Declaration Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of the State of Sonora

DOF: 21/03/2024

DECLARATION by which it is determined that the real estate that were transferred to the Government of the State of Sonora, through Donation and Cession of Possessory Rights Contract number CD Y CDP, revert to the Federal Estate.

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-004/2024.

DECLARATION by which it is determined that the real estate that were transferred to the Government of the State of Sonora, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 002, dated April 25, 2002, 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; deem it appropriate to issue this declaration, taking into account the following:

CONSIDERATIONS

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 primary care units, hospitals, administrative offices, warehouses, and auxiliary services, were declassified from the public domain regime of the Federation, and the then Ministry of Comptrollership and Administrative Development was authorized to donate them on behalf and in representation of the Federal Government 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 Donation and Cession of Possessory Rights Contract number CD Y

CDP.- 2002 002, dated April 25, 2002, registered in the Federal Property Registry under Real Folio number 64553, dated August 13, 2002, the Federal Government formalized the actions of transfer of real estate in favor of the Government of the State of Sonora, granting the free donation of the property and the Cession of Possessory Rights of 288 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 7.- ...

For the purposes of the preceding paragraph, 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, medications, 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 regarding the provision of 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, medications, 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 responsible for the free provision of health services, medications, 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 contribute to the free provision of health services, medications

and other associated supplies required by people without social security, the Government of the State

of Sonora celebrated a Coordination Agreement that establishes the form of collaboration in matters of personnel,

infrastructure, equipment, medications, 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 June 20, 2023 (Coordination Agreement), having as its object to establish the

commitments to which the parties will be subject for the transfer, published on August 28, 2023 in the

Official Gazette of the Federation.

FIFTH.

That contract number CD Y CDP.- 2002 002, 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

PRESCRIBED IN THE PRESIDENTIAL DECREE, AGAINST WHAT IS PROVIDED IN THE FIRST CLAUSE OF

THIS CONTRACT OR WHEN WITHOUT THE PRIOR AUTHORIZATION OF THE MINISTRY OF COMPTROLLERSHIP

AND ADMINISTRATIVE DEVELOPMENT IT CEASES TO USE OR NEED THEM IN A TERM OF

TWELVE MONTHS, THE REAL ESTATE WILL TOTAL OR PARTIALLY REVERT IN FACT, PHYSICALLY AND

LEGALLY, WITH ALL ITS IMPROVEMENTS AND ACCESIONS, TO THE ESTATE OF THE FEDERAL

GOVERNMENT."

SIXTH.- That through official letter number 03.01-1-010/2024 dated January 15, 2024, the Constitutional Governor of the State of Sonora informed that this Federative Entity has determined that the 112

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, medications, and other associated supplies, in the Federative

Entities that have celebrated a Coordination Agreement.

SEVENTH.- That inasmuch as the Government of the State of Sonora 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 for in the third clause and Article 3 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

Sonora, 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, regarding the recovery of the ownership and possession of the

real estate alienated free of charge, being the full responsibility of the Government of the State of Sonora 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 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 Donation and Cession of Possessory Rights Contract number

CD Y CDP.-

2002 002, dated April 25, 2002, in favor of the Government of the State of Sonora, they revert to the estate of

the Federation, for the reasons stated 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 Declarations Second, Third, Fourth, and Fifth of the

present.

SECOND.- The real estate subject to the donation contract described in

Consideration Second that are not listed in annex 1 of this declaration are excluded from this declaration of reversion.

THIRD.- The real estate subject to the Donation and Cession of Possessory Rights Contract described in

Consideration Second, which are in social ownership, are excluded from this declaration.

FOURTH.- The real estate from which the Federal Government has ceded Possessory Rights and the Government

of the State of Sonora 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 transfer the ownership in favor of the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR).

FIFTH.- In the event that real estate listed in annex 1 do not form part of contract

number CD Y CDP.- 2002 002, they will be excluded from this declaration.

SIXTH.- 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

Sonora 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 the present

reversion, and therefore commits to materializing its conclusion, since it will begin to use them for

the free provision of health services, medications, and other associated supplies, in the Federative

Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Sonora 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 to the reversion in question.

TENTH.- Publish this declaration in the Official Gazette of the Federation and register it in the

Federal 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 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.- 004 /2024

By which it is determined that the real estate that were transferred to the Government of the State of Sonora, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 002, dated April 25, 2002, which can be consulted at the following electronic addresses:

CONSULTATION AVAILABLE ON THE WEBSITE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF NATIONAL ASSETS (INDAABIN)

https://www.gob.mx/cms/uploads/attachment/file/903656/Listado_inmuebles__112__Sonora.pdf

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

www.dof.gob.mx/2024/SHCP/Declaratoria_Sonora.pdf

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