Declaration Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of the State of Veracruz de Ignacio de la Llave

DOF: 21/03/2024

DECLARATORIA by which it is determined that the real estate that were transferred to the Government of the State of Veracruz de Ignacio de la Llave, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2004 001 dated March 15, 2004, revert to the Federal Estate.

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-005/2024.

DECLARATORIA by which it is determined that the real estate that were transferred to the Government of the State of Veracruz de Ignacio de la Llave, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2004 001 dated March 15, 2004, revert to the Federal Estate.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a Decentralized Administrative Body of the Ministry of Treasury and Public Credit, based on the provisions of articles 1, 2 fraction I, 17, 26, 31 fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2 fractions II and IV, 29 fractions I and XV, 93 second paragraph, 94 second paragraph and 101 fraction IV of the General Law of National Assets; 4 Section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Treasury and Public Credit; 1, 3 fraction X, 4 fraction I, subsection a) and 6 fractions XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets; I deem it appropriate to issue this declaration, taking into account the following:

CONSIDERING

FIRST.- That by Presidential Decree published in the Official Gazette of the Federation on January 28, 1998, the real estate forming part of the federal estate that had been used by the Ministry of Health for the provision of its services to the population in primary care units, hospitals, administrative offices, warehouses and auxiliary services, were de-incorporated from the public domain regime of the Federation, and the then Ministry of Comptroller and Administrative Development was authorized to, on behalf and representation of the Federal Government, donate them to the Government of the State where they are located, so that they could continue to be used for the same purpose.

SECOND.-

That through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2004 001 dated March 15, 2004, registered in the Federal Public Property Registry under Real Folios numbers 78326/1, 10378/2, 10380/2, 10337/2 and 35838/2 dated April 15, 2004, the Federal Government formalized the transfer actions of real estate in favor of the Government of the State of Veracruz de Ignacio de la Llave, granting the free donation of ownership and the transmission of possessory rights of 313 real estate properties, under the commitment to dedicate them to the provision of public health services and related activities.

THIRD.- That on May 29, 2023, the "Decree by which various provisions of the General Health Law are reformed, added and repealed, to regulate the Health System for Wellbeing" was published in the Official Gazette of the Federation, which stated literally as follows:

" ...

Article 7.- ...

For the purposes of what is provided in the previous paragraph, Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) will collaborate with the Ministry of Health regarding the free provision of health services, medicines and other associated supplies required by people without social security, within the framework of the Health System for Wellbeing referred to in Title Third Bis of this Law, for the purposes specified in this Law.

...

Article 18.- ...

The Federation, through the Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) and in accordance with applicable legal provisions, will propose the celebration of coordination agreements with the governments of the federative entities in matters of provision of the services referred to in fractions II and II Bis of article 3 of this Law.

Article 19. The Federation and the governments of the federative entities, in accordance with applicable legal provisions, will contribute the material, human and financial resources necessary for the operation of general health services, which are included in the agreements and coordination agreements celebrated for this purpose, in accordance with the previous article.

...

Article 77 bis 6. Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) and the federative entities may celebrate coordination agreements for the execution of the free provision of health services, medicines and other associated supplies for people without social security.

...

Article 77 bis 35. The decentralized public body Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) is the health institution of the Mexican State responsible for the free provision of health services, medicines and other associated supplies for the comprehensive care of people who do not have affiliation with social security institutions, in the event of concurrence with the federative entities, independent of the health services provided by other public or private institutions.

...

FOURTH.- In order to contribute to the free provision of health services, medicines and other associated supplies required by people without social security, the Government of the State of Veracruz de Ignacio de la Llave celebrated a Coordination Agreement that establishes the form of collaboration in matters of personnel, infrastructure, equipment, medicines and other associated supplies, for the free provision of health services, for people without social security, with the Ministry of Health, the Mexican Social Security Institute, Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) dated August 31, 2023 (Coordination Agreement), having as its object to establish the commitments to which the parties will be subject for the transfer, published on November 24, 2023 in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y TDP.- 2004 001, in its third clause, established, literally, as follows: "IN THE EVENT THAT "THE DONEE" DOES NOT USE THE REAL ESTATE WHOSE OWNSHIP IS DONATED AND POSSESSORY RIGHTS ARE TRANSFERRED TO IT, AND DEDICATES THEM TO A USE DIFFERENT FROM THAT PROVIDED IN THE PRESIDENTIAL DECREE THAT AUTHORIZES THE TRANSFER, AGAINST WHAT IS PROVIDED IN THE FIRST CLAUSE OF THIS CONTRACT, AND WITHOUT THE AUTHORIZATION OF THE MINISTRY OF PUBLIC FUNCTION, OR IF IT CEASES TO USE OR NEED THEM IN A TERM OF TWELVE MONTHS, THE REAL ESTATE WILL TOTAL OR PARTIALLY LEGALLY REVERT, WITH ALL ITS IMPROVEMENTS AND ACCESIONS, TO THE ESTATE OF THE FEDERAL GOVERNMENT, WITHOUT ANY INDemnification FOR THIS CONCEPT. "

SIXTH.- That through letters numbers 97/2023 and 28/2024 dated December 22, 2023 and March 14, 2024, respectively, the Constitutional Governor of the Free and Sovereign State of Veracruz de Ignacio de la Llave, informs that this Federative Entity has determined that the 313 real estate properties attached in annex 1 of this declaration are no longer necessary, since according to the reform to the General Health Law, IMSS-BIENESTAR will plan, organize and direct actions for the free provision of health services, medicines and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

SEVENTH.- That inasmuch as the Government of the State of Veracruz de Ignacio de la Llave will not require the use of the real estate subject of this declaration for the purposes for which they were transferred in the contract described in Consideration Second and in the Decree indicated in Consideration First, the cause for reversion provided in the third clause and article three of the referred instruments, respectively, in concordance with the second paragraph of article 93 of the General Law of National Assets, has been fulfilled.

EIGHTH.- That taking into consideration the statements made by the Government of the State of Veracruz de Ignacio de la Llave, from which its express consent derives, it is appropriate to issue this declaration of reversion, without it being necessary to substantiate the administrative procedure referred to in articles 108 to 112 of the General Law of National Assets, relating to the recovery of ownership and possession of the real estate alienated free of charge, with the full responsibility of the Government of the State of Veracruz de Ignacio de la Llave for the lack of veracity and/or inconsistency of the information provided for the issuance of this Declaration.

Based on article 9 fraction XIV of the Regulations of the Institute of Administration and Appraisal of National Assets, the Legal Unit issued an opinion regarding the appropriateness of this declaration of reversion; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:

DECLARATION

FIRST.- It is declared that of the real estate listed in annex 1 of this declaration, which were transferred through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2004 001 dated March 15, 2004 in favor of the Government of the State of Veracruz de Ignacio de la Llave, they revert to the Federal Estate, for the reasons set forth and founded in the considerations of this instrument, in compliance with the Reform of the General Health Law, published in the Official Gazette of the Federation on May 29, 2023, provided that they are not in the circumstances of the Second, Third, Fourth and Fifth Declarations of this.

SECOND.- The real estate subject of the donation contract described in Consideration Second that are not listed in annex 1 of this are excluded from this declaration of reversion.

THIRD.- The real estate subject of the Deed of Donation and Transmission of Possessory Rights described in Consideration Second, which are in social property, are excluded from this declaration.

FOURTH.- The real estate from which the Federal Government has transmitted Possessory Rights and the Government of the State of Veracruz de Ignacio de la Llave has obtained the title of ownership in its favor are excepted from this declaration of reversion, regarding which that State Government must carry out the corresponding procedures to transmit the ownership in favor of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR).

FIFTH.- In the event that real estate listed in annex 1 do not form part of contract number CD Y TDP.- 2004 001, they will be excluded from this declaration.

SIXTH.- That in the event that there are debts for taxes or contributions and services, regarding the real estate that revert in this declaration, the Government of the State of Veracruz de Ignacio de la Llave is obligated to cover them, releasing the Institute of Administration and Appraisal of National Assets from any responsibility.

SEVENTH.- That the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) has full knowledge of the physical, legal and administrative situation of each of the real estate subject of this reversion, so it commits to materialize its conclusion, since it will begin to use them for the free provision of health services, medicines and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Veracruz de Ignacio de la Llave must integrate the files of the real estate that are reverted in this act.

NINTH.- This declaration constitutes the title of ownership of the Federation regarding the real estate subject of the reversion in question.

TENTH.- This declaration shall be published in the Official Gazette of the Federation and registered in the Federal Public Property Registry and in the Public Property Registry corresponding to the location of the reverted assets.

This declaration of reversion shall take effect the day after its publication in the Official Gazette of the Federation.

Mexico City, on the 14th day of the month of March 2024.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

ANNEX CORRESPONDING TO THE DECLARATION D.R.- 005 /2024

By which it is determined that the real estate that were transferred to the Government of the State of Veracruz de Ignacio de la Llave, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2004 001 dated March 15, 2004, revert to the Federal Estate, which can be consulted at the following electronic addresses:

AVAILABLE CONSULTATION ON THE PAGE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF NATIONAL ASSETS (INDAABIN) https://www.gob.mx/cms/uploads/attachment/file/903666/Listado_inmuebles__313__Veracruz.pdf

AVAILABLE CONSULTATION ON THE PAGE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF) www.dof.gob.mx/2024/SHCP/Declaratoria_Veracruz.pdf

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