Circular 8/2022 — Modifications to Circular 44/2020 (Resumption of Deadlines for Filing, Processing, and Resolving Reconsideration and Review Appeals)

Monday, August 22, 2022 OFFICIAL GAZETTE 1 BANK OF MEXICO CIRCULAR 8/2022 addressed to entities subject to the supervision of the Bank of Mexico, regarding the Modifications to Circular 44/2020 (resumption of the deadlines for filing, processing, and resolving reconsideration and review appeals).

A logo appears on the margin, stating: Bank of Mexico.- “2022, Year of Ricardo Flores Magón”.

CIRCULAR 8/2022
TO THE ENTITIES SUBJECT TO THE SUPERVISION OF THE BANK OF MEXICO:

SUBJECT: MODIFICATIONS TO CIRCULAR 44/2020 (RESUMPTION OF THE DEADLINES FOR FILING, PROCESSING, AND RESOLVING RECONSIDERATION AND REVIEW APPEALS)

The Bank of Mexico, with the purpose of continuing to promote the sound development of the financial system and to foster the proper functioning of payment systems, as well as to provide legal certainty to the entities and financial intermediaries under its supervision, in view of the evolution of the effects of the COVID-19 pandemic, has determined that the calculation of the deadlines corresponding to the diligence and actions for the filing, processing, and resolution of the reconsideration and review appeals provided for, respectively, in Article 64 of the Bank of Mexico Law, Article 50 of the Law for Transparency and Orderly Regulation of Financial Services, and Article 57 of the Law to Regulate Credit Information Companies, be restored, without submitting these modifications to public consultation, as this would not be convenient for its purpose, since they only aim to lift the suspension of the deadlines for the procedures for the appeals that sanctioned entities and intermediaries have the right to file against such sanctions.

Therefore, based on Articles 28, paragraphs sixth and seventh, of the Political Constitution of the United Mexican States, Articles 2, 3, fraction I, 4, 24, 25, 64, 65, and 67 of the Bank of Mexico Law, Articles 48 and 48 Bis 1 of the Credit Institutions Law, Articles 22, 38, and 50 of the Law for Transparency and Orderly Regulation of Financial Services, Articles 56, paragraph second, and 57 of the Law to Regulate Credit Information Companies, Articles 1, 4, paragraph first, 8, paragraphs fourth and eighth, 10, paragraph first, 14 Bis, paragraph first, in relation to Articles 17, fraction I, 17 Bis, fractions V and VI, and 28, fractions I and II, 14 Bis 1, paragraph first, in relation to Article 25 Bis 1, fraction IV, 15 Bis 1, in relation to Article 29 Bis, fraction VIII, 16, in relation to Article 16 Bis, fraction II, and 20 Quáter, fraction IV, as well as Chapters IV and V of the Internal Regulations of the Bank of Mexico, as well as Article 13, fraction IV, of the Policies for Public Consultation of General Provisions issued by the Bank of Mexico, which grant it the authority to issue provisions through the General Legal Directorate, the General Directorate of Financial System Affairs, the General Directorate of Information Technologies, the General Directorate of Issuance, and the Directorate of Policy and Studies of Payment Systems and Market Infrastructures, respectively, as well as Article Second, fractions I, III, IX, X, and XVII, of the Agreement on the Affiliation of Administrative Units of the Bank of Mexico, has resolved the following:

FIRST. Paragraphs second, third, fourth, and fifth of the operative FIRST section are modified, and Annex A of Circular 44/2020, published in the Official Gazette of the Federation on December 29, 2020, is added, to read as follows:

“FIRST. …

The days included from the day immediately following the notification of the sanction resolutions referred to in Annex A of this Circular until the date applicable in accordance with said Annex shall be considered non-working days, for the purpose of calculating the deadlines for filing, processing, and resolving the reconsideration and review appeals referred to in the previous paragraph, with the exception of what is established in the two following paragraphs.

With respect to sanction resolutions notified from November 1, 2020, through December 29, 2020, the days elapsed until that latter date shall be considered working days, in terms of Article 2, fraction V, of the Supervision Rules, Self-Correction Programs, and Sanctioning Procedure, for the purpose of calculating the deadlines for filing, processing, and resolving the aforementioned reconsideration and review appeals, with the calculation resuming on the date applicable in accordance with Annex A of this Circular. This is without prejudice to what is established in the following paragraph.

The calculation of the deadlines for the processing and resolution of reconsideration and review appeals that had been admitted by December 29, 2020, shall resume on the first banking working day following the date of publication of Circular 8/2022 in the Official Gazette of the Federation.

The deadlines for the processing of pending reconsideration and review appeals with initial status shall resume from the date corresponding in accordance with the provisions of Annex A of this Circular.”

SECOND. Regarding sanction resolutions notified from the day this Circular enters into force, the days elapsed from the day the aforementioned notification is made shall be considered working days, in terms of Article 2, fraction V, of the Supervision Rules, Self-Correction Programs, and Sanctioning Procedure, for the purpose of filing, processing, and resolving reconsideration and review appeals.

THIRD. Entities and financial intermediaries to whom the Bank of Mexico has notified sanction resolutions during the period between March 23, 2020, and the date of entry into force of this Circular may benefit from a twenty percent reduction in the amount of the corresponding fine, in accordance with Articles 67 of the Bank of Mexico Law, 38 of the Law for Transparency and Orderly Regulation of Financial Services, and 56, paragraph second, of the Law to Regulate Credit Information Companies, provided that i) they have not filed, nor will they file, any means of defense against the resolution in question, and ii) they pay the corresponding fine, at any time prior to the conclusion of the fifteen working-day deadline they have to file the corresponding appeal, calculated in accordance with the applicable deadline calculation in terms of Circulares 12/2020, 44/2020, including their modifications through subsequent resolutions, this Circular, and other applicable regulations. Therefore, the update referred to in Articles 67 of the Bank of Mexico Law, 38 of the Law for Transparency and Orderly Regulation of Financial Services, and 56, paragraph first, of the Law to Regulate Credit Information Companies, shall be carried out from the month in which the deadline referred to in item ii) of this section expired and until the payment is made.

“ANNEX A
Period in which the resolution was notified Date on which the calculation of deadlines resumes From August 3 to 7, 2020 August 29, 2022 From August 10 to 14, 2020 September 5, 2022 From August 17 to 21, 2020 September 19, 2022 From August 24 to 31, 2020 October 3, 2022 From September 1 to 4, 2020 October 31, 2022 From September 7 to 11, 2020 November 28, 2022 From September 14 to 18, 2020 December 26, 2022 From September 21 to 30, 2020 January 9, 2023 From October 1 to 9, 2020 February 7, 2023 From October 12 to 16, 2020 February 20, 2023 From October 19 to 23, 2020 March 6, 2023 From October 26 to 30, 2020 April 3, 2023 From December 8 to 11, 2020 May 2, 2023 From December 14 to 18, 2020 May 29, 2023 From December 21 to 31, 2020 June 12, 2023

Monday, August 22, 2022 OFFICIAL GAZETTE 3 From January 1 to 8, 2021 July 10, 2023 From January 11 to 15, 2021 July 17, 2023 From January 18 to 22, 2021 July 24, 2023 From January 25 to 29, 2021 August 7, 2023 From February 1 to 5, 2021 September 4, 2023 From February 8 to 12, 2021 September 18, 2023 From February 15 to 19, 2021 October 16, 2023 From February 22 to 26, 2021 October 30, 2023 From March 1 to 5, 2021 November 13, 2023 From March 8 to 12, 2021 November 27, 2023 From March 15 to 19, 2021 December 4, 2023 From March 22 to 31, 2021 December 18, 2023 From April 1 to 9, 2021 January 2, 2024 From April 12 to 16, 2021 January 8, 2024 From April 19 to 23, 2021 January 22, 2024 From April 26 to 30, 2021 February 6, 2024 From May 3 to 7, 2021 February 19, 2024 From May 10 to 14, 2021 February 26, 2024 From May 17 to 21, 2021 March 25, 2024 From May 24 to 31, 2021 April 8, 2024 From June 1 to 4, 2021 July 1, 2024 From June 7 to 11, 2021 July 15, 2024 From June 14 to 18, 2021 July 29, 2024 From June 21 to 30, 2021 August 26, 2024 From July 1 to 9, 2021 October 21, 2024 From July 12 to 16, 2021 November 4, 2024 From July 19 to 23, 2021 November 19, 2024 From July 26 to 30, 2021 January 13, 2025 From August 2 to 6, 2021 February 10, 2025 From August 9 to 13, 2021 February 24, 2025 From August 16 to 20, 2021 March 10, 2025 From August 23 to 31, 2021 March 24, 2025 From September 1 to 10, 2021 May 19, 2025 From September 13 to 17, 2021 June 2, 2025 From September 20 to 24, 2021 June 16, 2025 From September 27 to 30, 2021 June 30, 2025 From October 1 to 8, 2021 July 28, 2025 From October 11 to 15, 2021 August 11, 2025 From October 18 to 22, 2021 September 8, 2025 From October 25 to 29, 2021 September 22, 2025 From November 1 to 5, 2021 October 20, 2025 From November 8 to 12, 2021 November 18, 2025 From November 15 to 19, 2021 November 24, 2025

4 OFFICIAL GAZETTE Monday, August 22, 2022 From November 22 to 30, 2021 December 8, 2025 From December 1 to 10, 2021 January 5, 2026 From December 13 to 17, 2021 February 3, 2026 From December 20 to 24, 2021 February 16, 2026 From December 27 to 31, 2021 March 17, 2026 From January 3 to 7, 2022 April 13, 2026 From January 10 to 14, 2022 April 27, 2026 From January 17 to 21, 2022 May 11, 2026 From January 24 to 31, 2022 June 8, 2026 From February 1 to 4, 2022 July 6, 2026 From February 7 to 11, 2022 July 20, 2026 From February 14 to 18, 2022 August 3, 2026 From February 21 to 28, 2022 August 17, 2026 From March 1 to 4, 2022 August 31, 2026 From March 7 to 11, 2022 September 14, 2026 From March 14 to 18, 2022 September 28, 2026 From March 21 to 31, 2022 October 12, 2026 From April 1 to 8, 2022 October 26, 2026 From April 11 to 15, 2022 November 9, 2026 From April 18 to 22, 2022 November 17, 2026 From April 25 to 29, 2022 November 30, 2026 From May 2 to 6, 2022 December 28, 2026 From May 9 to 13, 2022 January 11, 2027 From May 16 to 20, 2022 January 25, 2027 From May 23 to 31, 2022 February 22, 2027 From June 1 to 10, 2022 April 19, 2027 From June 13 to 17, 2022 May 3, 2027 From June 20 to 24, 2022 May 17, 2027 From June 27 to 30, 2022 May 31, 2027 From July 1 to 8, 2022 June 28, 2027 From July 11 to 15, 2022 July 12, 2027 From July 18 to 22, 2022 August 9, 2027 From July 25 to 29, 2022 August 23, 2027 From August 1 to 5, 2022 October 18, 2027 From August 8 to 12, 2022 November 1, 2027 From August 15, 2022 to the day immediately preceding the date of entry into force of Circular 8/2022. December 27, 2027”

TRANSITIONAL PROVISION SINGLE.- This Circular shall enter into force the day following its publication in the Official Gazette of the Federation.

Mexico City, August 11, 2022.- BANK OF MEXICO: General Legal Director, Luis Urrutia Corral.- Signature.- General Director of Financial System Affairs, José Luis Negrín Muñoz.- Signature.-

Monday, August 22, 2022 OFFICIAL GAZETTE 5 General Director of Information Technologies, Octavio Bergés Bastida.- Signature.- General Director of Issuance, Alejandro Alegre Rabiela.- Signature.- Director of Policy and Studies of Payment Systems and Market Infrastructures, Othón Martino Moreno González.- Signature.

For any inquiries regarding the content of this Circular, the Bank of Mexico is at your disposal through the Central Bank Authorizations and Sanctions Directorate at telephone (55) 5237-2000 extension 3200.