2020-07-24 | DOF 5597257Added
These provisions mandate that federal public administration dependencies, entities, and state productive enterprises incorporate their accounts payable into the Productive Chains Program of Nacional Financiera, S.N.C. to facilitate financing for suppliers and contractors. The document establishes specific procedures for registration, including strict deadlines for invoice receipt and account verification, and defines the legal framework for the cession of credit rights through factoring or electronic discounting. It also outlines confidentiality requirements, applicable exceptions to the program, and the operational mechanics for financial intermediaries participating in the system.
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DOF: 24/07/2020
GENERAL PROVISIONS TO WHICH THE DEPENDENCIES AND ENTITIES OF THE FEDERAL PUBLIC ADMINISTRATION, AS WELL AS THE STATE PRODUCTIVE ENTERPRISES, MUST SUBMIT THEMSELVES, FOR THEIR INCORPORATION INTO THE PRODUCTIVE CHAINS PROGRAM OF NACIONAL FINANCIERA, S.N.C., DEVELOPMENT BANK INSTITUTION.
At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- Ministry of Finance and Public Credit.- Ministry of the Public Function.
Arturo Herrera Gutiérrez, Secretary of Finance and Public Credit, and Irma Eréndira Sandoval Ballesteros, Secretary of the Public Function, under the authority of articles 31 and 37 of the Organic Law of the Federal Public Administration; 3 of the Federal Budget and Fiscal Responsibility Law; 16 of the Decree of Expenditure Budget of the Federation for the Fiscal Exercise 2020; 4 of the Internal Regulation of the Ministry of Finance and Public Credit, and 11 and 12, fraction VI of the Internal Regulation of the Ministry of the Public Function, and
CONSIDERING
That the Productive Chains Program of Nacional Financiera, National Credit Society, Development Bank Institution, constitutes a support instrument for the promotion of micro, small, and medium-sized enterprises, by facilitating their access to financing, technical assistance, training, and information that they require, and additionally, it is a support mechanism so that suppliers or contractors of the Federal Public Administration, in general, can have access to the benefits offered by said program;
That on December 11, 2019, the Expenditure Budget of the Federation for the Fiscal Exercise 2020 was published in the Official Gazette of the Federation, which establishes in article 16 that to achieve greater transparency in public contracting, promote economic reactivation, and strengthen productive chains, the dependencies and entities that carry out acquisitions of goods and contracting of services or public works, will be subject to the Productive Chains Program of Nacional Financiera, S.N.C., in order to register the accounts payable to their suppliers or contractors in the same, adhering to the general provisions applicable to said Program; likewise, regarding state productive enterprises, these may incorporate into the Productive Chains Program, with the objective that their suppliers and contractors are benefited by this Program.
For the above stated and founded, the following are issued:
GENERAL PROVISIONS TO WHICH THE DEPENDENCIES AND ENTITIES OF THE FEDERAL PUBLIC ADMINISTRATION, AS WELL AS THE STATE PRODUCTIVE ENTERPRISES, MUST SUBMIT THEMSELVES, FOR THEIR INCORPORATION INTO THE PRODUCTIVE CHAINS PROGRAM OF NACIONAL FINANCIERA, S.N.C., DEVELOPMENT BANK INSTITUTION.
Object
Definitions
I. Productive Chains: the products and services through the Internet system developed and administered by Nacional Financiera, S.N.C., Development Bank Institution, to, among other aspects, register the accounts payable of the dependencies and entities of the Federal Public Administration, as well as of the State Productive Enterprises, consult information, exchange data, send data messages, and carry out financial operations;
II. Chains Agreement: the legal instrument to be entered into by the dependencies and entities of the Federal Public Administration, as well as by the State Productive Enterprises, with Nacional Financiera, S.N.C., Development Bank Institution, for their incorporation and operation in Productive Chains;
III. CLC: certified liquidation account;
IV. Accounts Payable: the collection rights in favor of the suppliers or contractors of the dependencies or entities of the Federal Public Administration and of the State Productive Enterprises;
V. Dependencies: those referred to in article 2 of the Organic Law of the Federal Public Administration, including their decentralized administrative bodies, the Presidency of the Republic, the Attorney General's Office of the Republic, and the administrative tribunals;
VI. Supporting Documentation: the documents that demonstrate the delivery of the corresponding sums of money, in terms of article 66, fraction III, of the Regulation of the Federal Budget and Fiscal Responsibility Law;
VII. Justifying Documentation: the provisions and legal documents that determine the obligation to make a payment in terms of article 66, fraction III, of the Regulation of the Federal Budget and Fiscal Responsibility Law;
VIII. Entities: those referred to in article 3 of the Organic Law of the Federal Public Administration;
IX. State Productive Enterprises: those referred to in article 25 of the Political Constitution of the United Mexican States.
X. Factoring or Electronic Discounting: the act by which a financial intermediary acquires ownership of the Accounts Payable in Productive Chains;
XI. Public Function: the Ministry of the Public Function;
XII. Financial Intermediary: the banking or non-banking institutions, which can carry out Factoring or Electronic Discounting operations in Productive Chains;
XIII. LAASSP: the Law of Acquisitions, Leases, and Services of the Public Sector;
XIV. LOPSRM: the Law of Public Works and Related Services;
XV. NAFIN: Nacional Financiera, S.N.C., Development Bank Institution;
XVI. Suppliers or Contractors: natural and legal persons who have celebrated or celebrate orders or contracts for acquisitions or leases of movable goods, public works, or services with Dependencies, Entities, or State Productive Enterprises;
XVII. Regulation: the Regulation of the Federal Budget and Fiscal Responsibility Law;
XVIII. Ministry: the Ministry of Finance and Public Credit, and
XIX. SIAFF: the Federal Financial Administration System.
Administrative scope of application
These provisions are applicable to the Dependencies, Entities, and State Productive Enterprises that make expenditures charged to chapters 2000, 3000, 5000, and 6000 of the Object of Expenditure Classifier for the Federal Public Administration.
The incorporation into Productive Chains is exempted for the Accounts Payable of the Dependencies or Entities, or the State Productive Enterprises related to:
I. Payments that are made during the process of disincorporation of the Entities, as well as their assets susceptible of being used as economic units for productive purposes;
II. Cash payments or of an urgent nature that are made through the authorized commissioner in terms of the applicable provisions;
III. Payments that are made through the debt compensation system in terms of the applicable provisions;
IV. Payments between the subsidiary productive enterprises of Petróleos Mexicanos;
V. Payments to Suppliers or Contractors residing abroad who do not have a permanent establishment in the national territory;
VI. Collection rights of Suppliers or Contractors affected by a resolution of a competent judicial or administrative authority;
VII. Payments that are made through revolving funds in terms of the applicable provisions;
VIII. Payments for the concept of public and national security expenses in terms of the applicable provisions;
IX. Payments that are made under the cover of an appropriation agreement;
X. Payments that are made through an irrevocable commercial letter of credit;
XI. Payments that are made for the concept of consideration to social witnesses that participate in public bidding procedures, in terms of the applicable provisions, and
XII. Those others that are related in Annex 1 of these provisions.
Incorporation into Productive Chains
I. Have signed with NAFIN the Chains Agreement, adhering to the model that said institution disseminates for such effect, in which the terms and conditions by which they will incorporate and operate in Productive Chains will be established. In the case of having a valid Chains Agreement, it will not be necessary to resubscribe it, only it will be necessary to update the legal and operational information as appropriate. Once the Chains Agreements are signed, NAFIN in coordination with the Dependencies, Entities, and State Productive Enterprises must make it known to the Suppliers or Contractors, to promote their adherence to Productive Chains, exposing to them the benefits they would obtain through the cession of their Accounts Payable. Likewise, the Dependencies, Entities, and State Productive Enterprises will deliver to the Suppliers and Contractors the information relative to the Productive Chains Program that NAFIN provides them, as well as the application for affiliation to the same. This information must be accompanied by the call for public bidding, or that which is formulated in the procedures of invitation to at least three persons, or to the quotation requests for the cases of direct award;
II. Promote in coordination with NAFIN the invitation to the Financial Intermediaries and give facilities to these to participate in Productive Chains, which would incorporate through the mechanism determined by NAFIN;
III. The Dependencies, Entities, and State Productive Enterprises must send to NAFIN the name or corporate name of the Supplier or Contractor; Federal Taxpayer Registry; Supplier or Contractor number; address; telephone number, electronic mail, and name of a legal representative;
IV. Request from NAFIN the access keys and passwords for the personnel that they designate, in order to carry out the registration and consultation operations of the Accounts Payable, and
V. Receive from NAFIN the training and advice to carry out operations in Productive Chains.
Confidentiality
Procedure to register the Accounts Payable and operate Productive Chains
The Dependencies, Entities, and State Productive Enterprises must register in Productive Chains the entirety of their Accounts Payable, without prejudice to what is provided in numeral 4 above.
The mechanics to carry out operations in Productive Chains will be the following:
I. The Chief Accountants and/or the Heads of the Administrative and Finance Units or their equivalents or, in their case, the delegations or equivalents of the Dependencies, Entities, and State Productive Enterprises, will be responsible for ensuring that the Accounts Payable that are going to be registered in Productive Chains indicate, among others, the beneficiary, the amount, the date of receipt of the good or service in question, and the date of its payment, as well as the UUID (formerly fiscal folio), having to consider, additionally, rule 2.7.1.35 "Issuance of CFDI for payments made" of the current Fiscal Miscellany Resolution issued by the Tax Administration Service.
II. Regarding acquisitions and leases of movable goods, as well as services, the Dependencies, Entities, and State Productive Enterprises will establish the maximum term that must elapse between the receipt of the good or service in question and the obtaining of the corresponding invoices, which will not exceed 30 natural days. The foregoing, unless due to the nature of the contracted goods or services it is not feasible, in terms of the internal policies of the Dependencies, Entities, and State Productive Enterprises themselves. Once the invoice or analogous document is received, the Dependencies or Entities and State Productive Enterprises will have a maximum term of 5 natural days to carry out the review, authorization, and registration in Productive Chains. This term will be included in the 20 natural days provided in article 51, first paragraph, of the LAASSP. For the case of the State Productive Enterprises, they will establish their payment terms according to their needs, where at least it is registered in Productive Chains with 15 natural days prior to the payment date. The registered Accounts Payable must be valid and with a minimum term of 15 natural days so that the supplier or contractor can anticipate the collection of their documents.
III. Regarding estimates for works executed in public works or services related to the same, the Dependencies, Entities, and State Productive Enterprises will establish the maximum term that must elapse between the receipt of the works and services in question and the obtaining of the corresponding invoices, which will not exceed 30 natural days. The foregoing, unless due to the nature of the contracted works and services it is not feasible in terms of the internal policies of the Dependencies, Entities, and State Productive Enterprises themselves. Once the invoice or analogous document is received, the Dependencies, Entities, and State Productive Enterprises will have a maximum term of 5 natural days, to carry out the review, authorization, and registration in Productive Chains. This term will be included in the 20 natural days provided in article 54, second paragraph, of the LOPSRM. For the case of the State Productive Enterprises, they will establish their payment terms according to their needs, where at least it is registered in Productive Chains with 15 natural days prior to the payment date. The registered Accounts Payable must be valid and with a minimum term of 15 natural days so that the supplier or contractor can anticipate the collection of their documents.
Cession of rights
Term and conditions to carry out Factoring or Electronic Discounting operations in Productive Chains
According to Productive Chains, the Factoring or Electronic Discounting operations will be available from the registration of the Account Payable until 5 natural days prior to the payment maturity date, to the effect that the Dependency, Entity, and State Productive Enterprise, is in the possibility of carrying out the actions referred to in numeral 17 of these provisions.
The terms indicated for the operations in Productive Chains will be understood as maximum, without prejudice to those provided in the payment policies that the Dependencies, Entities, and State Productive Enterprises have established.
NAFIN will promote the participation of the largest number of Financial Intermediaries fostering healthy competition, to promote better financial conditions in the Factoring or Electronic Discounting operations.
Procedure applicable to the Accounts Payable ceded by the Suppliers or Contractors in favor of Financial Intermediaries through Factoring or Electronic Discounting in Productive Chains
I. Negotiation date;
II. Name and data of the Financial Intermediary;
III. Amount and currency;
IV. Maturity date.
NAFIN will update the notification notices of the Accounts Payable ceded through Factoring or Electronic Discounting, so that the Dependencies, Entities, and State Productive Enterprises, consult the status they hold, prior to the issuance of the payment document in Productive Chains, to avoid duplication in payments.
The Dependencies, Entities, and State Productive Enterprises must consult in Productive Chains the notification notices, which can be printed or saved in an electronic medium to integrate them into the Justifying and Supporting Documentation that backs up the cession of the collection rights of the Supplier or Contractor in favor of the Financial Intermediary.
Regarding the Dependencies, the notice referred to in the previous numeral will serve as support for the elaboration of the CLC or corresponding payment document. The Chief Accountants and/or the Heads of the Administrative and Finance Units or their equivalents, through the General Directorate of Programming, Organization, and Budget or its equivalent or, in their case, the delegations or equivalents, will register in the Beneficiaries and Bank Accounts Catalog of the SIAFF the bank account number that has been provided by the Financial Intermediary through the mechanism determined by NAFIN, for the purposes of the corresponding deposit. The CLC or the payment document in favor of the Financial Intermediary must be elaborated in terms of the applicable regulations and in a timely manner, to comply with the payment maturity date. In the "REFERENCE" section of the CLC, the legend "Productive Chains Program" will be included.
In the case of the Entities and State Productive Enterprises, the notification notice will serve as support for the elaboration of the respective payment document. The corresponding administrative unit will register the bank account number that has been provided by the Financial Intermediary through the mechanism
determined
by
NAFIN,
for
the
purpose
of
the
corresponding deposit.
The
payment document
in
favor
of
the
Financial
Intermediary
must
be
prepared
in
accordance
with
applicable
regulations
and
timely,
to
meet
the
payment
due
date.
Procedure
Applicable
to
Accounts
Payable
Not
Assigned
in
Productive
Chains
In
the
event
that
Accounts
Payable
registered
in
Productive
Chains
have
not
been
assigned
by
Suppliers
or
Contractors
within
the
timeframes
set
forth
in
Section
11
of
these
provisions,
the
Dependencies,
Entities,
and
State-Owned
Enterprises
shall
make
payment
through
the
issuance
of
the
CLC
or
payment
document,
as
applicable,
in
accordance
with
applicable
regulations.
Justificatory
and
Supporting
Documentation
The
Comptroller's
Offices
and/or
the
Administrative
and
Finance
Units
or
their
equivalents,
or
in
their
case,
the
delegations
or
equivalents
of
the
Dependencies,
Entities,
and
State-Owned
Enterprises,
must
ensure
the
integrity
and
truthfulness
of
the
information
registered
in
Productive
Chains
and
preserve
and
safeguard
in
the
accounting
file
of
the
corresponding
audit,
in
addition
to
that
provided
for
in
Article
66
of
the
Regulation,
the
following
documentation:
I.
For
the
first
and
only
time,
a
copy
of
the
Chains
Agreement
and
document
providing
for
the
entry
of
Financial
Intermediaries
into
Productive
Chains,
and
II.
For
Factoring
or
Electronic
Discount
operations,
the
printout
or
digital
file
of
the
notification
advisories
that
verify
the
assignment
of
Accounts
Payable
in
favor
of
the
Financial
Intermediary.
Follow-up
NAFIN
will
report
to
the
Secretariat
quarterly
on
the
progress
achieved
in
the
incorporation
of
the
Dependencies,
Entities,
and
State-Owned
Enterprises
into
Productive
Chains.
For
the
purposes
of
the
foregoing,
it
will
report
aggregated
information
in
accordance
with
the
progress
achieved
under
the
following
terms:
I.
The
percentage
of
Suppliers
or
Contractors
using
Productive
Chains:
a)
Number
of
Suppliers
or
Contractors
incorporated /
number
of
Suppliers
or
Contractors
of
the
Dependencies,
Entities,
and
State-Owned
Enterprises;
b)
Number
of
operations
conducted
in
Productive
Chains /
number
of
Accounts
Payable
registered
in
Productive
Chains
by
the
Dependencies,
Entities,
and
State-Owned
Enterprises
eligible
for
Factoring
or
Electronic
Discount;
c)
Total
amount
of
Factoring
or
Electronic
Discount
in
Productive
Chains /
amount
of
Accounts
Payable
eligible
for
Factoring
or
Electronic
Discount,
conducted
in
the
applicable
line
items
by
the
Dependencies,
Entities,
and
State-Owned
Enterprises,
registered
in
Productive
Chains.
II.
The
participation
of
the
Dependencies,
Entities,
and
State-Owned
Enterprises
in
Productive
Chains:
a)
Number
of
Dependencies,
Entities,
and
State-Owned
Enterprises
operating
in
Productive
Chains /
total
number
of
Dependencies,
Entities,
and
State-Owned
Enterprises;
b)
Number
of
operations
of
the
Dependencies,
Entities,
and
State-Owned
Enterprises /
total
number
of
operations
conducted
in
Productive
Chains;
c)
Total
amount
of
Factoring
or
Electronic
Discount
of
the
Dependencies,
Entities,
and
State-Owned
Enterprises /
total
amount
of
Factoring
or
Electronic
Discount
conducted
in
Productive
Chains;
d)
Cost
of
financing.
The
report
will
contain
NAFIN's
self-assessment
of
the
performance
of
Productive
Chains,
the
benefits
generated
for
Suppliers
or
Contractors,
and
the
contribution
towards
administrative
efficiency
of
the
Dependencies,
Entities,
and
State-Owned
Enterprises.
Verification
It
falls
to
the
Internal
Control
Body
or
its
equivalent
of
each
Dependency,
Entity,
and
State-Owned
Enterprise,
within
the
scope
of
its
respective
competence,
to
supervise
and
verify
the
proper
observance
and
application
of
these
provisions.
The
Secretariat
and
the
Public
Function,
within
the
scope
of
their
respective
competences,
may
request
information
regarding
the
execution
and
results
of
Productive
Chains
from
the
Dependencies,
Entities,
and
State-Owned
Enterprises
and
from
NAFIN.
Interpretation
Within
the
scope
of
their
respective
attributions,
it
will
be
for
the
Secretariat,
through
the
Unit
of
Budget
Policy
and
Control,
to
interpret
for
administrative
purposes
these
provisions,
as
well
as
to
resolve
on
cases
not
foreseen
therein.
TRANSITORY
PROVISIONS
FIRST.
SECOND.
THIRD.
FOURTH.
For this purpose, they must provide NAFIN, within 10 natural days following the entry into force of these provisions, the documentation necessary for the formalization of the aforementioned agreements.
The Dependencies, Entities, and State-Owned Enterprises that, on the date of entry into force of these provisions, maintain signed Productive Chains Agreements, will have a period of ten natural days counted from said entry into force to provide NAFIN with the update of the legal and operational information referred to in Section 6, fraction I, second paragraph of these provisions.
NAFIN may provide the Financial Intermediaries with the documentation mentioned in the two preceding paragraphs.
FIFTH.
SIXTH.
SEVENTH.
Given in Mexico City, on the 14th day of the month of July of two thousand twenty. - The Secretary of Finance and Public Credit, Arturo Herrera Gutiérrez. - Rubric. - The Secretary of Public Function, Irma Eréndira Sandoval Ballesteros. - Rubric.
Annex 1 of the General Provisions to which the dependencies and entities of the Federal Public Administration must be subject for their incorporation into the Program of Productive Chains of Nacional Financiera, S.N.C., Development Banking Institution
CONCEPTS
AND
LINE
ITEMS
EXEMPT
FROM
PRODUCTIVE
CHAINS
21701
Materials
and
supplies
for
educational
institutions
22101
Food
products
for
the
Army,
Air
Force,
and
Mexican
Navy,
and
for
personnel
participating
in
public
security
programs
22105
Food
products
for
the
population
in
cases
of
natural
disasters
26101
Fuels,
lubricants,
and
additives
for
land,
air,
maritime,
lacustrine,
and
riverine
vehicles
destined
for
the
execution
of
public
security
and
national
programs
26108
Imported
fuels
for
productive
plants
2800
MATERIALS
AND
SUPPLIES
FOR
SECURITY
28101
Explosive
substances
and
materials
28201
Public
security
materials
28301
Protective gear
for
public
security
and
national
31101
Electric
energy
service
31301
Water
service
31802
Telegraphic
service.
Allocations
destined
for
the
payment
of
the
national
and
international
telegraphic
service
required
in
the
discharge
of
official
duties.
31903
General
services
for
educational
institutions
32501
Lease
of
land,
air,
maritime,
lacustrine,
and
riverine
vehicles
for
the
execution
of
public
security
and
national
programs
32504
Lease
of
land,
air,
maritime,
lacustrine,
and
riverine
vehicles
for
natural
disasters
33401
Services
for
training
civil
servants
33701
Public
security
and
national
expenses
33702
Expenses
in
security
and
logistics
activities
of
the
Presidential
General
Staff
34101
Banking
and
financial
services
34301
Expenses
inherent
to
collection
37102
Domestic
air
passages
associated
with
public
security
and
national
programs
37103
Domestic
air
passages
associated
with
natural
disasters
37202
Domestic
land
passages
associated
with
public
security
and
national
programs
37203
Domestic
land
passages
associated
with
natural
disasters
37205
International
land
passages
associated
with
public
security
and
national
programs
37501
Domestic
per
diem
for
field
work
and
supervision
37502
Domestic
per
diem
associated
with
public
security
and
national
programs
37503
Domestic
per
diem
associated
with
natural
disasters
37504
Domestic
per
diem
for
civil
servants
in
the
discharge
of
official
duties
37601
Per
diem
abroad
associated
with
public
security
and
national
programs
37602
Per
diem
abroad
for
civil
servants
in
the
discharge
of
commissions
and
official
duties
37701
Installation
of
federal
personnel
37801
National
integral
services
for
civil
servants
in
the
discharge
of
commissions
and
official
duties
37802
Integral
services
abroad
for
civil
servants
in
the
discharge
of
commissions
and
official
duties
37901
Expenses
for
operations
and
field
work
in
rural
areas
38101
Ceremonial
expenses
of
the
Head
of
the
Federal
Executive
38102
Ceremonial
expenses
of
the
heads
of
dependencies
and
entities
38103
Expenses
inherent
to
the
presidential
inauguration
38201
Social
order
expenses
38501
Expenses
for
feeding
command
civil
servants
39201
Taxes
and
export
duties
39202
Other
taxes
and
duties
39301
Taxes
and
import
duties
39401
DISBURSEMENTS
BY
RESOLUTION
BY
COMPETENT
AUTHORITY
39501
Penalties,
fines,
accessories,
and
updates
39801
Payroll
tax
39901
Expenses
of
the
International
Boundary
and
Water
Commissions
39902
Expenses
of
the
offices
of
the
Mexican
Foreign
Service
39904
Participations
in
government
bodies
39905
Coordination
activities
with
the
President-Elect
39601
LOSSES
OF
THE
FEDERAL
TREASURY
39602
OTHER
EXPENSES
FOR
LIABILITIES
51902
Awarding,
expropriation,
and
indemnification
of
personal
property.
54101
Vehicles
and
land
equipment,
for
the
execution
of
public
security
and
national
programs
54102
Vehicles
and
land
equipment,
destined
exclusively
for
natural
disasters
54301
Vehicles
and
air
equipment,
for
the
execution
of
public
security
and
national
programs
54302
Vehicles
and
air
equipment,
destined
exclusively
for
natural
disasters
54501
Vehicles
and
maritime
equipment,
for
the
execution
of
public
security
and
national
programs
54503
Construction
of
vessels
5500
DEFENSE
AND
SECURITY
EQUIPMENT
55102
PUBLIC
SECURITY
AND
NATIONAL
SECURITY
EQUIPMENT
56901
Personal
property
under
financial
lease
5800
REAL
PROPERTY
58101
Land
58301
Buildings
and
premises
58901
Awarding,
expropriation,
and
indemnification
of
real
property
58902
Real
property
in
the
modality
of
long-term
productive
infrastructure
projects
58903
Real
property
under
financial
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of
28/08/2026
DOLLAR
16.9712
UDIS
8.808812
TIIE
28
DAYS
6.7559%
TIIE
91
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6.7931%
TIIE
182
DAYS
6.8474%
TIIE
OF
FONDEO
6.50%
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