the MAE for the purpose of sending this type of writings.

FOURTH.- What is provided in the definitions of Comprobante, MAE and Resolution, as well as in numerales 3.1 and 3.2, with respect to the filing, processing and resolution of reconsideration and review appeals through the Electronic Attention Module of the Banco de México, will enter into force once the heads of the Legal Directorate and the Directorate of Authorizations and Sanctions of Central Banking of the Banco de México jointly or separately publish, in their respective scope of competence, in the Official Gazette of the Federation the declaration of start of functions of the processing of said means of appeal through the cited Module.

FIFTH.- The provisions of these Rules that refer to administrative units of the Banco de México that change their name, will continue to be applicable and will be understood to refer to the administrative unit in which the attributes conferred by this regulation fall.

Mexico City, on March 29, 2022.- BANCO DE MÉXICO: General Legal Director, Luis Urrutia Corral.- Rubric.- General Director of Financial System Affairs, José Luis Negrín Muñoz.- Rubric.

For any consultation regarding the content of this Circular, the Banco de México is at your disposal through the Directorate of Authorizations and Sanctions of Central Banking at telephone (55) 5237-2000 extension 3200.