Resolution reforming, adding, and repealing articles regarding the official format for exchanging client and user information with foreign financial entities — SHCP — MX

DOF: 09/07/2024

RESOLUTION that reforms, adds, and repeals various articles of the one that issues the official format for the exchange of information of clients and users with foreign financial entities, in terms of the General Provisions referred to in Article 115 of the Credit Institutions Law, as well as the instructions for its completion.

A seal bearing the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of

Finance and Public Credit.- Financial Intelligence Unit.- Mexico.

RESOLUTION THAT REFORMS, ADDS, AND REPEALS VARIOUS ARTICLES OF THE ONE THAT ISSUES

THE OFFICIAL FORMAT FOR THE EXCHANGE OF INFORMATION OF CLIENTS AND USERS WITH

FOREIGN FINANCIAL ENTITIES, IN TERMS OF THE GENERAL PROVISIONS

REFERRED TO IN ARTICLE 115 OF THE CREDIT INSTITUTIONS LAW, AS

WELL AS THE INSTRUCTIONS FOR ITS COMPLETION.

PABLO GÓMEZ ÁLVAREZ, Head of the Financial Intelligence Unit of the Ministry of Finance and

Public Credit, based on the provisions of Articles 52, penultimate and final paragraphs, 115 and 115 Bis

of the Credit Institutions Law; 4 of the Federal Administrative Procedure Law; 61st and 62nd Ter of

the General Provisions referred to in Article 115 of the Credit Institutions Law, and

10, fractions I and VI of the Internal Regulations of the Ministry of Finance and Public Credit and,

CONSIDERING

That, with the objective of strengthening compliance with Recommendations 18 and 40 of the Financial Action Task Force and its Interpretive Notes, it is necessary to expand the scope of information that credit

institutions can exchange in accordance with the "Resolution issuing the

official format for the exchange of information of clients and users with foreign financial entities,

in terms of the General Provisions referred to in Article 115 of the Credit Institutions

Law, as well as the instructions for its completion", published in the Official Gazette of the Federation on March 30,

2015.

That, after hearing the opinion of the National Banking and Securities Commission, issued via

letter VSPP/220-79924/2024 dated April 24, 2024, I have deemed it appropriate to issue the following:

RESOLUTION THAT REFORMS, ADDS, AND REPEALS VARIOUS ARTICLES OF THE ONE THAT

ISSUES THE

OFFICIAL FORMAT FOR THE EXCHANGE OF INFORMATION OF CLIENTS

AND USERS WITH

FOREIGN FINANCIAL ENTITIES, IN TERMS OF THE

GENERAL PROVISIONS

REFERRED TO IN ARTICLE 115 OF THE

CREDIT INSTITUTIONS LAW, AS

WELL AS THE INSTRUCTIONS FOR ITS COMPLETION

SINGLE ARTICLE.- Article 3, first paragraph, and Article 4 are REFORMED, a

second paragraph is ADDED to Article 5, and ANNEXES A and B are REPEALED, all of the "Resolution issuing the

official format for the exchange of information of clients and users with foreign financial entities,

in terms of the General Provisions referred to in Article 115 of the Credit Institutions

Law, as well as the instructions for its completion", published in the Official Gazette of the

Federation on March 30, 2015, to read as follows:

Article 3.- Entities shall carry out the exchange of information referred to in Article 1

above using the digital format that can be found as "Anexo A_62ª Ter" on the website

corresponding to the official site of the Financial Intelligence Unit, accessible via the web link

https://www.gob.mx/uif/documentos/layouts.

...

Article 4.- Entities must send to the Financial Intelligence Unit through the

National Banking and Securities Commission an electronic envelope containing a copy of the information exchange format referred to in

the previous Article 3, in an XML file with the .FII extension, in accordance with the specifications

indicated in the digital format that can be found as "Anexo B_62ª Ter" on the website corresponding to the official site of said Unit, accessible via the web link https://www.gob.mx/uif/documentos/layouts, under the terms established in the Provisions, by transmitting it electronically to the Commission, regarding which the SITI will generate an electronic receipt of acknowledgment in which the name of the Entity, folio number, date and time of receipt, as well as the total number of records sent will be recorded.

Article 5.- ...

Entities may modify, on one occasion, within a period that may not exceed thirty

calendar days, the information referred to in the previous Article 4 by retransmitting the report, in which

the <modificatorio> tag must be included as established in field 1.4 "MODIFICATION

REPORT", using for this purpose the "Annex B_62ª Ter" referred to in said article.

TRANSITORY PROVISIONS

FIRST. This Resolution shall enter into force on the next business day following its publication in the Official Gazette of the Federation.

SECOND. On the next business day after the entry into force of this Resolution, the Ministry, through

the Financial Intelligence Unit, will make known the digital formats referred to in Articles 3

and 4, by publishing them on the Internet portal of said administrative unit.

THIRD. Entities will begin sending to the Unit, through the Commission, the formats referred

to in Articles 3 and 4, starting from thirty business days counted from the first business day following

that on which the Commission makes them available to the Entities in electronic version.

FOURTH. Entities will continue to use and send to the Unit, through the Commission, the

formats of Annexes A and B of the Resolution published in the Official Gazette of the Federation on March 30

2015, until the period established in the PREVIOUS TRANSITORY PROVISION THIRD is fulfilled.

Mexico City, June 26, 2024.- The Head of the Financial Intelligence Unit of the

Ministry of Finance and Public Credit, Pablo Gómez Álvarez.- Signature.

(R.- 554874)

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