Declaratory Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of the State of Sinaloa

DOF: 21/03/2024

DECLARATORY determining that the real estate that was transferred to the Government of the State of Sinaloa, through Donation and Transmission of Possessory Rights Contract number CD Y TDP, reverts to the Federal Estate.

A seal bearing the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-018/2024.

DECLARATORY determining that the real estate that was transferred to the Government of the State of Sinaloa, through Donation and Transmission of Possessory Rights Contract number CD Y TDP.- 2006 001 dated February 2, 2006, reverts 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 declaratory, 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 forming 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, was deincorporated from the public domain regime of the Federation, and the then Ministry of Comptroller 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 Transmission of Possessory Rights Contract number

CD Y

TDP.- 2006 001 dated February 2, 2006, registered in the Federal Public Property Registry under Real Folio number 89974/1 dated June 5, 2006, the Federal Government formalized the actions of transfer of real estate in favor of the Government of the State of Sinaloa, granting ownership and possessory rights as owner of 174 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 reforming, adding and repealing various provisions of the General Health Law 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, 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 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, 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 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 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, medicines

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

Sinaloa 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 and 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 25, 2023 in the

Official Gazette of the Federation.

FIFTH.

That contract number CD Y TDP.- 2006 001, 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, THEY WILL BE DESTINED TO A USE DIFFERENT FROM THAT

PRESCRIBED IN THE PRESIDENTIAL DECREE REFERRED TO IN DECLARATION I.3, AGAINST WHAT IS

ESTABLISHED IN CLAUSE FIRST OF THIS CONTRACT OR WHEN WITHOUT PRIOR

AUTHORIZATION FROM THE MINISTRY OF PUBLIC FUNCTION THEY CEASE TO USE OR

NEED THEM FOR A PERIOD OF TWELVE MONTHS, THE REAL ESTATE WILL TOTAL OR PARTIALLY

REVERT PHYSICALLY AND LEGALLY, WITH ALL ITS IMPROVEMENTS AND ACCESIONS, TO THE ESTATE

OF THE FEDERAL GOVERNMENT."

SIXTH.- That through official letter number SS/DS/0221/2024 dated March 14, 2024, the Secretary of

Health and General Director of the Health Services of Sinaloa, informs that this Federative Entity has determined that the 174 real estate properties added in annex 1 of this declaratory are no longer necessary for it, 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 in view of the fact that the Government of the State of Sinaloa will not require using the real estate

subject to this declaratory 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 clause third and article third, of the instruments referred to, respectively,

in concordance with the second paragraph of article 93 of the General Law of National Assets, has been met.

EIGHTH.- That taking into consideration the statements made by the Government of the State of

Sinaloa, from which its express consent derives, it is appropriate to issue this declaratory 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 Sinaloa for the

lack of truthfulness and/or inconsistency of the information provided for the issuance of the present

Declaratory.

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 declaratory 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 O R Y

FIRST.- It is declared that of the real estate listed in annex 1 of this declaratory, which

were transferred through Donation and Transmission of Possessory Rights Contract number

CD Y

TDP.- 2006 001 dated February 2, 2006 in favor of the Government of the State of Sinaloa, they revert to the

estate of the Federation, for the reasons and grounds set forth 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

of 2023, provided that they are not in the circumstances of the Second, Third, Fourth and

Fifth Declaratories of the present.

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

Consideration Second that are not listed in annex 1 of the present are excluded from this reversion declaratory.

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

Consideration Second that are in social ownership are excluded from this declaratory.

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

of the State of Sinaloa has obtained the title of ownership in its favor are excepted from this reversion declaratory, 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 listed in annex 1 do not form part of contract

number CD Y TDP.- 2006 001, they will be excluded from this declaratory.

SIXTH.- That in the event that there are outstanding debts for taxes or contributions and

services, regarding the real estate that revert in this declaratory, the Government of the State of

Sinaloa 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, medicines and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Sinaloa must integrate the files of the real estate that are

reverted in this act.

NINTH.- This declaratory constitutes the title of ownership of the Federation regarding the

real estate subject to the reversion in question.

TENTH.- Publish this declaratory 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 reversion declaratory 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 DECLARATORY D.R.- 018 /2024

Determining that the real estate that was transferred to the Government of the State of Sinaloa, through Donation and Transmission of Possessory Rights Contract number CD Y TDP.- 2006 001 dated February 2, 2006, reverts to the Federal Estate, which can be consulted at the following electronic addresses:

AVAILABLE CONSULTATION ON THE WEBSITE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF

NATIONAL ASSETS (INDAABIN)

https://www.gob.mx/cms/uploads/attachment/file/903658/Listado_inmuebles__174__Sinaloa.pdf

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

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

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