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

DOF: 21/03/2024

DECLARATORY determining that the real estate transferred to the Government of the State of Tlaxcala via Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2001 003 of date August 24, 2001, revert to the Federal Estate.

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

Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-017/2024.

DECLARATORY determining that the real estate transferred to the Government of the State of Tlaxcala via Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2001 003 of date August 24, 2001, 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 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 to provide 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 via Donation and Cession of Possessory Rights Contract number CD Y

CDP.-

2001 003 of date August 24, 2001, registered in the Federal Property Registry under Real Folio number 48774/1 of date January 29, 2002, the Federal Government formalized the actions of transfer of real estate in favor of the Government of the State of Tlaxcala, granting possessory rights as owner of 136 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 Tlaxcala 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 28, 2023 in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y CDP.- 2001 003, 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, DEDICATES THEM TO A USE DIFFERENT FROM THAT PROVIDED IN THE PRESIDENTIAL DECREE (ANNEX NO. 1), AGAINST WHAT IS ESTABLISHED IN THE FIRST CLAUSE OF THIS CONTRACT, OR WHEN WITHOUT PRIOR AUTHORIZATION FROM THE MINISTRY OF COMPTROLLER AND ADMINISTRATIVE DEVELOPMENT IT CEASES TO USE OR NEED THEM IN A TERM OF TWELVE MONTHS, THE REAL ESTATE WILL REVERT PHYSICALLY AND LEGALLY, WITH ALL ITS IMPROVEMENTS AND ACCESIONS, TO THE ESTATE OF THE FEDERAL GOVERNMENT."

SIXTH.- That via letters numbers DESPACHO/G/005/24 of date January 15, 2024 and

DESPACHO/G/028/24 of date March 08, 2024, the Governor of the State of Tlaxcala informs that this Federative Entity has determined that the 87 real estate properties added in annex 1 of this declaratory 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 Tlaxcala will not require using the real estate subject of 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 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 Tlaxcala, 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, regarding the recovery of ownership and possession of the real estate alienated gratuitously, being the full responsibility of the Government of the State of Tlaxcala the lack of truthfulness and/or inconsistency of the information provided for the issuance of this 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:

DECLARATORY

FIRST.- It is declared that of the real estate listed in annex 1 of this declaratory, which were transferred via Donation and Cession of Possessory Rights Contract number

CD Y CDP.-

2001 003 of date August 24, 2001 in favor of the Government of the State of Tlaxcala, they revert to the Federal Estate, 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, 2023, provided that they are not in the circumstances of the Second, Third, Fourth, and Fifth Declaratories of this one.

SECOND.- The real estate subject of the donation contract described in Consideration Second

that are not listed in annex 1 of this one are excluded from this reversion declaratory.

THIRD.- The real estate subject of the Donation and Cession of Possessory Rights Contract described in Consideration Second, that are in social property, are excluded from this declaratory.

FOURTH.- The real estate from which the Federal Government has ceded Possessory Rights and the Government of the State of Tlaxcala 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 not part of contract number CD Y CDP.- 2001 003 are listed in annex 1, they will be excluded from this declaratory.

SIXTH.- In the event that there are debts for taxes or contributions and services, regarding the real estate that revert in this declaratory, the Government of the State of Tlaxcala 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 of this reversion, therefore it 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 Tlaxcala 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 of the reversion in question.

TENTH.- Publish this declaratory 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 properties.

This reversion declaratory 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 DECLARATORY D.R.- 017 /2024

Determining that the real estate transferred to the Government of the State of Tlaxcala via Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2001 003 of date August 24, 2001, 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/903667/Listado_inmuebles__87__Tlaxcala.pdf

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

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

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