Decree Extinguishing the Decentralized Public Agency Financiera Nacional de Desarrollo Agropecuario, Rural, Forestal y Pesquero and Abrogating Its Organic Law — SHCP — MX

DOF: 29/05/2023

DECRETE by which the decentralized public agency known as the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development is extinguished, and its Organic Law is abrogated

A seal with the National Coat of Arms is placed at the margin, which reads: United Mexican States.- Presidency of the Republic.

ANDRÉS MANUEL LÓPEZ OBRADOR, President of the United Mexican States, to its inhabitants know:

That the Honorable Congress of the Union has seen fit to address to me the following

DECRETE

"THE GENERAL CONGRESS OF THE UNITED MEXICAN STATES DECREES:

THE DECENTRALIZED PUBLIC AGENCY KNOWN AS THE NATIONAL FINANCIAL AGENCY FOR AGRICULTURAL, RURAL, FORESTRY AND FISHERIES DEVELOPMENT IS EXTINGUISHED, AND ITS ORGANIC LAW IS ABROGATED

First Article. The decentralized public agency known as the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development is extinguished, which will retain its legal personality exclusively for the purposes of the respective liquidation process, in accordance with the applicable administrative and budgetary provisions.

Second Article. The Ministry of Finance and Public Credit, in its capacity as sector coordinator, through the Development Banking Unit, shall be responsible for the extinction and liquidation process of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development.

Third Article. The Ministry of Finance and Public Credit, in its capacity as sector coordinator, through the Development Banking Unit, within a period of one hundred eighty (180) natural days, counted from the entry into force of this Decree, shall publish the liquidation bases, attending to what is provided in the applicable regulations.

Fourth Article. The liquidation process of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development shall be in charge of the Institute to Return to the People What Was Stolen, who shall act as the sole liquidator of the Federal Government, in accordance with the applicable legal provisions, for which it shall have the broadest powers for acts of administration, ownership, litigation and collection; to subscribe or grant credit titles, as well as to carry out any action that contributes to an efficient liquidation process.

The liquidation process must be carried out in a timely, effective manner and in compliance with the legal provisions governing it, ensuring at all times the adequate protection of the interests of the public.

Fifth Article. The liquidator must comply with the agreements approved by the Board of Directors of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development in the sessions of September 9 and December 15, 2022, regarding the early payment of multilateral credits with the Inter-American Development Bank, as well as to allocate the resources resulting from the recovery of its assets, to cover the liabilities and contingencies that arise from the liquidation itself and the administrative expenses incurred in compliance with its position, in terms of Article 10 of this Decree.

Sixth Article. The Ministry of Finance and Public Credit, the Ministry of the Public Function and the National Banking and Securities Commission, within the scope of their respective competencies, shall supervise that the liquidation procedure is carried out in accordance with the applicable legal provisions.

Seventh Article. The expenditures that, if any, are generated by the entry into force of this Decree, shall be covered from the authorized budget of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development and the Institute to Return to the People What Was Stolen, as applicable, so that no additional financial resources will be authorized in the current fiscal year or in subsequent years.

In this sense, the liquidator must allocate the resources resulting from the recovery of assets of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development, to cover the liabilities and contingencies that arise from the liquidation itself, as well as the administrative expenses incurred in compliance with its position. In the final balance of the liquidation, the detailed destination of all resources indicated in this article must be specified.

The National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development must carry out in favor of the Institute to Return to the People What Was Stolen, the transfer of goods, rights and obligations, which shall be carried out in accordance with the applicable legal provisions.

The transfer of goods and rights referred to in this article shall not be subject to any federal tax, in accordance with Article 2, fraction XIII, of the Federal Law for the Administration and Disposition of Assets of the Public Sector.

Eighth Article. The movable and immovable assets of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development that are being liquidated may be transferred free of charge, according to their nature and best use, to dependencies and entities of the Federal Public Administration, in accordance with the applicable legal provisions.

Ninth Article. The labor rights of the workers, including the corresponding indemnities, of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development, shall be fully respected, in accordance with the applicable labor provisions, through the Institute to Return to the People What Was Stolen as liquidator. For the payment of the aforementioned concepts, the provisions of Article 7 of this Decree shall apply.

Tenth Article. The remaining resources resulting from the conclusion of the liquidation process of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development, shall have the treatment that corresponds, in terms of the applicable provisions.

Eleventh Article. The Ministry of Finance and Public Credit, as sector coordinator, once the liquidation process is concluded, shall inform the corresponding area, so that the List of Parastatal Entities of the Federal Public Administration is updated.

Twelfth Article. The Organic Law of the National Financial Agency for Agricultural, Rural, Forestry and Fisheries Development, published in the Official Gazette of the Federation on December 26, 2002, is abrogated.

Transitory Provisions

First. This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.

Second. All those legal, administrative and regulatory provisions that are contrary to what is established in this Decree are repealed.

Third. For the fulfillment of obligations with retired and pensioned workers of the Banrural System, the same shall continue to be the responsibility of the Banrural System Pension Fund (FOPESIBAN) operated by the Institute to Return to the People What Was Stolen (INDEP) and shall not affect the acquired rights of retired and pensioned persons of the Banrural System by the entry into force of this Decree.

Mexico City, April 28, 2023.- Dip. Santiago Creel Miranda, President.- Sen. Alejandro Armenta Mier, President.- Dip. María del Carmen Pinete Vargas, Secretary.- Sen. Verónica Noemí Camino Farjat, Secretary.- Signatures. "

In compliance with what is provided in fraction I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on May 26, 2023.- Andrés Manuel López Obrador.- Signature.- The Secretary of the Interior, Lic. Adán Augusto López Hernández.- Signature.

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