2020-02-08
Added · Updated
The Secretariat of Finance and Public Credit issues a list of public positions whose holders are considered National Politically Exposed Persons for financial institutions and obligated subjects in Mexico. This update incorporates recommendations from the Financial Action Task Force to include high-ranking military officials, municipal-level positions, and state-owned enterprise executives. Financial entities must use this list as a basis to identify clients and beneficial owners with such status and apply risk-based assessments.
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings i LIST OF POLITICALLY EXPOSED PERSONS NATIONAL
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings ii INDEX A. Introduction B. Objective C. Consulted Sources (Public) D. Definitions E. Factors and Criteria to Determine if a Client, User, or Beneficial Owner Can Be Considered a National Politically Exposed Person F. Aspects at the State and Municipal Level That Financial Entities and Obligated Subjects Must Consider ANNEX 1. List of Public Positions That Will Be Considered as National Politically Exposed Persons SECTION I.- FEDERAL SCOPE I.I EXECUTIVE BRANCH I.I.1 Presidency of the Republic I.I.2 Dependencies, decentralized bodies, administrative bodies and Entities of the State Secretariats I.I.2.A. Secretariat of the Interior I.I.2.B. Secretariat of Foreign Affairs I.I.2.C. Secretariat of National Defense I.I.2.D. Secretariat of the Navy I.I.2.E. Secretariat of Security and Citizen Protection I.I.2.F. Secretariat of Finance and Public Credit I.I.2.G. Secretariat of Welfare I.I.2.H. Secretariat of Environment and Natural Resources I.I.2.I. Secretariat of Energy I.I.2.J. Secretariat of Economy I.I.2.K. Secretariat of Agriculture and Rural Development I.I.2.L. Secretariat of Communications and Transportation I.I.2.M. Secretariat of Public Education I.I.2.N. Secretariat of Health I.I.2.O. Secretariat of Labor and Social Welfare I.I.2.P. Secretariat of Agrarian, Territorial and Urban Development I.I.2.Q. Secretariat of Tourism I.I.2.R. Secretariat of Culture I.1.2.S. Secretariat of Security and Citizen Protection I.I.3 Legal Counsel of the Federal Executive I.I.4 Coordinated Regulatory Bodies in Energy Matters I.I.5 Attorney General's Office I.II JUDICIAL BRANCH
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings iii I.III LEGISLATIVE BRANCH I.IV DECENTRALIZED PUBLIC ADMINISTRATION I.IV.1 State Productive Enterprises I.IV.2 Non-sectorized Bodies I.IV.3 Sectorized-Decentralized Bodies I.IV.3.A Secretariat of the Interior I.IV.3.B Secretariat of Finance and Public Credit I.IV.3.C Secretariat of Welfare I.IV.3.D Secretariat of Environment and Natural Resources I.IV.3.E Secretariat of Energy I.IV.3.F Secretariat of Economy I.IV.3.G Secretariat of Agriculture and Rural Development I.IV.3.H Secretariat of Communications and Transportation I.IV.3.I Secretariat of Public Education I.IV.3.J Secretariat of Health I.IV.3.K Secretariat of Labor and Social Welfare I.IV.3.L Secretariat of Agrarian, Territorial and Urban Development I.IV.3.M Secretariat of Culture I.IV.4 Majority State-Participation Enterprises I.IV.4. A Sectorized in the Secretariat of Finance and Public Credit I.IV.5 Public Funds and Public Trusts I.IV.5.A Secretariat of Finance and Public Credit I.IV.5.B Secretariat of Agriculture, Livestock, Rural Development, Fishing and Food I.IV.5.C Secretariat of Communications and Transportation I.IV.5.F Secretariat of Economy I.IV.5.G Secretariat of Public Education I.IV.5.H Secretariat of Agrarian, Territorial and Urban Development I.IV.5.I Secretariat of Social Development I.IV.5.J Secretariat of Tourism I.IV.5.K Secretariat of Tourism I.IV.5.L National Council of Science and Technology I.IV.5.M Secretariat of Culture I.V AUTONOMOUS BODIES AND OTHERS SECTION II.- STATE SCOPE II.I STATE EXECUTIVE BRANCH II.I.1 Federative Entities and Mexico City II.I.2 Attorney General's Office II.II STATE JUDICIAL BRANCH
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings iv II.III STATE LEGISLATIVE BRANCH II.IV AUTONOMOUS BODIES AND OTHERS SECTION III.- MUNICIPAL SCOPE III.I MUNICIPAL EXECUTIVE BRANCH II.I.1 Federative Entities SECTION IV.- POLITICAL PARTIES
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings 5 The Secretariat of Finance and Public Credit, through the Unit of Banking, Securities and Savings, based on what is established in article 27, fraction XXIV, subsection c) of the Internal Regulations of the Secretariat of Finance and Public Credit, the 68th of the general provisions referred to in article 115 of the Credit Institutions Law; the 67th of the general provisions referred to in article 212 of the Securities Market Law; the 58th of the general provisions referred to in articles 115 of the Credit Institutions Law in relation to 87-D of the General Law of Organizations and Auxiliary Credit Activities and 95-Bis of this latter legislation, applicable to multiple-object financial societies; the 57th of the general provisions referred to in article 95 of the General Law of Organizations and Auxiliary Credit Activities, applicable to exchange houses; the 55th of the general provisions referred to in article 95 Bis of the General Law of Organizations and Auxiliary Credit Activities, applicable to currency centers referred to in article 81-A of the same legislation; the 58th of the general provisions referred to in article 95 Bis of the General Law of Organizations and Auxiliary Credit Activities, applicable to money transmitters referred to in article 81-A Bis of the same legislation; the 61st of the general provisions referred to in article 91 of the Investment Funds Law; the 56th of the general provisions referred to in article 95 of the General Law of Organizations and Auxiliary Credit Activities applicable to General Warehouses; the 71st of the general provisions referred to in articles 71 and 72 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; the 57th of the general provisions referred to in article 129 of the Credit Unions Law; the 71st of the general provisions referred to in article 124 of the Popular Savings and Credit Law; the 42nd of the general provisions referred to in article 226 Bis of the Securities Market Law, applicable to investment advisors; Article 95 of the General Provisions referred to in article 58 of the Law to Regulate the Activities of Financial Technology Institutions and the 53rd of Agreement 04/2015 by which the general provisions referred to in article 60 of the Organic Law of the National Financial Institution for Agricultural, Rural, Forestry and Fisheries Development are issued, has resolved to issue the following: LIST OF PUBLIC POSITIONS THAT WILL BE CONSIDERED AS NATIONAL POLITICALLY EXPOSED PERSONS REFERRED TO IN THE GENERAL PROVISIONS ON PREVENTION AND DETECTION OF ACTS, OMISSIONS OR OPERATIONS THAT COULD FAVOR, PROVIDE HELP, ASSISTANCE OR COOPERATION OF ANY KIND FOR THE COMMISSION OF THE CRIME PROVIDED FOR IN ARTICLE 139 QUATER OF THE FEDERAL PENAL CODE OR THAT COULD BE LOCATED IN THE
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings 6 SCENARIOS OF ARTICLE 400 BIS OF THE SAME CODE, APPLICABLE TO CREDIT INSTITUTIONS, BROKERAGE HOUSES, MULTIPLE-OBJECT FINANCIAL SOCIETIES REGULATED ENTITIES AND UNREGULATED ENTITIES, EXCHANGE HOUSES, CURRENCY CENTERS, MONEY TRANSMITTERS, INVESTMENT FUNDS OPERATING SOCIETIES, INVESTMENT FUNDS SHARE DISTRIBUTING SOCIETIES, GENERAL WAREHOUSES, SAVINGS AND LOAN COOPERATIVE SOCIETIES WITH OPERATION LEVELS I TO IV, INVESTMENT ADVISORS, CREDIT UNIONS, POPULAR FINANCIAL SOCIETIES WITH OPERATION LEVELS I TO IV, COMMUNITY FINANCIAL SOCIETIES WITH OPERATION LEVELS I TO IV, RURAL FINANCIAL INTEGRATION ORGANISMS, COLLECTIVE FINANCING INSTITUTIONS, ELECTRONIC PAYMENT FUNDS INSTITUTIONS, SOCIETIES AUTHORIZED TO OPERATE WITH NOVEL MODELS AND THE NATIONAL FINANCIAL INSTITUTION FOR AGRICULTURAL, RURAL, FORESTRY AND FISHERIES DEVELOPMENT. A. INTRODUCTION Mexico, as a member of the Financial Action Task Force 1 (GAFI) since the year 2000, recognizes the need to have current and effective policies in matter of prevention of operations with resources of illicit origin, terrorism financing and financing for the proliferation of weapons of mass destruction (AML/CFT/PADM). Therefore, Mexico, based on FATF Recommendation 12 “Politically Exposed Persons”, recognizes the need to know and identify those persons who by their position, employment or commission within the Mexican Government can be considered as Politically Exposed Persons, so that based on a Risk-Based Approach, the members of the Mexican financial system and other obligated subjects can know, evaluate, administer and mitigate the risks associated with such persons and the acts and operations they carry out through said financial system. This is because in Mexico there are risks and vulnerabilities in matter of AML/CFT/PADM in relation to persons who, by their employment, position or commission within the Mexican Government, can be the object or means to facilitate the commission of the crimes of AML/CFT/PADM, through different conduct, such as acts of corruption, bribery and embezzlement, among others, which are susceptible to use the Mexican financial system as a means for the commission of said offenses.
1 Intergovernmental body that sets international standards in matter of prevention and combat against operations with resources of illicit origin, terrorism financing and financing for the proliferation of weapons of mass destruction (AML/CFT/PADM)
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings 7 Thus, on January 11, 2016, the Secretariat of Finance and Public Credit, in compliance with FATF Recommendation 12 and the applicable provisions in the matter, issued and published through its Internet page an enumerative list of National Politically Exposed Persons, with the Public Positions that serve as a basis for Financial Entities and other Obligated Subjects members of the Mexican financial system to identify the Client, User or Beneficial Owner who has such status and apply with greater effectiveness the evaluation of their Risks and classification of their Clients and Users under the protection of a Risk-Based Approach. Notwithstanding the foregoing, Mexico recognizes the need to update the List of National Politically Exposed Persons, by virtue of:
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings 8 of the Public Position and/or its functions are modified for reasons of public policy. The foregoing will allow Financial Entities and Obligated Subjects to have greater elements to mitigate the Risks to which they are exposed based on the Operations carried out by a Client or User who can be considered as a National Politically Exposed Person. C. CONSULTED SOURCES (PUBLIC) To update and issue the List of National Politically Exposed Persons, diverse consultations were made in public sources that, according to the applicable regulations, serve as a basis for the integration and update of the same; which are indicated below:
2 https://www.gob.mx/gobierno 3 http://www.ordenjuridico.gob.mx/scripts/phptliste/j2x.php?_9node=33&_7node=21 4 https://rhnet.gob.mx/sse_generico/espanol/generico_login_temp.jsp?estado=0
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings 9 6. Criteria, what is provided in FATF Recommendation 12 and its Interpretative Note was taken as a basis, as well as what is provided in the Guide on Politically Exposed Persons 5 issued by said international organization. Likewise, what is provided in the Federal Budget and Fiscal Responsibility Law, Law on Acquisitions, Leases and Services of the Public Sector, among others, was taken into account. D. DEFINITIONS For the purpose of the present document and Annex 1, the definitions contained in the various Provisions that are applicable, according to each case, will be used. Additionally, it will be understood, in singular or plural, by: I. Public Position, that employment or commission performed by a person in the Public Entities, at the federal, state and municipal level, in accordance with what is established in article 108 of the Political Constitution of the United Mexican States. II. Data, the typologies, Risk factors and any other information or documentation that the Secretariat makes known or gives access to in the exercise of its attributes. III. Public Entity, the Legislative and Judicial powers; the constitutional autonomous bodies; the dependencies and entities of the Federal Public Administration, and their counterparts in the federative entities; the municipalities and boroughs of Mexico City and their dependencies and entities; the Attorney General's Office and the local prosecutors or attorney general offices; the jurisdictional bodies that do not form part of the judicial powers; the State Productive Enterprises, as well as any other entity over which any of the powers and public organs cited of the three levels of government have control. IV. Financial Entities and Obligated Subjects, credit institutions; brokerage houses; multiple-object financial societies regulated entities and unregulated entities; exchange houses; currency centers; money transmitters; investment funds operating societies, investment funds share distributing societies; general warehouses; savings and loan cooperative societies with operation levels I to IV; investment advisors; credit unions; popular financial societies with operation levels I to IV; community financial societies with operation levels I to IV; rural financial integration organisms; collective financing institutions; electronic payment funds institutions,
5 http://www.fatf-gafi.org/publications/fatfrecommendations/documents/peps-r12-r22.html
Subsecretariat of Finance and Public Credit Unit of Banking, Securities and Savings 10 societies authorized to operate with novel models and the National Financial Institution for Agricultural, Rural, Forestry and Fisheries Development. V. Public Sources, the digital or printed information that is available to the general public and that Financial Entities and Obligated Subjects consult to strengthen their Risk analysis in terms of what is established in their Compliance Manual or other internal document. VI. Prominent Function, that employment, position or commission performed by a Public Servant who by their level of exposure, decision-making or handling of Public Resources, is considered as a risk factor to be classified as a Politically Exposed Person national in terms of the present List. VII. Dependencies, the decentralized public bodies; the majority state-participation enterprises and the public trusts that have the status of parastatal entity referred to in articles 3, 45, 46 and 47 of the Organic Law of the Federal Public Administration and their correlative in the federative entities and municipalities. VIII. Provisions, the General Provisions referred to in article 115 of the Credit Institutions Law; the General Provisions referred to in article 212 of the Securities Market Law; the General Provisions referred to in articles 115 of the Credit Institutions Law in relation to 87-D of the General Law of Organizations and Auxiliary Credit Activities and 95-Bis of this latter legislation, applicable to multiple-object financial societies; the General Provisions referred to in article 95 of the General Law of Organizations and Auxiliary Credit Activities, applicable to exchange houses; the General Provisions referred to in article 95 Bis of the General Law of Organizations and Auxiliary Credit Activities, applicable to currency centers referred to in article 81-A of the same legislation; of the General Provisions referred to in article 95 Bis of the General Law of Organizations and Auxiliary Credit Activities, applicable to money transmitters referred to in article 81-A Bis of the same legislation; the General Provisions referred to in article 91 of the Investment Funds Law; the General Provisions referred to in article 95 of the General Law of Organizations and Auxiliary Credit Activities applicable to the General Warehouses; the General Provisions referred to in articles 71 and 72 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; the General Provisions referred to in article 129 of the Credit Unions Law; the General Provisions referred to in article 124 of the Popular Savings and Credit Law; the
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 11 General provisions referred to in Article 226 Bis of the Securities Market Law, applicable to investment advisors, the General provisions referred to in Article 58 of the Law to Regulate Financial Technology Institutions, and Agreement 04/2015 issuing the General provisions referred to in Article 60 of the Organic Law of the National Financial Development Institution for Agriculture, Rural, Forestry and Fisheries, as applicable. IX. List of National Politically Exposed Persons, to the enumerative list provided in Annex 1 of Public Offices that will be considered as National Politically Exposed Persons by Financial Entities and Obliged Subjects. X. Public Resources, to all those revenues of the Federation, federative entities or municipalities that, by concept of taxes; social security quotas and contributions; improvement contributions; fees; products; utilization; income from sales of goods; provision of services; participations, contributions, agreements, incentives derived from fiscal collaboration and funds other than contributions; transfers, assignments, subsidies and grants, and pensions and retirements; income derived from financing, and other income that is foreseen in the revenue laws of the Federation, of the federative entities and of the municipalities, respectively, and whose application is carried out in accordance with what is established in the expenditure budgets of the Federation, of the federative entities and of the municipalities, respectively, and through the spending executors referred to in the Federal Budget and Fiscal Responsibility Law. XI. Public Servants, to the persons who hold a job, position or commission in Public Entities and Departments, at the federal, state or municipal level, in accordance with what is provided in Article 108 of the Political Constitution of the United Mexican States. XII. Usages and Customs, those behaviors adopted within the framework of the free determination and autonomy of indigenous peoples and communities for the establishment of their internal forms of coexistence and social, economic, political and cultural organization, as referred to in Article 2 of the Political Constitution of the United Mexican States. E. FACTORS AND CRITERIA FOR DETERMINING WHETHER A CLIENT, USER OR BENEFICIAL OWNER CAN BE CONSIDERED A NATIONAL POLITICALLY EXPOSED PERSON
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 12 For the purpose that Financial Entities and Obliged Subjects are able to (i) identify whether a Client, User or Beneficial Owner can be considered a National Politically Exposed Person 6, and (ii) know, administer and evaluate the Risks associated with which they are exposed with greater effectiveness, criteria and risk factors are proposed for its determination based on the name and level of the Public Office held by such person, as well as the particular characteristics of the Prominent Functions performed or the vulnerability to which they are exposed based on the Public Office (by the type of information handled or use of Public Resources. Criteria and factors that may be considered to identify a National Politically Exposed Person I. If the Public Servant has in charge any of the following functions or faculties: a) Direct or indirect decision or participation in: i. Public contracts (tenders or direct assignment) provided for in the Law of Acquisitions, Leases and Services of the Public Sector. ii. Disposition or assignment of Federal, State or Municipal budget expenses or of Public Entities or Departments. iii. Direct control of acquisitions. iv. Granting of subsidies and grants. b) Handling or safeguarding of reserved or confidential information, so designated by a Law and that has a direct impact on the life, liberty, property or honor of persons. c) Management of public finances. d) Management of funds or securities, when it implies the legal faculty to dispose of them, determining their application or destination. e) Granting of authorizations, concessions, licenses or permits for the benefit of private parties.
6 Regarding Foreign Politically Exposed Persons and international organizations, Financial Entities and Obliged Subjects may apply analogously the risk factors based on the objective of their functions in the management of resources and decision-making.
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 13 f) Direct or indirect participation in audits and oversight of public functions. g) Direction, as a consequence of the exercise of their legal attributes, which permanently and generally confer representativeness and imply decision-making power in the exercise of command or decision-making in Public Entities or Departments. h) Knowledge of confidential or reserved information that impacts or benefits economically. II. Those persons who, based on the Usages and Customs of each indigenous people and community in the country, act as representatives before the town councils of the municipalities of the federative entities and exercise Public Resources. III. If Financial Entities or Obliged Subjects have knowledge, by any means, of negative information related to the Public Servant. Financial Entities and Obliged Subjects may take into consideration those Public Servants with lower hierarchies that, by virtue of their Public Office, may be considered as National Politically Exposed Persons, since (i) they have some of the Prominent Functions mentioned in the previous subsections, and (ii) they can act on behalf of a National Politically Exposed Person to evade AML/CFT/PADM controls. Additionally, in the identification of risks associated with National Politically Exposed Persons, it is important to take into account the National Risk Assessment of Mexico regarding the perception of corruption, bribery, embezzlement, etc., risks in different zones of the country. For the above, the Secretariat of Public Finance and Public Credit issues the following List of National Politically Exposed Persons contained in Annex 1, which, in an enumerative manner, Financial Entities and Obliged Subjects will take as a basis to identify Clients, Users and Beneficial Owners with such status and thus, evaluate with greater effectiveness the Risk to which they are exposed based on the Operations they carry out with them and have a more solid AML/CFT/PADM prevention regime. F. ASPECTS THAT FINANCIAL ENTITIES AND OBLIGED SUBJECTS AT STATE OR MUNICIPAL LEVEL SHOULD CONSIDER
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 14 Financial Entities and Obliged Subjects shall consider as National Politically Exposed Persons, all those holders or homologs, as applicable, of some Public Entity or Department at the state or municipal level that, by their legal nature or organizational structure, are assimilated or correspond to some Public Entity or Department of the public administration at the federal level in accordance with Annex 1. In this sense, an enumerative list is presented in addition to what is provided in Annex 1, of Public Entities and Departments, as well as Public Servants that should be taken into account for the purposes of the previous paragraph: a) Secretariats b) Legal Councils c) Governors d) Head of Government e) State Attorney General's Offices f) Arbitration Tribunals g) Decentralized bodies h) Decentralized organs i) Parastatal and auxiliary organs j) Administrative support organ k) Autonomous bodies and others
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 15 ANNEX 1 List of Public Offices 7 that will be considered as National Politically Exposed Persons SECTION I I. FEDERAL SCOPE The following will be considered as National Politically Exposed Persons (PEP): • President of the Republic
7 For the creation of this list, the risks associated with AML/CFT/PADM matters were taken into consideration, according to the type of Prominent Functions each Public Office represents.
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 16 I.I EXECUTIVE POWER 8 I.I.1 Presidency of the Republic The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • Head of the Presidential Office • Private Office of the President • Head of Advisors • Social communication and spokesperson of the Government of the Republic • Integral development programs • Policy and government I.I.2 Departments, decentralized bodies, administrative organs and Entities of the State Secretariats I.I.2.A. Ministry of the Interior The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Institute for Federalism and Municipal Development • Federal Conciliation and Arbitration Tribunal • National Population Council • National Institute of Migration • General Directorate of Radio, Television and Cinematography • Center for the Production of Special Information Programs • National Commission for the Search for Persons • National Anti-kidnapping Coordination • Coordination for the Comprehensive Attention of Migration at the Southern Border • National Center for Disaster Prevention • Qualifying Commission for Publications and Illustrated Magazines • Mexican Commission for Refugee Aid • Commission for Dialogue with the Indigenous Peoples of Mexico • National Commission to Prevent and Eradicate Violence Against Women • Federal Police • Prevention and Social Readaptation • National System for the Integral Protection of Girls, Boys and Adolescents I.I.2.B. Ministry of Foreign Affairs The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • Mexican Agency for International Cooperation for Development • Matías Romero Institute
8 The lower hierarchical levels will be conditioned by the command power that the Public Office has by its functions, since, in case of not having decision-making power and being located within the three lower hierarchical levels than those mentioned above, it will not be considered as PEP.
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 17 • Institute of Mexicans Abroad • International Commission on Boundaries and Waters between Mexico and the United States • International Commissions on Boundaries and Waters between Mexico and Guatemala, and between Mexico and Belize I.I.2.C. Ministry of National Defense The holders and persons in charge or homologs of the following Departments, as well as the three lower hierarchical levels of these, will be considered as PEP: • General Staff of National Defense • Air Force Command • Inspection and General Comptroller I.I.2.D. Navy Secretariat The holders and persons in charge or homologs of the following Departments, as well as the three lower hierarchical levels of these, will be considered as PEP: • Head of the General Staff of the Navy • Inspection and General Comptroller I.I.2.E. Ministry of Security and Citizen Protection The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Intelligence Center • Executive Secretariat of the National Public Security System • Administrative Decentralized Body Prevention and Social Readaptation • Federal Protection Service • Internal Affairs Unit • National Coordination of Civil Protection • National Guard
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 18 I.I.2.G. Ministry of Welfare The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Institute of Social Development • National Coordination of Social Inclusion PROSPERA • National Institute of the Social Economy I.I.2.H. Ministry of Environment and Natural Resources The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • Federal Attorney's Office for Environmental Protection • National Water Commission • National Commission for the Knowledge and Use of Biodiversity • National Commission of Protected Natural Areas I.I.2.I. Ministry of Energy The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Commission of Nuclear Safety and Safeguards • National Commission for the Efficient Use of Energy I.I.2.J. Ministry of Economy The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Commission for Regulatory Improvement • Mexican Business Information System • National Institute of Entrepreneurship I.I.2.K. Ministry of Agriculture and Rural Development The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Commission of Aquaculture and Fishing • National Service of Inspection and Certification of Seeds • Higher Agricultural College of the State of Guerrero • Agency for Services to the Commercialization and Development of Agricultural Markets • National Service of Sanitary, Safety and Agri-food Quality • Agri-food and Fisheries Information Service • Agency for Services to the Commercialization and Development of Agricultural Markets I.I.2.L. Ministry of Communications and Transport The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP:
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 19 • Mexican Institute of Transport • Railway Transport Regulatory Agency • Services for the Navigation of Mexican Airspace I.I.2.M. Ministry of Public Education The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Pedagogical University • National Polytechnic Institute • Technological National of Mexico • Open and Distance University of Mexico • System of Public Universities "Benito Juárez" • National Coordination of Scholarships for Welfare Benito Juárez • Sports Appeal and Arbitration Commission I.I.2.N. Ministry of Health The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Commission Against Addictions • Federal Commission for the Protection against Health Risks • National Commission for Social Protection in Health • National Medical Arbitration Commission • National Bioethics Commission • Administration of the Patrimony of Public Charity • National Center for Gender Equity and Reproductive Health • National Center for Technological Excellence in Health • National Center for Preventive Programs and Disease Control • National Transplant Center • National Blood Transfusion Center • National Center for the Prevention and Control of HIV/AIDS • National Center for the Health of Children and Adolescents I.I.2.O. Ministry of Labor and Social Welfare The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • Federal Board of Conciliation and Arbitration • Federal Attorney's Office for the Defense of Labor • National Mixed Committee for Wage Protection • National Employment Service I.I.2.P. Ministry of Agrarian, Territorial and Urban Development The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP:
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 20 • National Agrarian Registry I.I.2.Q. Ministry of Tourism The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • Council for Tourism Promotion of Mexico • Institute of Tourism Competitiveness • Corporation of Services to Tourists Green Angels I.I.2.R. Ministry of Culture The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Institute of Anthropology and History • National Institute of Fine Arts and Literature • National Institute of Historical Studies of the Revolutions of Mexico • National Institute of Copyright • Radio Educación I.I.2.S. Ministry of Security and Citizen Protection The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • Federal Police • Federal Protection Service • National Anti-kidnapping Coordination • Prevention and Social Readaptation • National Center for Disaster Prevention • National Intelligence Center • Executive Secretariat of the National Public Security System • National Guard I.I.3 Legal Councils of the Federal Executive The holders and persons in charge or homologs of the following Adjunct Councils, as well as the three lower hierarchical levels of these, will be considered as PEP: • Adjunct Council of Constitutional Consultation and Studies • Adjunct Council of Legislation and Normative Studies • Adjunct Council of Constitutional Control and Contentious Matters I.I.4 Regulated Bodies Coordinated in Energy Matters The holders and persons in charge or homologs of the following Commissions, as well as the three lower hierarchical levels of these, will be considered as PEP: • National Hydrocarbons Commission • Energy Regulatory Commission I.I.5 Attorney General's Office of the Republic
Undersecretariat of Public Finance and Public Credit Banking, Securities and Savings Unit 21 The holders and persons in charge or homologs of the following dependent, decentralized organs and entities, as well as the three lower hierarchical levels of these, will be considered as PEP: • Federal Center for the Protection of Persons • National Center for Planning, Analysis and Information for the Fight against Crime • Evaluation and Trust Control Center • National Institute of Penal Sciences • Institute of Ministerial, Police and Forensic Training I.II JUDICIAL POWER 9 The holders and persons in charge or homologs of the following areas, as well as the three lower hierarchical levels of these, will be considered as PEP: • Supreme Court of Justice of the Nation
9 Idem
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 22
Titular and up to two lower hierarchical levels thereof, of the areas of financial, human, and material resources.
Electoral Tribunal of the Federal Judiciary
Public servants who perform their public office in those Public Entities or Dependencies that change or update their name but not their legal nature will continue to be considered as PEPs, which will be updated within this list.
I.III LEGISLATIVE BRANCH 10
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
10 Idem
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 23
Titular and up to two lower hierarchical levels thereof, of the areas of financial, human, and material resources.
Deputies
Superior Audit Office of the Federation
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 24
Public servants who perform their public office in those Public Entities or Dependencies that change or update their name but not their legal nature will continue to be considered as PEPs, which will be updated within this list.
I.IV DECENTRALIZED PUBLIC ADMINISTRATION 11
I.IV.1 State-Owned Enterprises
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.2 Non-sectorized Bodies
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3 Sectorized-Decentralized Bodies
I.IV.3.A Ministry of the Interior
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.B Ministry of Finance and Public Credit
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
11 Idem
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 25
I.IV.3.C Ministry of Welfare
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.D Ministry of Environment and Natural Resources
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.E Ministry of Energy
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.F Ministry of Economy
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.G Ministry of Agriculture and Rural Development
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 26
I.IV.3.H Ministry of Communications and Transport
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.I Ministry of Public Education
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.J Ministry of Health
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 27
I.IV.3.K Ministry of Labor and Social Welfare
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.L Ministry of Agrarian, Territorial and Urban Development
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.3.M Ministry of Culture
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
I.IV.4 Majority State-Participation Companies
I.IV.4.A Sectorized in the Ministry of Finance and Public Credit
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 28
I.IV.5 Public Funds and Trusts 12
I.IV.5.A Ministry of Finance and Public Credit
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.B Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.C Ministry of Communications and Transport
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.F Ministry of Economy
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.G Ministry of Public Education
12 https://www.ppef.hacienda.gob.mx/es/PPEF2018/ramo48-IV#
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 29
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.H Ministry of Agrarian, Territorial and Urban Development
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.I Ministry of Social Development
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.J Ministry of Tourism
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.K Ministry of Tourism
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.L National Council of Science and Technology
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.IV.5.M Ministry of Culture
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 30
Public servants who act as fiduciary delegates and settlors, as well as persons who, although they do not have the status of Public Servant, manage and administer the Public Resources of the following trusts, shall be considered as PEPs:
I.V AUTONOMOUS BODIES AND OTHERS 13
The following shall be considered as PEPs, the titulars and persons in charge or equivalents thereof, as well as the three lower hierarchical levels thereof:
SECTION II
II. STATE SCOPE
Financial Entities and Obligated Subjects shall consider as PEPs all those titulars and/or persons in charge or equivalents thereof, as appropriate, of any Public Entity or Dependency at the state level that, by its legal nature or organizational structure, assimilate or correspond to any Public Entity or Dependency in the Federal Scope, in terms of subsection F and this Annex 1.
Additionally, Financial Entities and Obligated Subjects shall consider the following Public Offices as PEPs:
II.I STATE EXECUTIVE BRANCH 14
II.I.1 Federative Entities and Mexico City
The following Public Servants shall be considered as PEPs, as well as the three lower hierarchical levels thereof:
Public servants who perform their public office in those Public Entities or Dependencies that change or update their name but not their legal nature will continue to be considered as PEPs, which will be updated within this list.
II.I.2 General Attorney's Office for Justice
The following Public Servants shall be considered as PEPs, as well as the three lower hierarchical levels thereof:
II.II STATE JUDICIAL BRANCH 15
The following Public Servants shall be considered as PEPs, as well as the three lower hierarchical levels thereof:
15 Idem
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Comptrollership of the Superior Court of Justice
Judicial Visitation
General Secretariat of the Judicial Council
Administrative Liaison Directorate of the General Comptroller's Office in the Judicial Council
Civil Protection Directorate
Superior Court of Justice
Public servants who perform their public office in those Public Entities or Dependencies that change or update their name but not their legal nature will continue to be considered as PEPs, which will be updated within this list.
II.III STATE LEGISLATIVE BRANCH 16
The following Public Servants shall be considered as PEPs, as well as the three lower hierarchical levels thereof:
Legislative Assembly
Congress
16 Idem
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 33
They will continue to be considered as PEPs the Public Servants who carry out their Public Office in those Public Entities or Dependencies that change or update their name but not their legal nature, which will be updated within this list.
II.IV AUTONOMOUS ORGANISMS AND OTHERS 17
They will be considered as PEPs, the heads and persons in charge or equivalents of the following areas, as well as the three lower hierarchical levels of these: • State and Mexico City Human Rights Commission • State and Mexico City Institute of Transparency, Access to Information and Personal Data Protection • National Institute of Statistics and Geography • State Autonomous Universities or Equivalents that receive budgetary resources • Heads and up to two lower hierarchical levels of this, of the areas of financial, human and material resources.
SECTION III III. MUNICIPAL SCOPE
Financial Entities and Obligated Subjects must consider as PEPs, all those heads and/or persons in charge or equivalents, as appropriate, of any Public Entity or Dependency at the municipal level that, by its legal nature or organizational structure, are assimilated or correspond to any Public Entity or Dependency at the Federal or State Scope, in terms of subsection F and this Annex 1.
Additionally, Financial Entities and Obligated Subjects must consider the following Public Offices as PEPs:
II.I MUNICIPAL EXECUTIVE POWER 18 II.I.1 Federative Entities
17 Idem 18 Idem
Subsecretaría de Hacienda y Crédito Público Unidad de Banca, Valores y Ahorro 34
They will be considered as PEPs, the following Public Servants, as well as the three lower hierarchical levels of these: • Municipal Presidents • General Councilors • First-level Secretaries • Municipal Treasurers • City Councils • Syndics • Heads and up to two lower hierarchical levels of this, of the areas of financial, human and material resources.
They will continue to be considered as PEPs the Public Servants who carry out their Public Office in those Public Entities or Dependencies that change or update their name but not their legal nature, which will be updated within this list.
SECTION IV IV. POLITICAL PARTIES 19
They will be considered as PEPs, the following, as well as the three lower hierarchical levels of these: • Precandidates • Candidates for President of the Republic • Candidates for Senators of the Republic • Candidates for Federal Deputies • Candidates for Mayor of Mexico City • Candidates for Governors • Candidates for Deputies of the Congress of Mexico City • Candidates for Local Deputies • Candidates for Municipal Presidents • National President of Political Parties • General Secretary or equivalent of Political Parties • National Head of Finances of Political Parties • Heads and up to two lower hierarchical levels of this, of the areas of financial, human and material resources.
19 Idem