Declaration Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of the State of Baja California — SHCP — MX

DOF: 21/03/2024

DECLARATORIA by which it is determined that the real estate that were transferred to the Government of the State of Baja California, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP, 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.-013/2024.

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; 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 that form part of the federal estate, which had been used by the Ministry of Health for the provision of its services to the population in first-level units, hospitals, administrative offices, warehouses and auxiliary services, were deincorporated 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 would continue to be used for the same purpose.

SECOND.-

That through Deed of Donation and Transmission of Possessory Rights number

CD Y

TDP.- 2004 004 dated August 16, 2004, registered in the Federal Public Property Registry under Real Folio numbers 82715/1, 28762/2, 27571/2, 27450/2, 27451/2, 27452/2, 35014/2, 35013/2, 35015/ 2, 35016/2 and 4700/2 dated October 20, 2004, the Federal Government formalized the actions for the transfer of real estate in favor of the Government of the State of Baja California, granting the gratuitous donation of the property and the transmission of possessory rights of 39 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 verbatim:

" ...

Article 7th.- ...

For the purposes of the foregoing, Health Services of the Mexican Institute of Social Security 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 Institute of Social Security 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 Institute of Social Security 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 Institute of Social Security for Wellbeing (IMSS-BIENESTAR) is the health institution of the Mexican State in charge of 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 case of concurrence with the federative entities, independent of the health services provided by other public or private institutions.

...

FOURTH.- In order to collaborate in the free provision of health services, medicines and other associated supplies required by people without social security, the Government of the State of Baja California 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 Institute of Social Security, Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) dated August 3, 2023 (Coordination Agreement), having as its object to establish the commitments to which the parties will be subject for the transfer, published on September 5, 2023 in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y TDP.- 2004 004, in its third clause, established, verbatim, the following: "In the event that 'THE DONEE' does not use the real estate whose ownership and possession are donated to it, it will dedicate them to a use different from that provided in the presidential decree referred to in declaration I.3, contrary to what is provided in the first clause of this contract or when without prior authorization from the Ministry of Public Function it ceases to use or need them within a term of twelve months, the real estate will revert physically and legally, with all its improvements and accessions, to the estate of the Federal Government."

SIXTH.- That through letters numbers 442/2024, CJ/SCJ/09/2024 and DG/UAJ/1081/2024, dated February 22, 27 and 22, 2024, the Governor of the State of Baja California, the Legal Counselor of the State of Baja California and the Secretary of Health and General Director of the Institute of Public Health Services of the State of Baja California, respectively, inform that that Federative Entity has determined that the 33 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 Baja California will not require using the real estate subject to 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 Baja California, 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 the ownership and possession of the real estate alienated gratuitously, being the full responsibility of the Government of the State of Baja California the lack of veracity and/or inconsistency of the information provided for the issuance of this present 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 deeming the present declaration of reversion appropriate; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:

D E C L A R A T I O N

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 004 dated August 16, 2004 in favor of the Government of the State of Baja California, 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 present.

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

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

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

FIFTH.- In the event that real estate not part of contract number CD Y TDP.- 2004 004 are listed in annex 1, they will be excluded from this present declaration.

SIXTH.- In the event that there are debts for taxes or contributions and services, regarding the real estate that revert in this present declaration, the Government of the State of Baja California undertakes to cover them, releasing the Institute of Administration and Appraisal of National Assets from any responsibility.

SEVENTH.- That the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) has full knowledge of the physical, legal and administrative situation of each of the real estate subject to this present reversion, therefore 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 Baja California must integrate the files of the real estate that are reverted in this act.

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

TENTH.- Publish this present declaration in the Official Gazette of the Federation and register it in the Federal Public Property Registry and in the Public Property Registry corresponding to the location of the reverted assets.

This declaration of reversion will take effect the day following 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.- 013 /2024

By which it is determined that the real estate that were transferred to the Government of the State of Baja California, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2004 004 dated August 16, 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/903646/Listado_inmuebles__33__Baja_California.pdf

AVAILABLE CONSULTATION ON THE PAGE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF)

www.dof.gob.mx/2024/SHCP/Declaratoria_ BajaCalifornia .pdf

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