Criterion No. 01/2024 for General Application Regarding the Administration of Federal Real Estate Assets, Relative to the Distribution of Competencies Between Administrating Dependencies and Functions of the Real Estate Responsible Administrator (RIA)

DOF: 29/05/2024

CRITERION No.

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.

CIRCULAR

TO THE DEPENDENCIES, OFFICE OF THE PRESIDENCY OF THE REPUBLIC, ENTITIES OF THE FEDERAL PUBLIC ADMINISTRATION

Based on the provisions of articles 31, fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2, fraction II, 26, 27, 28, 29, 36, 37, 38 and 101 of the General Law of National Assets; 1, 4, section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; 1, 3 and 10, fraction II of the Regulations of the Institute of Administration and Appraisal of National Assets; First and Fourth, fraction I, of the Organization and Functioning Norms of the Federal and Paraestatal Real Estate Assets Committee; it brings to your knowledge that the Federal and Paraestatal Real Estate Assets Committee, in its (4th/23) Fourth Ordinary Session 2023, held on December 7, 2023, making use of its normative and guiding faculty regarding the real estate activity of the dependencies and entities of the Federal Public Administration, approved:

AGREEMENT 23/2023.- CPIFP.

"The members of the Federal and Paraestatal Real Estate Assets Committee are informed of AGREEMENT 19/2023.- SN emanating from the Subcommittee of Normativity during its Fourth Ordinary Meeting 2023 and approve the modification to CRITERION No. 03/2021 of general application, for the administration of Federal Real Estate Assets, which establishes the distribution of competencies between the dependencies administering real estate and functions inherent to the public servant Real Estate Responsible Administrator (RIA) and instructs the Executive Secretary to carry out the procedures before the Official Gazette of the Federation for its publication."

As a consequence of the above, the issuance of the instrument described below is derived:

CRITERION No. 01/2024 OF GENERAL APPLICATION FOR THE ADMINISTRATION OF FEDERAL REAL ESTATE ASSETS, RELATIVE TO THE DISTRIBUTION OF COMPETENCIES BETWEEN THE DEPENDENCIES ADMINISTERING REAL ESTATE AND FUNCTIONS INHERENT TO THE PUBLIC SERVANT "REAL ESTATE RESPONSIBLE ADMINISTRATOR (RIA)"

"The Heads of the Administrating Dependencies of real estate referred to with such character in the General Law of National Assets will annually, or whenever there is any modification in the Institution's structure, send the letter addressed to the Head of the Institute of Administration and Appraisal of National Assets, through which they designate the public servant in charge of carrying out the actions, procedures, and paperwork necessary for the administration of the federal real estate assets that are the competence of the dependency they represent, who must have at least the level of General Director or its equivalent, to whom they will be called Real Estate Responsible Administrator (RIA) and will have the following functions:

• Coordinate actions with administrative units internally, for the Integration and necessary updating of the Federal and Paraestatal Real Estate Information System (SIIFP).

• Act as a liaison, before INDAABIN, regarding the real estate they administer, in accordance with what is provided in the distribution of competencies chart, as well as with any other provision applicable to them.

Any modification that implies the removal from the Dependency of the designated public servant must be notified in writing, accompanied by the new designation made by the Head of the Institution and accompanied by the data and documentation required for the purposes of updating and incorporating the public servant into the Registry of Real Estate Responsible Administrators.

CHART OF DISTRIBUTION OF COMPETENCIES BETWEEN THE DEPENDENCIES ADMINISTERING REAL ESTATE

ADMINISTRATING DEPENDENCIES	FACULTIES ACCORDING TO THE TYPE OF REAL ESTATE THEY REGULATE	APPLICABLE LEGAL FRAMEWORK BY SUBJECT	ADMINISTRATIVE UNIT LINKED TO THE SUBJECT
Federal real estate made available to the Ministry of Finance and Public Credit for purposes of use and eventual alienation.		Constitution of the United Mexican States: Art. 132. General Law of National Assets: Arts. 28, 29, 32, fraction X and 68. Organic Law of the Federal Public Administration: Art. 31, fractions XXIX, XXX and XXXII. Regulations of the Institute of Administration and Appraisal of National Assets: Institute's Attributes: Art. 3, fractions III, VIII, XII and XX. Presidency of the Institute's Faculties: Art. 6, fractions XIII, XVI and XVII. General Directorate of Real Estate Policy and Management's Attributes: Art. 10, fractions V, VII and VIII. General Directorate of Administration of Federal Real Estate Assets' Attributes: Art. 11, fractions II and XIII.
Federal real estate shared by several public institutions and border ports.		Constitution of the United Mexican States: Art. 132. General Law of National Assets: Arts. 28, 29, 102 and 106. Organic Law of the Federal Public Administration: Art. 31, fractions XXIX and XXX. Regulations of the Institute of Administration and Appraisal of National Assets: Institute's Faculties: Arts. 3, fraction XVII. Presidency of the Institute's Faculties: Art. 6, fraction XV. General Directorate of Administration of Federal Real Estate Assets' Attributes: Art. 11, fractions XXVI, XXVII to XXXIII.
Federal real estate in use by religious associations.		Constitution of the United Mexican States: Transitory Article Seventeenth. General Law of National Assets: Arts. 28, 29, 78 and 79. Organic Law of the Federal Public Administration: Art. 31, fractions XXIX, XXX and XXXII. Regulations of the Institute of Administration and Appraisal of National Assets: Institute's Faculties: Art. 3, fraction XIX. General Directorate of Administration of Federal Real Estate Assets' Attributes: Art. 11, fractions XVI and XVIII. General Directorate of Appraisals and Works' Attributes: Art. 12, fractions XXVII to XXX.
Federal maritime-terrestrial zone, maritime beaches and lands reclaimed from the sea or other marine water deposits.		Constitution of the United Mexican States: Arts. 27 and 132. General Law of National Assets: Arts. 28, 38, 61, 62, and 119 to 127. Organic Law of the Federal Public Administration: Art. 32 Bis, fractions VIII and XXXIX. Regulations for the Use and Exploitation of the Territorial Sea, Navigable Waterways, Beaches, Federal Maritime-Terrestrial Zone and Lands Reclaimed from the Sea: Art. 5. Internal Regulations of the Ministry of Environment and Natural Resources: General Directorate of Federal Maritime-Terrestrial Zone and Coastal Environments' Attributes: Art. 19. Head of the Commission's Attributes: Art. 69 fraction XI. General Directorate of Regional Operation's Attributes: Art. 71, fractions VI and VII.
National lands within protected natural areas (biosphere reserves, national parks, sanctuaries, areas for the protection of flora and/or fauna and natural monuments)		Constitution of the United Mexican States: Arts. 27 and 132. General Law of National Assets: Arts. 28 and 38. General Law of Ecological Balance and Environmental Protection: Art. 63, last paragraph. Organic Law of the Federal Public Administration: Art. 32 Bis, fractions VII and XXXIX. Internal Regulations of the Ministry of Environment and Natural Resources: General Directorate of Forest, Soil and Ecological Planning Management's Attributes: Art. 16, fraction XVI. Protected Natural Areas Directorates' Attributes: Art. 77, fractions IV and XIII.
National assets inherent.		Constitution of the United Mexican States. Arts. 27 and 132. General Law of National Assets: Arts. 28 and 38. National Waters Law: Art. 113. Organic Law of the Federal Public Administration: Art. 32 Bis, fractions XXIV and XXXIX. Internal Regulations of the National Water Commission: General Director of the Commission's Attributes: Arts. 1 and 13. Sub-General Directorate of Water Administration's Attributes: Art. 24.
Archaeological monuments and federal property land forming part of the monument zone.		Constitution of the United Mexican States: Art. 132. General Law of National Assets: Arts. 28, 30, 38, 62, fraction V; 81 and 103. Federal Law on Monuments, Archaeological, Artistic and Historical Zones: Arts. 3, 5, 21 to 26, and 44 to 46. Organic Law of the Federal Public Administration: Art. 41 Bis, fraction XVII.	National Institute of Anthropology and History.
Islands of federal jurisdiction.		Constitution of the United Mexican States: Arts. 27 fourth paragraph, 42, fractions II, III and IV and 48. General Law of National Assets: Arts. 28 and 38. Organic Law of the Federal Public Administration: Art. 27, fraction XI. Internal Regulations of the Ministry of the Interior: Government Unit's Faculties: Art. 12, fraction XIX. General Directorate of Liaison and Follow-up's Attributes: Art. 15, fraction V.
Highways and bridges.		Constitution of the United Mexican States: Art. 132. General Law of National Assets: Arts. 28 and 38. General Law of Communication Routes: Arts. 3 and 8. Law of Highways, Bridges and Federal Auto-transport: Arts. 5, 6 and 8. Regulations for the Exploitation of the Right of Way of Federal Highways and Adjacent Zones: Arts. 5 and 6. Organic Law of the Federal Public Administration: Art. 36, fraction XXI. Internal Regulations of the Ministry of Infrastructure, Communications and Transport: General Directorate of Highways' Attributes: Art. 18.
Toll highways.		Constitution of the United Mexican States: Art. 132. General Law of National Assets: Arts. 28 and 38. Organic Law of the Federal Public Administration: Art. 36, fraction XXIV General Law of Communication Routes: Arts. 3 and 8. Law of Highways, Bridges and Federal Auto-transport: Art. 5, 6 and 8. Regulations for the Exploitation of the Right of Way of Federal Highways and Adjacent Zones: Arts. 5 and 6-A Internal Regulations of the Ministry of Infrastructure, Communications and Transport: General Directorate of Highway Development's Attributes: Art. 20.
General railway communication routes.		Constitution of the United Mexican States: Art. 132. Organic Law of the Federal Public Administration: Art. 36, fraction VIII General Law of National Assets: Arts. 28 and 38. General Law of Communication Routes: Arts. 3 and 8. Regulatory Law of the Railway Service: Art. 6. Internal Regulations of the Ministry of Infrastructure, Communications and Transport: General Directorate of Railway and Multimodal Development's Attributes: Arts. 21 and 35.
Airports.		Constitution of the United Mexican States: Art. 132. General Law of National Assets: Arts. 28 and 38. General Law of Communication Routes: Arts. 3 and 8. Airport Law: Arts. 6, 7 and 10. Regulations of the Airport Law: Arts. 1, 7, 13 and 16. Organic Law of the Federal Public Administration: Art. 36, fractions IV and V. Internal Regulations of the Ministry of Infrastructure, Communications and Transport: Faculties of the Federal Aviation Agency, decentralized administrative body of SICT: Arts. 3, section C, Fraction I, 31, 33 and 34. Decree creating the decentralized administrative body of the Ministry of Communications and Transport, called the Federal Aviation Agency " Arts. 2 and 3 fractions, IV, XIV, XVIII, XIX, XXI, XXII and XXXVIII. (DOF 16/10/2019)
Note: In the case of right of way rights in the energy sector (electricity transmission lines and ducts), their administration corresponds to PEMEX and CFE.
National lands.		Constitution of the United Mexican States: Art. 132. General Law of National Assets: Arts. 28 and 38. Agrarian Law: Arts. 157 to 162. Regulations of the Agrarian Law in Matters of Rural Property Planning: Arts. 96 to 130. Organic Law of the Federal Public Administration: Art. 41, fraction IX Internal Regulations of the Ministry of Agrarian, Territorial and Urban Development: Undersecretariat of Territorial and Agrarian Planning's Attributes: Art. 8. General Directorate of Rural Property Planning's Attributes: Art. 20, fraction XII.
NOT CONSIDERED AN ADMINISTRATING DEPENDENCY OF REAL ESTATE IN THE GENERAL LAW OF NATIONAL ASSETS, HOWEVER, FOR WHAT CORRESPONDS TO THE FEDERAL REAL ESTATE THAT ARE OF ITS COMPETENCE, IT IS RECOGNIZED AS A PERMANENT GUEST IN THE FEDERAL AND PARAESTATAL REAL ESTATE ASSETS COMMITTEE.	Acquire, administer and conserve the properties of the Nation abroad.	Constitution of the United Mexican States: Art. 27, fraction I, second paragraph. General Law of National Assets: Art.31. Organic Law of the Federal Public Administration: Art. 28, fraction II. Internal Regulations Ministry of Foreign Affairs: Head of the Administration and Finance Unit: Art. 15, fractions: IX, X, XXV, XXVI AND XXIX. General Directorate of Real Estate and Material Resources: Art. 48, fractions I, II, III, IV, VI, XV, XVI, XVII, XVIII, XIX, XXI and XXVI.
NOT CONSIDERED AN ADMINISTRATING DEPENDENCY OF REAL ESTATE IN THE GENERAL LAW OF NATIONAL ASSETS, HOWEVER, FOR WHAT CORRESPONDS TO THE TRANSMISSION OF ATTRIBUTES AND FACULTIES OF SICT TO SEMAR, REGARDING THE DECREE PUBLISHED IN THE DOF ON 07/12/2020, IT IS INFORMED THAT THE GENERAL COORDINATION OF PORTS AND MERCHANT MARINE HAS BEEN INTEGRATED INTO THE ORGANIC STRUCTURE OF SEMAR. SEMAR WILL BE CONSIDERED A PERMANENT GUEST AT THE FEDERAL AND PARAESTATAL REAL ESTATE ASSETS COMMITTEE.	Maritime ports.	Constitution of the United Mexican States. Art. 132. Law of Navigation and Maritime Commerce. Organic Law of the Federal Public Administration: Art. 30, fractions V, and V Bis, VI Bis, IX, XII, XII Bis, XII Ter, XIV Bis, XIV Ter. Internal Regulations of the Ministry of the Navy: Arts. 3, fraction II, subsection i), 6, section B, fraction VI, Chapters VIII and IX, and 33.	General Coordination of Ports and Merchant Marine

TRANSITORY

First. - This criterion will enter into force the day after its publication in the Official Gazette of the Federation.

Second. - Criterion 03/2021, issued by the Federal and Paraestatal Real Estate Assets Committee, published in the Official Gazette of the Federation on Friday, August 13, 2021, is hereby repealed.

Mexico City, May 9, 2024.- The President of the Institute of Administration and Appraisal of National Assets and of the Federal and Paraestatal Real Estate Assets Committee, Víctor J. Martínez Bolaños.- Rubric.

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