Decree Reforming the Title Five Denomination and Adding Chapter V to Title Five of the Credit Institutions Law — SHCP — MX

DOF: 11/03/2022

DECRETE by which the denomination of Title Five is reformed and Chapter V is added to Title Five of the Credit Institutions Law

At the margin, a seal with the National Coat of Arms, which says: 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 DENOMINATION OF TITLE FIVE IS REFORMED AND CHAPTER V IS ADDED TO TITLE FIVE

OF THE CREDIT INSTITUTIONS LAW

Sole Article.

The denomination of Title Five is reformed and Chapter V is added to Title Five

denominated "On the Hearing Guarantee of persons included in the list of blocked persons", which

comprises article 116 Bis 2 of the Credit Institutions Law, to read as follows:

TITLE FIVE

On Prohibitions, Administrative Sanctions, Crimes

and on the Hearing Guarantee of the

persons included in the

list of blocked persons

...

CHAPTER V

On the Hearing Guarantee of persons included in the list of blocked persons

Article

116 Bis

2.- For the purposes of the ninth paragraph of article 115 of this Law, the Secretariat,

in the exercise of its attributes, may introduce a person to the list of blocked persons when

it has sufficient indications that it is related to the crimes of financing

terrorism, operations with resources of illicit origin or those associated with the crimes indicated and that

therefore activates any of the parameters referred to in the eleventh paragraph of the same

precept.

Persons who have been included in the list of blocked persons referred to in

article 115 of this Law may assert their rights through the procedure for the inclusion of blocked persons, before the Financial Intelligence Unit, in accordance with the following:

Upon request by the interested party, a hearing will be granted so that, within the term of ten business days,

counted from the day following the day on which the corresponding credit institution had

notified the grounds, cause or causes of their inclusion in the list of blocked persons and

manifest in writing or verbally what is convenient for their interest, offer evidence and formulate

arguments.

The request referred to in the preceding paragraph must be formulated by the interested

party before the Financial Intelligence Unit within a period not exceeding five business days, counted from

the day following the day on which the grounds, cause or causes of their inclusion in

the list of blocked persons were notified.

II.

The Financial Intelligence Unit, ex officio or at the request of a party, may extend in a

well-founded manner for a single occasion the period referred to in the first paragraph of the fraction preceding,

for up to the same period.

III.

After the period for the interested party to present evidence and formulate arguments has elapsed, the Financial Intelligence Unit, within fifteen business days following, counted from when the

file is integrated, will issue the administrative resolution in which it will justify and motivate the

inclusion of the interested party in the list of blocked persons, and whether or not their elimination

from the

same is appropriate.

The administrative resolution referred to in this fraction must be notified by official letter to the

interested party within ten business days following its issuance.

In the event that the interested party is dissatisfied with the content of the resolution referred to in

this fraction, they may challenge it in terms of the Federal Administrative Procedure Law.

IV.

When the inclusion of a person in the list of blocked persons has been due to a

Resolution of the United Nations Security Council, the de-listing process stipulated by the Committee by which the inclusion was designated shall be carried out; for this reason the provisions contained in fractions II and III shall not be applicable.

Transitory

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

the Federation.

Second. The hearing guarantee procedures that the Financial Intelligence Unit is hearing before the entry into force of this Decree shall be resolved in accordance with the provisions of a general nature referred to in article 115 of this Law.

Third. The Secretariat of Finance and Public Credit, within the scope of its competence, must repeal what is provided in the 73rd of the provisions of a general nature referred to in article 115 of this

Law and

incorporate into said provisions the corresponding development of the procedure provided for in article 116

Bis 2 of the Law.

Fourth.

The provisions contained in the Federal Administrative Procedure Law shall apply supplementarily to Chapter V, insofar as they are not provided for in the same.

Mexico City, February 15, 2022.- Sen. Olga Sánchez Cordero Dávila, President.-

Dip.

Sergio Carlos Gutiérrez Luna, President.- Sen. Verónica Delgadillo García, Secretary.- Dip. Jessica

María Guadalupe Ortega De la Cruz, Secretary.- Signatures. "

In compliance with what is established 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 February 24, 2022.- Andrés Manuel López

Obrador.- Signature.-

The Secretary of Governance, Lic. Adán Augusto López Hernández.- Signature.

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