Decree Reforming Various Provisions of the General Law of National Assets — SHCP — MX

Official Gazette: May 3, 2023

DECREE Reforming Various Provisions of the General Law of National Assets

In the margin a seal with the National Shield, 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 served to direct to me the following

DECREE

" THE GENERAL CONGRESS OF THE UNITED MEXICAN STATES, DECREES:

VARIOUS PROVISIONS OF THE GENERAL LAW OF NATIONAL ASSETS ARE REFORMED

Single Article. Articles 2, Sections II and IX; 27, first paragraph; 33, third paragraph; 50, third, Section III, fifth and sixth paragraphs; 54 Bis, first paragraph; 84, sixth paragraph; 85, third paragraph, Section I; 104, first paragraph, and 118 of the General Law of National Assets are reformed, to read as follows:

ARTICLE 2.-

...

I.- ...

II.- Real estate administrative dependencies: the Secretariat and the Secretariats of the Interior; Environment and Natural Resources; Infrastructure, Communications and Transport; Culture, and Agrarian, Territorial and Urban Development, which, in relation to the federal real estate of their competence, shall exercise the powers that this Law and other laws confer upon them. The dependencies that have federal real estate allocated to their service shall not be considered as real estate administrative dependencies;

III.- to VIII.-

...

IX.- Secretariat: the Secretariat of Finance and Public Credit.

ARTICLE 27.- For the operation of the Federal and Parastatal Real Estate Administration System, a Federal and Parastatal Real Estate Assets Committee is established, which shall be integrated with the real estate administrative dependencies and the five entities that have the greatest number of real estate properties within their assets, whose heads shall designate the corresponding representative. The Committee shall be presided over by the Secretariat and shall operate in accordance with the norms that it issues for its organization and functioning.

...

I.- to IV.- ...

...

ARTICLE 33.- ...

...

I.- and II.- ...

The Secretariat shall establish the bases for the operation of the Fund.

ARTICLE 50.-

...

I.- and II.- ...

III.- Have budget availability and the investment authorization that, where applicable, the Secretariat issues, prior to the execution of the corresponding contract;

IV.- to VI.-

...

The Secretariat shall issue guidelines on the leasing of real estate, to establish, among other aspects, the contracting procedure, the valuation of rents, the form and terms in which payment thereof must be made and the works, improvements, adaptations and installations of special equipment that may be carried out on the properties, as well as the procedures to vacate them or continue their occupation.

The dependencies or the administrative units of the Presidency of the Republic may enter into, as lessees, financial leasing contracts with purchase option. The exercise of this option shall be mandatory, unless in the opinion of the Secretariat it is not favorable to the interests of the Federation. For the execution of these contracts, applicable budgetary provisions must be observed and prior authorization from the Secretariat obtained.

ARTICLE 54 Bis.- For the purpose of determining the value of the real estate properties with respect to which the dependencies and entities intend to acquire ownership by any means, said dependencies and entities may request the corresponding appraisals from the Secretariat, from credit institutions or from public brokers.

...

ARTICLE 84.-

...

I.- to XV.-

...

The income obtained from the sale of federal real estate properties must be concentrated in the Treasury of the Federation. The contributions and other expenses that the Secretariat covers to effect the sale of the federal real estate properties, shall be charged to the proceeds of the sale. To recover said expenses, the Secretariat shall carry out the corresponding budgetary procedures, in accordance with the provisions in budgetary and fiscal matters that are applicable.

...

ARTICLE 85.- ...

...

I.- Hold a second public bid, establishing as the legal bid ninety-five percent of the base value. If the property is not sold, a third public bid shall be held, establishing as the legal bid ninety percent of the base value;

II.- and III.- ...

...

ARTICLE 104.- The Secretariat shall intervene in the terms of the Public Works and Related Services Law and of the Federal Budget and Fiscal Responsibility Law, according to its competence in the matter, when construction, reconstruction, modification, adaptation, conservation and maintenance works of federal real estate properties are required to be executed, as well as for the optimal use of spaces.

...

ARTICLE 118.- The properties owned by decentralized organizations, except those that by constitutional provision are inalienable, may only be encumbered with express authorization of the Federal Executive, which shall be issued through the Secretariat when in its opinion, it is convenient for the better financing of the works or services in charge of the decentralized organization in question.

Transitory Articles

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

Second. Those provisions that oppose what is provided in this Decree are repealed.

Third. The expenditures generated due to the entry into force of this Decree shall be made charged to the resources expressly approved for those purposes by the Chamber of Deputies in the respective expenditure budgets of the corresponding expense executors, so that in no case shall expansions to their expenditure budgets be authorized for the present fiscal year.

Fourth. Matters pending resolution at the entry into force of this Decree must be concluded and executed in accordance with the legislation in force at the time of its initiation.

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

In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, on May 3, 2023.- Andrés Manuel López Obrador.- Signature.- The Secretary of the Interior, Attorney Adán Augusto López Hernández.- Signature.

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