Resolution reforming, adding, and repealing general provisions applicable to money transmitters under Article 95 Bis of the General Law of Credit Organizations and Auxiliary Activities

DOF: 20/03/2019

RESOLUTION that reforms, adds, and repeals various of the General Provisions referred to in Article 95 Bis of the General Law of Credit Organizations and Auxiliary Activities, applicable to money transmitters referred to in Article 81-A Bis of the same legislation.

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- SHCP.- Ministry of

Finance and Public Credit.

RESOLUTION THAT REFORMS, ADDS, AND REPEALS VARIOUS OF THE GENERAL PROVISIONS

TO WHICH ARTICLE 95 BIS OF THE GENERAL LAW OF ORGANIZATIONS AND ACTIVITIES

AUXILIARY TO CREDIT REFERS, APPLICABLE TO MONEY TRANSMITTERS TO WHICH ARTICLE

81-A BIS OF THE SAME LEGISLATION REFERS

CARLOS MANUEL URZÚA MACÍAS, Secretary of Finance and Public Credit, based on the

provisions of articles 31, fractions VIII and XXXIV, of the Organic Law of the Federal Public Administration;

95 Bis and 81-A of the General Law of Credit Organizations and Auxiliary Activities, in the exercise

of the powers conferred upon me by article 6º, fraction XXXIV, of the Internal Regulations of the Ministry of

Finance and Public Credit, and with the prior opinion of the National Banking and Securities Commission

issued through letter number DGPORPIA/73865/2019 and 213-2/78633/5/2019 dated February 25,

2019; and

CONSIDERING

That during the 2016-2017 period, Mexico was evaluated within the framework of the Fourth Round of Mutual Evaluation of the Financial Action Task Force (FATF), in order to examine its level of compliance with international standards in the matter of prevention of money laundering and financing of terrorism;

That as a result of the above, on January 3, 2018, FATF published the "Mutual Evaluation Report" through which this intergovernmental entity made various recommendations to Mexico in order to strengthen its regime for the prevention of money laundering and financing of terrorism;

That therefore, the Ministry of Finance and Public Credit has considered making various modifications to the general provisions that establish the minimum criteria and procedures in the matter of prevention of money laundering and financing of terrorism for money transmitters, this with the object of addressing the FATF recommendations and strengthening the regime in this matter;

That, in addition to the reform carried out on March 9, 2017 to the general provisions in the matter of prevention of money laundering and financing of terrorism applicable to money transmitters, to help improve compliance with FATF Recommendations 1 and 10, it is specified in the legal framework the prohibition of money transmitters from carrying out simplified identification measures for their users when they have suspicion or indications that the resources that said users intend to use to carry out an operation, might be related to money laundering or financing of terrorism;

That likewise, in compliance with FATF Recommendation 10, it is necessary to strengthen the legal framework regarding the identification and user knowledge policy for money transmitters, establishing the circumstances under which they may suspend the identification process, in order to prevent the commission of crimes of money laundering and financing of terrorism, among others; and in its case, report to the competent authority the respective unusual operation report;

That to better address FATF Recommendation 12, it is convenient to establish that money transmitters determine if the beneficial owners of their users have the status of politically exposed persons, whether national or foreign in accordance with applicable provisions, to be able to apply the appropriate due diligence measures;

That in accordance with FATF Recommendation 16, related to electronic fund transfers, in consideration of the modifications foreseen for the formats of standardized messages most used by financial entities in the international market for said operations, it is necessary to strengthen the user identification policy of the money transmitter, in order to know with greater precision the information of the ordering party and beneficiary of the transfer in question to detect and, in its case, avoid the commission of crimes of operations with resources of illicit origin, for which it is necessary that money transmitters identify, regardless of the amount of the operation, the users who request to send the respective transfers, as well as the beneficiaries of these, particularly when issuing the respective transfer orders or, in the case of international transfer orders received, the ordering parties, and as in other cases, keep the corresponding information for the periods to which they are obligated and keep it available to the competent authority, in addition to obliging said entities to establish criteria in their respective manuals that allow them to strengthen, with a risk-based approach, their regime for the prevention of money laundering and financing of terrorism on this matter;

That, on the other hand, since money transmitters can provide their services through new technologies, which have been recognized by the Mexican Government with the issuance of the Law to Regulate Financial Technology Institutions and its secondary provisions, in compliance with FATF Recommendation 15 and what is stated in the Report of January 3, 2018, it is necessary that these evaluate the risk of providing financial services through said technologies, for which it is convenient to establish such obligation, prior to its implementation and development, as well as for its monitoring;

That, even though currently money transmitters comply with the obligation of user due diligence in a presencial and traditional manner, in the face of the existence of the digital era, new technologies, and electronic media, in the integration, conservation, maintenance, verification, etc., of data, information, and documents, it is necessary, just as with other regulated participants in the matter, to recognize the legal possibility that money transmitters can comply with their obligations in the matter of prevention of money laundering and financing of terrorism through said digital means, of course with the responsibility that they comply with the applicable norms to the effect so that they have the value that corresponds in law;

That, with the purpose of prioritizing efforts and resources in the new obligations established in this resolution, it is estimated convenient to eliminate the obligation for money transmitters to send the training report, without this implying that they should not have said training;

That, since money transmitters, for their operation, can rely on third parties, the figure of coadjuvant legal person is provided for, and in compliance with FATF Recommendation 17, in case that through its conduct they comply with their obligation of identification and user knowledge, their obligations regarding this are maintained, and

That once heard the opinion of the National Banking and Securities Commission, I have deemed it appropriate to issue the following:

RESOLUTION THAT REFORMS, ADDS, AND REPEALS VARIOUS OF THE

GENERAL PROVISIONS

TO WHICH ARTICLE 95 BIS

OF THE GENERAL LAW OF

ORGANIZATIONS AND ACTIVITIES AUXILIARY TO

CREDIT REFERS, APPLICABLE TO

MONEY TRANSMITTERS TO WHICH REFERS

ARTICLE 81-A BIS OF THE SAME

LEGISLATION

SINGLE ARTICLE.- The 2nd, fractions I to XXIII; 3rd, second paragraph; 4th, first, second,

third, fourth, fifth, fractions I to III, becoming fractions II to IV, eighth and last paragraphs; 7th; 8th; 9th,

first paragraph; 10th, first and second paragraphs and fraction II, subsection b) of the fifth paragraph; 11th, fractions I and III

of the second paragraph; 12th; 12th-1; 12th-2; 12th-3; 12th-4; 12th-5, now 12th-6; 13th, second paragraph; 16th, first,

fifth and last paragraphs; 17th; 18th; 19th, third, fourth and last paragraphs; 20th; 21st, first paragraph; 25th, fractions

I and II of the first paragraph; 27th first paragraph, fraction XII, second and last paragraphs; 30th, first and third

paragraphs; 32nd, first paragraph, fractions I, I Bis, II, III, IX, X and last paragraph; 33rd, last paragraph; 36th, third

paragraph, fractions I, I Bis, IV, VII and last paragraph; 38th, first paragraph, fraction I; 40th, first paragraph,

fractions II, V, IX. Bis and X; 47th, first paragraph; 49th, first and second paragraphs; 50th, first paragraph, fractions

I, II first paragraph, subsection b), III, first paragraph, subsections a), e), g) second paragraph and k), and IV; 50th Bis; 51st,

first, second and last paragraphs; 55th; 56th, first paragraph; 60th, second paragraph; 62nd, second paragraph; Annex

1; are REFORMED; the 2nd, fractions XXIV to XXXIX; 4th, fraction I, renumbering the others in order, third,

fourth, fifth, sixth and penultimate paragraph, renumbering in order; 4th Bis; 7th Bis; 7th Ter; 8th Bis; 12th, third

paragraph, renumbering in order; 12th-5 renumbering in order; 15th, second paragraph; 16th, fourth and sixth

paragraphs, renumbering the others in order; 32nd, fraction XI; 40th, fractions V Bis and XI; 50th, fraction III Bis;

59th-1, last paragraph, a Chapter XIII BIS titled "Novel Models"; Annex 2; and are REPEALED the 2nd,

fractions VI Bis, VI Ter, VII Bis, IX Bis, IX Ter, XX Bis; 38th, last paragraph, all of them of the General Provisions

to which article 95 bis of the General Law of Credit Organizations and Auxiliary Activities refers,

applicable to money transmitters referred to in article 81-A Bis of the same legislation, to remain as follows:

2nd.- . . .

I. Related Agent, the natural person who, by virtue of a contractual relationship with a Money

Transmitter, receives from this, by any means, rights or resources in national currency or foreign exchange to deliver them to the Beneficiary User or, well, provides the Money Transmitter with the rights or resources in

national currency or foreign exchange that it receives from the respective Remitting User so that they are delivered to the Beneficiary User corresponding;

II. File or Registry, the set of data and documents that are conserved or stored in printed format or in electronic, optical, or any other technology media, provided that, in these latter media, it is ensured that the information has remained intact and unaltered from the moment it was generated for the first time in its definitive form and is accessible for subsequent consultation, having as its purpose to integrate, conserve, and evidence the Operations of Money Transmitters;

III. Beneficiary Abroad, . . .

IV. Commission, . . .

V. Committee, . . .

VI. Control, . . .

VI Bis. Repealed.

VI Ter. Repealed.

VII. Concentrating Account, . . .

VII Bis. Repealed.

VIII. Device, the equipment that allows access to the worldwide network called Internet, which can be

used to carry out Operations;

IX.

Foreign Financial Entity, . . .

IX Bis. Repealed.

IX Ter. Repealed.

Trust, . . .

XI.

Electronic Signature, the traits or data in electronic form recorded in a Data Message, or

attached or logically associated with it by any technology, which are used to identify the subscriber or originator of the instruction of some Operation or financial service and indicate that the signer approves the information contained in the Data Message, and that produces the same legal effects as the handwritten signature;

XII. Advanced Electronic Signature, . . .

XIII.

Geolocation, the geographic coordinates of latitude and longitude where the

Device is located;

XIV. Risk Level, . . .

XV.

Technological Infrastructure, the computer equipment, data processing and

communications facilities, equipment and communications networks, operating systems, databases, applications and

systems that Money Transmitters use to support their operations;

XVI. Monetary Instrument, . . .

XVII. Law, . . .

XVIII. Blocked Persons List, . . .

XIX. Compliance Manual, the document referred to in the 54th of these Provisions.

XX. Data Message, the information generated, sent, received, or archived by electronic, optical, or any other technology means, in accordance with the Code of Commerce.

XX Bis. Repealed.

XXI. Mitigants, . . .

XXII. Novel Model, that which for the provision of financial services uses tools or technological means with modalities different from those existing in the market at the moment when the temporary authorization referred to in the Law to Regulate Financial Technology Institutions is granted;

XXIII. Compliance Officer, . . .

XXIV. Operations, . . .

XXV. Unusual Operation, . . .

XXVI. Concerning Internal Operation, . . .

XXVII. Relevant Operation, . . .

XXVIII. Coadjuvant Legal Person, the legal person or natural person with business activity

that is subject to the tax regime applicable to natural persons with business and professional activity,

in terms of sections I and II of Chapter II of Title IV of the Income Tax Law, that by virtue of a contractual relationship with a Money Transmitter agrees:

Receive from the Money Transmitter, by any means, rights or resources, to deliver them to the

Beneficiary User.

Deliver to the Money Transmitter, the rights or resources, that it receives from the Remitting User so that

they are delivered to the Beneficiary User.

It will not be understood as a Coadjuvant Legal Person the Money Transmitters and financial

entities that, in accordance with the laws that govern them, carry out the operations referred to in article

81-A Bis of the Law and that, by virtue of a contractual relationship established with a Money Transmitter,

carry out the operations described in the previous paragraph.

XXIX. Politically Exposed Person, . . .

XXX. Beneficial Owner, . . .

XXXI. Remitter Abroad, . . .

XXXII.

Risk, . . .

XXXIII. Ministry, . . .

XXXIV. Obligated Parties, . . .

XXXV. Third Party, the natural or legal person who by virtue of a contractual relationship established with a

Related Agent or a Coadjuvant Legal Person, receives from these, by any means, rights or resources in national currency or foreign exchange to deliver them to the Beneficiary User or, well, provides the Related Agent

or the Coadjuvant Legal Person with the rights or resources in national currency or foreign exchange that

it receives from the respective Remitting User so that they are delivered to the Beneficiary User corresponding.

Likewise, the natural or legal person who by virtue of a contractual relationship established with a

financial entity or a Money Transmitter, which in turn has established a contractual relationship with a

Money Transmitter so that this carries out through them fund transfers, receives from said

financial entity or from said Money Transmitter, by any means, rights or resources in national

currency or foreign exchange to deliver them to the Beneficiary User or, well, provides to said financial entity or to

said Money Transmitter with the rights or resources in national currency or foreign exchange that it receives from the respective

Remitting User so that they are delivered to the Beneficiary User corresponding.

XXXVI. Terms and Conditions, the legal bases and declarations that Money Transmitters

establish with their Users through computer applications, interfaces, Internet pages, or any other

means of electronic or digital communication in a format established by the Money Transmitter itself

for the celebration of Operations, activities, or services with these.

XXXVII. Money Transmitter, . . .

The delivery or sending of rights or resources referred to in the previous paragraph, may be carried out

directly by the Money Transmitter in its offices or by cable, facsimile, messenger services,

electronic media, electronic fund transfer, or by any route, or through a Related

Agent, a Coadjuvant Legal Person, a financial entity, or another Money

Transmitter, with whom it has established a contractual relationship to carry out through them fund transfers,

in case of having this.

. . .

XXXVIII. Foreign Money Transmitter, . . .

XXXIX.

User, . . .

. . .

Natural persons who prove to Money Transmitters that they are subject to the

tax regime applicable to natural persons with business and professional activity in terms of sections I and

II of Chapter II of Title IV of the Income Tax Law, shall be considered as legal persons for the purposes of what is established in these Provisions, except for what refers to the integration of their file, which must be carried out in terms of what is established in fraction II of the

4th and, in its case, of the 4th Bis, of these Provisions. In the present case, Money Transmitters

must additionally require the Federal Taxpayer Registry key (with homoclave) of the

said natural persons.

3rd.-. . .

The policy and guidelines mentioned above must form part of the Compliance Manual of the

Money Transmitter.

4th.- Money Transmitters must collect and conserve in the Files or Registries referred to in

these Provisions, the following data of the Users that must be obtained, when

the case arises, from an official identification referred to in this provision, prior to carrying out

said Operations.

Regardless of the amount of the fund transfer, Money Transmitters must:

When, at the request of their Users, Money Transmitters act as ordering parties, they must

collect and conserve:

Paternal surname, maternal surname, and name(s) without abbreviations or full denomination or business name,

or number or reference of the Trust, in its case, of the Remitting User.

ii.

Address of the Remitting User.

iii.

Reference number that the Money Transmitter has assigned to the transfer to

identify it individually.

iv.

Account number or reference number, in its case, of the Remitting User in the financial

entity, the Foreign Financial Entity, the Money Transmitter, or the Foreign Money

Transmitter from where the funds of the corresponding transfer originate.

Accompany the transfer in question with the information they obtain from their respective

Remitting Users referred to in items i., ii. and iii., of the first paragraph of this

subsection A;

ii.

The account number of the Remitting User referred to in item iv., of the first paragraph

of this subsection A, in case it has been used to process the respective

transfer;

iii.

Collect and conserve the following information regarding the Beneficiary User or recipient of

the transfer, whether natural or legal person, provided by the Remitting User:

iii.1.

Name and surname or surnames that correspond or, in its case, denomination or business

name.

iii.2.

Account number of said Beneficiary User or recipient, in case said

account is used to process the transfer in question.

iii.3.

As much data as, in its case, are provided by the Remitting User and the

system through which the transfer is carried out allows: Country of birth and date

of birth, national identity number or address, as appropriate for natural persons of Mexican or foreign nationality, or well, in the case of legal persons, tax identification number and country that issued it or address.

When Money Transmitters act as receivers of fund transfers, they

must collect and conserve:

Paternal surname, maternal surname, and name(s) without abbreviations or full denomination or business name

or number or reference of the Trust, as appropriate, of the natural person,

legal person, or Trust that orders the transfer that will be included in the respective

transfer.

ii.

Paternal surname, maternal surname, and name or names without abbreviations or full denomination or

business name or number or reference of the Trust, as appropriate, of the User

Beneficiary of the fund transfer, which must be obtained, when the case arises, from

an official identification referred to in this provision, at the time of carrying out

said Operations.

In the case of national fund transfers in foreign currency or international fund transfers, in addition to collecting and conserving the identification data referred to in this subsection, Money Transmitters must collect and conserve the following information regarding the person who ordered the transfer:

Account number of the person who ordered the transfer, in its case, or reference

number assigned by the entity sending the respective transfer that allows

tracking the transfer from its origin.

ii.

As much data as in its case, are transmitted by the entity sending the respective

transfer: Country and date of birth, national identity number or address, as

appropriate for natural persons of Mexican or foreign nationality, or well, in the case of legal persons, tax identification number and country that issued it or address.

Additionally, Money Transmitters must have policies and procedures

documented in their respective Compliance Manuals to which they must adhere to

identify, at the time of their receipt or subsequently, the transfers indicated in

this subsection B, which do not contain the information indicated in items i of the first and second

paragraphs of this subsection B, as well as include in said Manuals, at least, the criteria based

on risk that they will use to determine if it is appropriate to execute, reject, or suspend the

transfers they receive without the required information, as well as the actions they will take in

follow-up to this.

Money Transmitters ordering or receiving fund transfers referred to in the

present provision must verify the information of their Users when there is well-founded suspicion or

indication that the resources might be related to the acts or conduct referred to in the

Articles 139 Quáter or 400 Bis of the Federal Penal Code and, where applicable, generate the 24-hour Unusual Operation report. The policies and procedures to carry out the verification referred to in this paragraph must be included in their respective Compliance Manual.

For the purposes of this provision, Money Transmitters, whether acting as ordering parties or as receivers of fund transfers, must keep the respective information available to the Secretariat and the Commission, in order to remit it to them, upon request by the latter, within the timeframe established by the Commission itself.

Money Transmitters, acting as ordering parties or receivers of fund transfers, must upload to the systems indicated in the 40th of these General Provisions, no later than within two business days following the day on which the operation is carried out, the information and data referred to in this Provision, regarding their own Users, for each of the transfers they carry out, and incorporate it into the alert system referred to in the 16th of these Provisions.

In addition to the foregoing, taking into account the thresholds established below, as well as the type of User involved, Money Transmitters must compile and maintain an identification file for each of their Users.

To compile the identification files of Users, Money Transmitters must collect the data and documentation in person, as follows:

II.

Regarding those Users who carry out individual Operations for an amount equal to or greater than the equivalent of five hundred dollars and less than three thousand dollars of the United States of America, or its equivalent in the national currency or foreign currency in question, Money Transmitters, at the time of carrying out said Operations, must collect and keep in the systems referred to in the 40th of these Provisions, in addition to what is stated in fraction I of this provision, the following data that must be obtained, where applicable, from an official identification referred to in fraction IV, subsection A, subsubsection b), numeral i., of this provision:

. . .

Paternal surname, maternal surname, and first name or names without abbreviations.

ii.

Country of birth.

iii.

Nationality.

iv.

Date of birth.

Private address (composed of the name of the street, avenue, or route in question, duly specified, exterior number and, where applicable, interior number, neighborhood or urbanization, borough, municipality, or similar political demarcation that corresponds, where applicable, city or town, federal entity, state, province, department, or similar political demarcation that corresponds, where applicable, postal code, and country).

vi.

Number of their official identification, which can only be one of those indicated in fraction IV, subsection A, subsubsection b), numeral i., of this provision.

. . .

Trade name or corporate name.

ii.

Federal Taxpayer Registry Key (with homoclave) and, where applicable, tax identification number and/or equivalent, as well as the country or countries that assigned them.

iii.

Serial number of the Advanced Electronic Signature, when they have one.

iv.

Address (composed of the data referred to in numeral v. of subsection A above).

Nationality.

vi.

The data of the person who goes to the Money Transmitter on their behalf, under the same terms as those indicated in subsection A above.

. . .

Trust number or reference and, where applicable, Federal Taxpayer Registry Key (with homoclave) and serial number of the Advanced Electronic Signature, when required by tax laws.

ii.

Trade name or corporate name of the institution, entity, or company acting as trustee.

iii.

Paternal surname, maternal surname, and first name or names without abbreviations of the legal representative(s), attorney-in-fact(s), or fiduciary delegate(s).

III.

Regarding those Users who carry out individual Operations for an amount equal to or greater than the equivalent of three thousand dollars and less than five thousand dollars of the United States of America, or its equivalent in the national currency or foreign currency in question, Money Transmitters, in addition to collecting and keeping the data referred to in fractions I and II above, must collect and keep a copy of the official identification of the natural persons involved in the aforementioned Operations, under the terms of fraction IV, subsection A, subsubsection b), numeral i., of this provision.

IV.

Regarding those Users who carry out Operations for an amount equal to or greater than the equivalent of five thousand dollars of the United States of America, or its equivalent in the national currency or foreign currency in question, the Money Transmitter must compile and maintain an identification file for each of its Users, prior to the celebration of said Operations. To this effect, Money Transmitters must ensure that the identification file of each User contains, where applicable, what is established in fraction I of this provision, and meets, at least, the following requirements:

In the case of Users who are natural persons who declare to the Money Transmitter to be of Mexican nationality or foreign nationality under conditions of temporary or permanent resident stay under the Migration Law, or in the capacity of diplomatic and consular representations under the Guidelines for the issuance of non-ordinary visas:

The following identification data:

Paternal surname, maternal surname, and first name or names without abbreviations.

ii.

Gender.

iii.

Date of birth.

iv.

Federal entity of birth, where applicable.

Country of birth.

vi.

Nationality.

vii.

Occupation, profession, activity, or business sector to which the User is dedicated.

viii.

Private address at their place of residence (composed of the elements established for these purposes in numeral v. of subsection A of fraction II above).

ix.

Telephone number(s) where they can be reached.

Email address, where applicable.

xi.

Unique Population Registry Key and the Federal Taxpayer Registry Key (with homoclave), tax identification number and/or equivalent, as well as the country or countries that assigned them, when available.

xii.

Serial number of the Advanced Electronic Signature, when they have one.

In addition to the foregoing, regarding persons who have their place of residence abroad and, at the same time, have an address in national territory, where they can receive correspondence addressed to them, the Money Transmitter must record in the file the data relating to said address, with the same elements as those contemplated in numeral v. of subsection A of fraction II above.

Simple copy of the following documents:

Personal identification, which must, in all cases, be an original official document issued by a competent authority, valid on the date of its presentation.

For the purposes of what is provided in this subsection, the following documents issued by Mexican authorities will be considered valid personal identification documents: the voter credential, the passport, the professional ID card, the national military service card, the consular enrollment certificate, the military identity card, the card for affiliation to the National Institute of Older Adults, the credentials and cards issued by the Mexican Institute of Social Security, by the Institute of Security and Social Services for State Workers, by the Institute of Social Security for the Mexican Armed Forces, or by Seguro Popular, the driver's license, the credentials issued by federal, state, and municipal authorities as long as they contain a photograph and signature, as well as other national identifications that, where applicable, are approved by the Commission. Likewise, regarding natural persons of foreign nationality referred to in this subsection A, in addition to those previously referred to in this paragraph, the passport or passport card, or the documentation issued by the National Institute of Migration that accredits their migratory status, as well as the accreditation card issued by the Secretariat of Foreign Relations to diplomatic or consular bodies, will be considered valid personal identification documents.

ii.

Certificate of the Unique Population Registry Key, issued by the Secretariat of the Interior, a document in which the assignment of the tax identification number and/or equivalent issued by a competent authority is recorded, as well as a certificate of the Advanced Electronic Signature, when they have them. It will not be necessary to present the certificate of the Unique Population Registry Key if it appears in another document or official identification.

Money Transmitters will not be obligated to collect, include, and keep in the corresponding User's identification file a simple copy of the documents referred to in the previous paragraph, as long as Money Transmitters integrate into it the evidence that the documents and/or User data were presented and/or validated before the corresponding authority.

iii.

Proof of address, when the address declared by the User to the Money Transmitter does not coincide with that on the identification presented to them or if it does not contain it. In this case, it will be necessary for the Money Transmitter to collect and integrate into the respective file a simple copy of a document that accredits the User's address, which may be any receipt for payment for home services such as, among others, electricity supply, telephone, natural gas, property tax, or water supply rights or bank statements, all of them with an age not greater than three months from their date of issuance, or the valid lease contract on the date of presentation by the User, the proof of registration before the Federal Taxpayer Registry, as well as others that, where applicable, are approved by the Commission.

Regarding Operations involving the delivery of resources at the Beneficiary User's address, the document in which the receipt of resources at the User's address is recorded will be considered as proof of address. Likewise, in Operations of resource delivery through a financial entity with which the Money Transmitter has established a contractual relationship by virtue of which it carries out fund transfers through it, the proof of address will be made in accordance with the Provisions on the prevention of operations with proceeds of illicit origin and financing of terrorism, applicable to said Financial Entities, for these purposes, who, where applicable, will keep the respective proof. In Operations involving the delivery of resources through Related Agents or Jointly Aid Legal Persons, for amounts equal to or greater than the equivalent in national currency to five thousand dollars of the United States of America, the proof of address must be carried out in accordance with the first paragraph of this numeral iii.

iv.

Declaration of the natural person, which may be granted in writing, by electronic, optical, or any other technology that may be included in the documentation of the respective Operation and which, in all cases, the Money Transmitter must keep as part of the User's identification file, in which it is recorded that such person acts for these purposes on their own behalf or on behalf of a third party, as the case may be.

In the event that the natural person declares to the Money Transmitter that they act on behalf of a third party, said Money Transmitter must observe what is provided in subsection E of this fraction regarding the Beneficial Owner of the resources involved in the corresponding Operation.

In the event that the natural person acts as an attorney-in-fact for another person, the respective Money Transmitter must collect and integrate into the identification file of the User in question a simple copy of the power of attorney or the certified copy of the document issued by a public notary, as applicable, under the terms established in common legislation, which accredits the powers conferred to the attorney-in-fact, as well as an official identification and proof of address for this person, which meet the requirements indicated in this subsection A, independently of the data and documents relating to the principal.

Regarding Users who are legal persons of Mexican nationality:

The following identification data:

Trade name or corporate name.

ii.

Commercial activity, activity, or corporate purpose.

iii.

Nationality.

iv.

Federal Taxpayer Registry Key (with homoclave).

Serial number of the Advanced Electronic Signature.

vi.

Address (composed of the name of the street, avenue, or route in question, duly specified; exterior number and, where applicable, interior number; neighborhood; borough or municipality or similar political demarcation that corresponds, where applicable; city or town; federal entity, and postal code).

vii.

Telephone number(s) of said address.

viii.

Email address, where applicable.

ix.

Date of constitution.

First name or names and paternal and maternal surnames, without abbreviations, of the administrator or administrators, director, general manager, or legal representative who, with their signature, can bind the legal person for the purposes of celebrating the Operation in question, coming from a valid official personal identification document, issued by a competent authority, in accordance with this fraction IV, subsection A, subsubsection b), numeral i., of this Provision.

Simple copy of the following documents:

Testimony or certified copy of the public instrument that accredits its legal existence registered in the public registry that corresponds, according to the nature of the legal person, or of any instrument in which the data of its constitution and its registration in said registry are recorded, or well, of the document that, according to the regime applicable to the legal person in question, credibly accredits its existence.

In the event that the legal person is of recent constitution and, by virtue thereof, is not yet registered in the public registry that corresponds according to its nature, the Money Transmitter in question must obtain a written document signed by a person legally authorized to accredit their personality under the terms of the public instrument that accredits its legal existence referred to in subsubsection b), numeral iv., of this subsection B, in which the obligation to carry out the respective registration and provide, in due course, the corresponding data to the Money Transmitter itself is recorded.

ii.

Tax Identification Card issued by the Secretariat and, where applicable, the document in which the assignment of the tax identification number and/or equivalent issued by a competent authority or certificate of the Advanced Electronic Signature is recorded.

iii.

Proof of address referred to in numeral vi., of subsubsection a) of this subsection B, in terms of what is stated in numeral iii., of subsubsection b), of subsection A above.

iv.

Testimony or certified copy of the instrument containing the powers of the representative or legal representatives, issued by a public notary, when not contained in the public instrument that accredits the legal existence of the legal person in question, as well as the personal identification of each of said representatives, in accordance with numeral i., of subsubsection b), of subsection A above.

Regarding federal, state, and municipal public departments and entities, as well as other Mexican legal persons of public law, to accredit their legal existence as well as to prove the powers of their legal representatives and/or attorneys-in-fact, the provisions of the laws, regulations, decrees, or organic statutes that create and regulate their constitution and operation shall apply, and where applicable, a copy of their appointment or by public instrument issued by a notary, as applicable.

Money Transmitters must record in the identification file of the User that is a currency exchange center, another Money Transmitter, or a multiple-object financial company, the registration data that the Commission or the National Commission for the Protection and Defense of Users of Financial Services had granted them, as applicable, which must be obtained from the public records under the charge of said commissions.

User information that allows the Money Transmitter to know:

Shareholder structure or social parts, as applicable.

ii.

In the event that it has a Risk Grade different from low, its internal corporate structure; that is, the organizational chart of the User legal person, considering at least, the full name and position of those individuals who hold positions between general director and the immediate lower hierarchy, as well as the full name and corresponding position of the members of its board of directors or its equivalent.

Likewise, Money Transmitters must identify the Beneficial Owners of their legal person Users who exercise Control over them in terms of the second paragraph of fraction VI of the 2nd of these Provisions, in accordance with what is established in subsection E of this fraction IV.

When there is no natural person who owns or controls, directly or indirectly, a percentage equal to or greater than 25% of the capital or voting rights of the legal person in question, or who by other means exercises Control, direct or indirect, of the legal person, it will be considered that the administrator or administrators thereof exercise said Control, understanding that the person designated for such effect by this exercises administration.

When the designated administrator is a legal person or Trust, it will be understood that Control is exercised by the natural person appointed as administrator by said legal person or Trust.

For the purposes of this subsection, Money Transmitters must collect a written declaration, by electronic, optical, or any other technology, from the legal representative of the legal person User in question, in which it is indicated who their Beneficial Owners are in terms of this subsection.

In the event that Money Transmitters have indications that make the truthfulness of the declared information questionable, they must take reasonable measures to determine and identify the Beneficial Owners of the corresponding legal person User.

Regarding Users who are persons of foreign nationality:

For the case of the natural person who declares to the Money Transmitter that they do not have the condition of temporary or permanent resident stay under the terms of the Migration Law or the quality of diplomatic and consular representations under the terms of the Guidelines for the issuance of non-ordinary visas:

The respective identification file must contain the same data as those indicated in subsubsection a) of subsection A of this fraction IV above, with the exception of the data of the federal entity of birth.

ii.

Collect and include in said file a simple copy of the following documents:

ii.1.

Passport or passport card and official document issued by the National Institute of Migration, when they have the latter, that accredits their entry or legal stay in the country, or well, the accreditation card issued by the Secretariat of Foreign Relations to diplomatic and consular bodies.

ii.2.

Document that accredits the User's address at their place of residence, in terms of numeral iii., of subsubsection b), of subsection A of this fraction IV.

ii.3.

Declaration in terms of numeral iv., subsubsection b), of subsection A of this fraction IV.

For the case of foreign legal persons:

The respective identification file must contain the following data recorded:

i.1.

Trade name or corporate name.

i.2.

Commercial activity, activity, or corporate purpose.

i.3.

Nationality.

i.4.

Federal Taxpayer Registry Key (with homoclave) and/or tax identification number and/or equivalent, the country or countries that assigned them, and, where applicable, the serial number of the Advanced Electronic Signature.

i.5.

Address (composed of the name of the street, avenue, or route in question, duly specified; exterior number and, where applicable, interior number; neighborhood or urbanization; borough or municipality or similar political demarcation that corresponds, where applicable; city or town, federal entity, state, province, department, or similar political demarcation that corresponds, where applicable; postal code, and country).

i.6.

Telephone number(s) of said address.

i.7.

Email address, where applicable.

i.8.

Date of constitution.

ii.

Collect and include in said file a simple copy of, at least, the following documents:

ii.1.

Document that credibly proves its legal existence, document in which the assignment of the tax identification number and/or equivalent issued by a competent authority is recorded, as well as obtain the information and collect the data referred to in subsubsection c) of subsection B of this fraction IV.

The Money Transmitter must require that the document referred to in the previous paragraph be duly legalized or, in the event that the country where said document was issued is a party to the "Convention Abolishing the Requirement of Legalization for Foreign Public Documents," adopted in The Hague, Netherlands, on October 5, 1961, it will be sufficient that said document bear the apostille referred to by said Convention.

In the event that the respective User does not present the legalized or apostilled documentation, it will be the responsibility of the Money Transmitter to ensure the authenticity of said documentation.

ii.2.

Proof of address referred to in number i.5, of numeral i., of this subsection b), in terms of what is stated in numeral iii., of subsubsection b), of subsection A of this fraction IV.

ii.3.

Testimony or certified copy of the instrument containing the powers of the representative or legal representatives, issued by a public notary, when not contained in the document that credibly proves the legal existence of the legal person of

that is concerned, as well as the personal identification of said representatives, in accordance with

item i., sub-item b), of section A of this fraction IV or number ii.1., of

item ii., of sub-item a) of this section C, as applicable.

In the case of those legal representatives who are located outside the national territory and who do not possess a passport, the personal identification must be, in any case, an original official document issued by the competent authority of the country of origin, valid on the date of its presentation, which contains the photograph, signature and, if applicable, the domicile of the aforementioned representative.

For the purposes of the foregoing, valid personal identification documents shall be considered to be driver's licenses and credentials issued by federal authorities or equivalents of the country in question. The verification of the authenticity of said documents shall be the responsibility of Money Transmitters.

Regarding the companies, departments and entities referred to in Annex 1 of these Provisions:

The following identification data:

Name or corporate name.

ii.

Activity or corporate purpose.

iii.

Federal Taxpayer Registry (with homoclave) and, if applicable, tax identification number and/or equivalent, as well as the country or countries that assigned them.

iv.

Serial number of the Advanced Electronic Signature, when they have one.

Domicile (composed of street name, exterior number and, if applicable, interior number, neighborhood, city or town, borough or municipality, federal entity and postal code).

vi.

Nationality.

vii.
Phone number(s) for said domicile.

viii.
Email address, if applicable.

ix.
Full name without abbreviations of the administrator or administrators, director, general manager or legal representative who, with their signature, can bind the company, department or entity for the purposes of celebrating the Operation in question.

b)
Simple copy of the following documents:

i.
Notarized copy or certified copy of the instrument containing the powers of the representative or legal representatives, issued by a public notary.

Regarding the representative of a credit institution, the certification of appointment issued by a competent official in terms of article 90 of the Credit Institutions Law.

To prove the powers of the representatives of federal, state and municipal public departments and entities, as well as other Mexican legal persons of public law, the provisions of the penultimate paragraph, of sub-item b), of section B, of this fraction IV shall apply.

ii.
Personal identification of such representatives, in accordance with item i., sub-item b), of section A of this fraction IV.

Money Transmitters may apply the simplified measures referred to in this section D, provided that the aforementioned companies, departments and entities have been classified as Users with a Low Risk Grade in terms of the 16th of these Provisions.

Regarding Beneficial Owners, Money Transmitters must collect the same data and documents as those established in sections A or C, of fraction IV of this provision, as applicable. With regard to the domicile, in case of not having the data and document of the private residence at their place of residence, it will suffice to obtain the corresponding ones for the domicile where they can be located.

When the obligation to identify the Beneficial Owner derives from a User who is classified with a Low Risk Grade, the document referred to in item iii., of sub-item b), of section A of this fraction IV and number ii.2., of item ii., of sub-item b), of section C of this fraction IV of this Provision, respectively, shall not be collected.

This, in accordance with the measures established for such purposes in their Compliance Manual, or in another document or manual prepared by the Money Transmitters themselves.

Additionally, the Money Transmitter must identify whether the Beneficial Owner is a Politically Exposed Person and, if identified as such, must comply with what is established in the 17th and 19th of these Provisions.

Regarding legal persons whose titles representing their social capital or securities that represent such shares trade on any stock exchange in the country or in foreign securities markets recognized as such in terms of the general provisions applicable to stock exchanges published in the Official Journal of the Federation on May 15, 2017 and their respective modifications, as well as subsidiaries thereof in which they hold a majority participation of over fifty percent in their social capital, Money Transmitters will not be obligated to collect the aforementioned identification data, considering that they are subject to provisions in matters of stock market disclosure of information.

. . .

Regarding Trusts:

. . .

i.
Number or reference of the Trust and, if applicable, Federal Taxpayer Registry (with homoclave), tax identification number and/or equivalent, the country or countries that assigned them, as well as the serial number of the Advanced Electronic Signature, when by fiscal laws they must have these.

ii.
Purpose of the Trust and, if applicable, indicate the vulnerable activity(ies) carried out in terms of article 17 of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin.

iii.
Place and date of constitution or celebration of the Trust.

iv.
Name or corporate name of the trust institution.

v.
Trusted assets (goods and rights).

vi.
Contributions by the settlors.

vii.
Identification data, in terms of this Provision, as applicable, of the settlors, beneficiaries, trust delegates and, if applicable, members of the technical committee or governing body equivalent, legal representative(s) and legal agent(s).

b)
Simple copy of the following documents:

i.
Contract, notarized copy or certified copy of the public instrument that proves the celebration or constitution of the Trust, registered, if applicable, in the public registry that corresponds, or well, of the document that, according to the regime applicable to the Trust in question, reliably proves its existence.

In the event that the Trust is of recent constitution and, in virtue thereof, is not yet registered in the public registry that corresponds according to its nature, the Money Transmitter in question must obtain a written statement signed by a person legally authorized to prove their personality in terms of the public instrument referred to in item iii., of this sub-item b), in which the obligation to carry out the respective registration and provide, in due course, the corresponding data to the Money Transmitter itself is recorded.

ii.
Proof of domicile, in terms of what is stated in item iii., of sub-item b), of section A, of fraction IV of this provision.

iii.
Notarized copy or certified copy of the instrument containing the powers of the legal representative(s), legal agent(s) or trust delegate(s), issued by a public notary, when they are not contained in the public instrument that proves the legal existence of the Trust in question, as well as the personal identification of each one of said representatives, agents or trust delegates, in accordance with item i., of sub-item b), of section A, in fraction IV of this provision.

iv.
Tax Identification Card issued by the Secretariat and, if applicable, the document in which the assignment of the tax identification number and/or equivalent issued by competent authority is recorded, as well as certificate of the Advanced Electronic Signature, when the Trust has one.

Money Transmitters must integrate the identification file of the beneficiaries who are not individualized in the contract, at the moment when they go to exercise their rights derived from the Trust contract. The obligation established in this paragraph will not be applicable to those Trusts where there is intermediation of securities, in which case the obligation will fall on the financial entity that carries out such intermediation.

Money Transmitters will not be obligated to integrate the identification file when it comes to Trusts in which the contributions intended for labor benefits or for the social security of workers come from the workers themselves or from the employers, and the settlor is always a public entity that allocates the funds in question for the aforementioned purposes.

Money Transmitters may comply with the obligation (a) to collect the document referred to in item i., of sub-item b) of this section, and (b) referred to in section E, fraction IV of this provision, respectively, through a certificate signed by the trust delegate and the Compliance Officer of the entity, institution or company acting as trustee, which must contain the information indicated in the previous sub-item, as well as the obligation to keep such documentation available to the Secretariat and the Commission, in order to submit it, upon request of the latter, within the timeframe established by the Commission itself.

. . .

The identification data and documents, as well as, if applicable, the identification file of the User that Money Transmitters must collect or integrate in terms of these Provisions can be used for all Operations that the same User carries out with the Money Transmitter that integrated it, taking into consideration the thresholds and requirements that correspond in terms of this provision or the 4th Bis, as applicable, provided that there is a mechanism to verify that it is the same User, in the terms that the Money Transmitter establishes in its Compliance Manual.

Money Transmitters, when collecting simple copies of the documents that must integrate the identification files of the User, in accordance with what is stated by this provision, must ensure that these are legible and compare them against the corresponding original documents that they have in view in a presencial manner.

. . .

For the purposes of calculating the amount in United States dollars of the Operations indicated in this provision, the exchange rate to settle obligations denominated in foreign currency payable in the Mexican Republic will be considered, which is published by the Bank of Mexico in the Official Journal of the Federation, on the next banking day immediately preceding the date on which the Operation is carried out.

Money Transmitters may keep, in their Files or Records, separately, the data and documents that should form part of the identification files of their Users, without the need to integrate them into a single physical file, provided that they have automated systems that allow them to gather said data and documents for timely consultation by the Money Transmitters themselves or by the Secretariat or the Commission, upon request of the latter, in terms of these Provisions and the others that are applicable.

4th Bis.- Money Transmitters that carry out Operations through Devices, may collect, previously to their celebration, the data or documents and, if applicable, integrate the identification file of the User in a non-presencial manner, regarding Users who are natural persons of Mexican nationality or foreign, in accordance with Annex 2 of these Provisions, for which, in addition to the data or documents of identification, as the case may be, referred to in the 4th of these Provisions, they must require and obtain from their Users, prior consent of these, the Geolocation of the Device from which they operate, as well as:

a)
Voter Key, if applicable.

b)
Consent.

c)
Email address or cell phone.

d)
In the event that the resources come from a checking account, account number and/or Basic Standardized Key (CLABE) assigned by the financial entity or Foreign Financial Entity authorized to receive deposits, and that corresponds with the name of the User.

e)
The declaration of the natural person stating whether they act on their own behalf or on behalf of a third party, in case of declaring that they act on behalf of a third party, the provisions of the 4th, fraction IV, section A, sub-item b), item iv. of these Provisions shall apply. Such declaration may be established in the Terms and Conditions established for this purpose by the Money Transmitter.

f)
The digital version of the valid official personal identification document current from which the data referred to in this Provision originate, which when kept in a Data Message must comply with the Mexican official standard on digitization and conservation of Data Messages applicable.

Money Transmitters must not carry out Operations in a non-presencial manner with Users who are natural persons of Mexican nationality or foreign, when they do not collect the data related to Geolocation.

The consent that in terms of this Provision Money Transmitters collect from their Users, may be obtained through Electronic Signature, Advanced Electronic Signature, or in accordance with Annex 2 of these Provisions. Said User consent will serve as proof to legally certify the Operations that they carry out with the Money Transmitter in a non-presencial manner.

A valid official personal identification document current for the fulfillment of this Provision will be understood to be the voter credential issued by the National Electoral Institute and the other national identifications that, if applicable, are approved by the Commission.

Money Transmitters may collect digital versions of the documentation referred to in this Provision, in a non-presencial manner and through optical means or any other technology.

The digital versions that Money Transmitters collect for identification purposes must allow their verification in terms of these Provisions. Likewise, said digital versions must be kept in their Files or Records in accordance with these Provisions.

Money Transmitters must establish in their Compliance Manual, the criteria and mechanisms that they will adopt for compliance with what is stated in this Provision.

7th.- Money Transmitters are prohibited from carrying out Anonymous Operations, under fictitious names or in which the User or Beneficial Owner cannot be identified, so they may only celebrate Operations with their Users when they have complied with the identification requirements of them, in accordance with these Provisions.

7th Bis.- Money Transmitters cannot apply to their Users the simplified measures that are provided for in this Chapter, when they have a well-founded suspicion or indications, that the resources, goods or values that their Users intend to use to carry out an Operation, could be related to the acts or conduct referred to in articles 139 Quater or 400 Bis of the Federal Penal Code.

The policies, criteria, measures and procedures that Money Transmitters develop to determine what is stated in the previous paragraph must be documented in their Compliance Manual.

7th Ter.- Money Transmitters may suspend the identification process of their possible User, when they reasonably estimate:

I.
That they could be related to acts or conduct referred to in articles 139 Quater or 400 Bis of the Federal Penal Code.

II.
That continuing with the identification process could prevent or alert the User that the Money Transmitter considers that the resources are related to acts or conduct referred to in articles 139 Quater or 400 Bis of the Federal Penal Code.

III.
When they identify the existence of Risks in accordance with the criteria established in the Compliance Manual.

In the event of carrying out the suspension referred to in this provision, Money Transmitters must generate the Unusual Operation report of 24 hours corresponding, with the information that they have about the possible User in question, which may be prepared manually.

The report referred to in the previous paragraph must be sent to the Secretariat, through the Commission, within 24 hours counted from the time the Money Transmitter knows the information stated in this provision, through the corresponding official format.

Money Transmitters, for the purposes of what is established in this Provision, must establish in their Compliance Manual, or in another document or manual prepared by the Money Transmitter itself, the policies, criteria, measures and procedures necessary.

8th.- For the carrying out of Operations through electronic, optical means or any other technology, Money Transmitters must previously integrate the identification file of the User in accordance with what is established in these Provisions, establish mechanisms to identify the same in accordance with Annex 2 of these Provisions, as well as develop procedures to prevent the misuse of said means or technologies, which must be contained in their Compliance Manual.

8th Bis.- Money Transmitters must verify the data and documents that their possible Users provide them to prove their identity.

The verification referred to in the previous paragraph may be carried out in a non-presencial manner in accordance with Annex 2 of these Provisions, insofar as it is applicable.

Additionally, Money Transmitters must inform their Users that they cannot carry out Operations until the verification process referred to in this Provision is concluded.

Money Transmitters must establish in their Compliance Manual, the policies, criteria, measures and procedures that they will adopt for compliance with what is stated in this provision.

The verification of the data and documents referred to in this Provision, obtained from their Users, may be carried out by third parties without this exempting Money Transmitters from compliance with the obligations provided for in these Provisions.

9th.- Money Transmitters must establish mechanisms to follow up and, if applicable, group the Operations in foreign currency that, individually, their Users carry out in cash, for amounts equal to or greater than five hundred United States dollars or its equivalent in the national currency or foreign currency in question.

. . .

10th.- Money Transmitters that commercialize prepaid bank cards in foreign currency, in accordance with the regulations issued by the Bank of Mexico as well as any type of payment medium that allow their holders, through advance credits, to make payments or withdraw cash in commercial establishments or automated teller machines both in national territory as abroad issued by financial entities supervised in matters of prevention of operations with resources of illicit origin and financing of terrorism, must establish mechanisms to follow up the operations that their Users carry out with said payment media. For the purposes of the foregoing, Money Transmitters must collect and keep in the systems referred to in the 40th of these Provisions, the data indicated in fraction IV of the 4th or in the 4th Bis of these Provisions, depending on whether it concerns natural persons, legal persons or Trusts, including the corresponding information to third parties who through the User carry out the operation in question.

The mechanisms cited in the previous paragraph must allow the identification of the date and the branch of the Money Transmitter, Related Agent or Legal Person Cooperator in which the purchase or reload operations mentioned in said paragraph were carried out, as well as the amounts of the same. Likewise, if the aforementioned operations were carried out through another Money Transmitter or a financial entity, with which the Money Transmitter has established a contractual relationship by virtue of which it effects fund transfers through them, the date and branch of said Money Transmitters and financial entities in which said operations were carried out must be identifiable, as well as the amounts of the same.

. . .

II.

. . .

b)
Evaluate the controls they have, in order to determine that they comply with the international standards applicable in matters of prevention of operations with resources of illicit origin and financing of terrorism. The criteria according to which Money Transmitters will carry out the evaluation stated in this section must be contemplated in their Compliance Manual, or in another document or manual prepared by the Money Transmitter in question, and

. . .

11th.-. . .

. . .

I.
The data referred to in the 4th or 4th Bis of these Provisions, depending on whether it concerns natural persons, legal persons or Trusts, as well as occupation or profession, activity, corporate purpose, business line or purpose of the Trust;

II.

. . .

III.
Branch of the Money Transmitter, Related Agent or Legal Person Cooperator in which each of the Operations indicated in this provision was carried out. Likewise, if the aforementioned Operations were carried out through another Money Transmitter or a financial entity, with which the Money Transmitter has established a contractual relationship by virtue of which it effects fund transfers through them, the branch of said Money Transmitters and Financial Entities in which they were carried out must be registered.

. . .

12th.- Money Transmitters will verify that the identification files of their Users legal persons, regardless of their Risk Grade, contain all the data and documents

provided for in the 4th of these General Provisions, as well as that such data and documents are updated, understanding that Money Transmitters may opt not to carry out the update of the latter, in case it concerns a Corporate User with a Low Risk Grade. The foregoing, under the terms and conditions that Money Transmitters establish in their Compliance Manual. Likewise, they will verify, at least once a year, that the identification files of their Users classified as High Risk Grade, are updated with all the data and documents provided for in the 4th, 4th Bis, 19th, and 21st of these General Provisions.

If a User carries out Operations on a daily basis with a Money Transmitter, and the latter detects significant changes in the usual transactional behavior of the former, without there being a justified cause for it, or if doubts arise regarding the truthfulness or accuracy of the data or documents provided by the User themselves, among other circumstances that the Money Transmitter itself establishes in its Compliance Manual, it will reclassify said User into the higher Risk Grade that corresponds, according to the results of the analysis that, if applicable, the Money Transmitter carries out, and must verify and request the update of both the data and identification documents, among other measures that the Money Transmitter deems convenient.

Money Transmitters may comply with the obligation to update the files of their Users in accordance with this General Provision remotely, regardless of the manner in which the identification data or documents were collected or, if applicable, the identification file was integrated, being obliged, in any case, to collect the data and documents that apply according to the type of User, and to carry out the respective verification.

Money Transmitters must establish in their Compliance Manual, the policies, criteria, measures, and procedures that they must adopt to comply with what is stated in this provision, including the circumstances in which a visit to the domicile of Users classified as High Risk Grade must be carried out, in order to properly integrate the files and/or update the corresponding data and documents, in which case a record of the results of such visit must be left in the respective file.

12th-1. Money Transmitters must design and implement a methodology to carry out a Risk Assessment of the risks to which they are exposed derived from their products, services, Users, countries or geographic areas, transactions, and sending or distribution channels with which they operate.

The design of the methodology referred to in the preceding paragraph must be established in their Compliance Manual, or in another document or manual prepared by the Money Transmitter, and must establish and describe all the processes that will be carried out for the identification, measurement, and mitigation of Risks, for which they must take into account, the Risk factors that they have identified for such effect, as well as the information that applies given the context of each Money Transmitter contained in the national risk assessment and its updates, which the Secretariat makes known to them through the Commission.

Likewise, Money Transmitters will carry out a Risk Assessment of the risks to which they are exposed in accordance with what is established in this Chapter, prior to the launch or use of new services, Users, countries or geographic areas, sending or distribution channels, transactions, or Technological Infrastructures.

12th-2. Money Transmitters, for the design of the risk assessment methodology, must comply with the following:

I.
Identify the elements and indicators associated with each of them that explain how and to what extent the Money Transmitter may be exposed to Risk, considering at least, the following elements:

a)
Products and services.

b)
Users.

c)
Countries and geographic areas.

d)
Transactions and sending or distribution channels linked to the Operations of the Money Transmitter with its Users.

Within the process of identifying Risk indicators, the total of the products, services, types of Users, countries or geographic areas, transactions, and sending or distribution channels with which the Money Transmitter operates must be considered.

II.
Use a method for the measurement of Risks that establishes a relationship between the indicators referred to in the previous fraction I and the element to which they belong, as well as assign a weight to each of them consistently based on their importance to describe said Risks. In turn, a weight must be assigned to each of the defined Risk elements consistently based on their importance to describe the Risks to which the Money Transmitter is exposed.

III.
Identify the Mitigants that the Money Transmitter has implemented at the time of the design of the methodology, considering all the internal policies, criteria, measures, and procedures referred to in the 54th of these General Provisions, as well as their effective application, in order to establish the effect that these will have on the indicators and Risk elements indicated in the previous fraction I, as well as on the Risk of the Money Transmitter.

12th-3. Money Transmitters must implement the designed methodology and obtain the results thereof in order to know the Risks to which they are exposed. In the implementation of the risk assessment methodology, Money Transmitters must ensure:

I.
That there are no inconsistencies between the information they incorporate into this and that which is in their automated systems.

II.
Use, at least, the information corresponding to the total number of Users, number of Operations, and amount operated corresponding to a period that cannot be less than twelve months.

When, as a result of the implementation of the risk assessment methodology, the existence of greater or new Risks for the Money Transmitters themselves is detected, they must modify the policies, criteria, measures, and procedures that correspond, contained in the Compliance Manual, or in another document or manual prepared by the Money Transmitter, in order to establish the Mitigants they consider necessary based on the identified Risks, as well as to maintain them at an acceptable tolerance level in accordance with what is established in the Compliance Manual.

The modifications to the internal policies, criteria, measures, and procedures referred to in the preceding paragraph, derived from the results of the implementation of the risk assessment methodology, must be carried out within a period not exceeding twelve months counted from the time the Money Transmitter has the results of its implementation and must be clearly identified and indicated, indicating at least the year and month in which the results of the implementation of the methodology that gave rise to said modifications were obtained.

12th-4. The compliance and results of the obligations contained in this Chapter must be reviewed and updated by Money Transmitters: when the existence of new Risks is detected, when the national risk assessment is updated, or within a period not exceeding 12 months from the time the Money Transmitter obtains the results of its implementation. Such reviews and updates must be in writing and be available to the Secretariat and the Commission, upon request of the latter, within the period established by the Commission itself.

Money Transmitters must conserve the information generated as a result of this Chapter for a period of no less than five years and provide it to the Secretariat and the Commission, upon request of the latter, within the period established by the Commission itself.

12th-5. Money Transmitters must comply with all the obligations contained in these General Provisions, in accordance with the results generated by their methodologies referred to in this Chapter.

12th-6. The Commission, prior to the opinion of the Secretariat, will elaborate guidelines, guides, and/or best practices that Money Transmitters will consider for the better compliance with what is provided in this present Chapter, which will be made known through the electronic means established by the same.

13th. . . .

Such policy must form an integral part of the Compliance Manual of each Money Transmitter.

. . .

15th. . . .

In the case of Operations carried out remotely, in addition to the elements for determining the transactional profile of the User indicated in the preceding paragraph, the Money Transmitter must take into account the Geolocation of the Device from which the Operation is carried out.

16th. The application of the user knowledge policy must be based on the Risk Grade that Users represent, such that, when the Risk Grade is higher, Money Transmitters must collect more information about their predominant activity, as well as carry out stricter supervision of their transactional behavior.

. . .

In the case of operations carried out remotely referred to in the 4th Bis of these General Provisions, Money Transmitters must consider the Device Geolocation information from which the User carries out the Operation, activity, or service with the respective Money Transmitter.

Money Transmitters, under the terms provided for this purpose in their own Compliance Manual, will apply to their Users who have been classified as High Risk Grade, as well as to new Users who meet such characteristics, identification questionnaires that allow obtaining more information about the origin and destination of resources and the activities and Operations they carry out or intend to carry out.

The questionnaires referred to in the preceding paragraph may be carried out remotely, by digital or electronic means, in order to ensure truthfulness and security in their preparation, which in any case must contain the consent referred to in the 4th Bis of these General Provisions, by the person who signs them.

To determine the Risk Grade in which Users should be located, as well as whether they should be considered Politically Exposed Persons, each Money Transmitter will establish in its Compliance Manual the criteria conducive to that end, which take into account, among other aspects, the User's background, profession, activity, or business sector, the origin and destination of their resources, their place of residence, the methodology referred to in Chapter II Bis of these General Provisions, and the other circumstances determined by the Money Transmitter.

17th. For cases where a Money Transmitter detects that a User meets the requirements to be considered a Politically Exposed Person and, in addition, of High Risk Grade, said Money Transmitter must, in accordance with what it establishes for this purpose in its Compliance Manual, obtain the approval of an executive, or their equivalent, or a person with a high level of responsibility who has specific powers to approve the celebration of said Operations, in order to carry out the Operation in question.

18th. Prior to the celebration of Operations with Users who, due to their characteristics, could generate a high Risk for the Money Transmitter, at least one executive, or their equivalent, or a person with a high level of responsibility who has specific powers to approve the celebration of said Operations must grant, in writing, digitally or electronically, the respective approval.

Likewise, Money Transmitters must provide in their Compliance Manual, the mechanisms for their respective Compliance Officers to be aware of those Operations that could generate a high Risk for the Money Transmitters themselves, as well as the procedures that must be carried out to process the approval indicated in this provision.

19th. . . .

. . .

In the Operations carried out by Users who have been classified as High Risk Grade, Money Transmitters will adopt measures to know the origin of the resources and will seek to obtain the data indicated in Chapter II of these General Provisions, under the terms provided for this purpose in their Compliance Manual, or in another document or manual prepared by them, regarding the spouse and economic dependents of the User, as well as the companies and associations with which they maintain patrimonial links, in the case of natural persons, and, in the case of legal entities, their main shareholders or partners, as applicable, while in the case of Trusts, they will seek to collect the same data regarding the spouse and economic dependents of the settlors and beneficiaries who are natural persons, as well as the companies and associations with which they maintain patrimonial links, and, regarding settlors and beneficiaries who are legal entities, their corporate structure and their main shareholders or partners, under the terms provided for this purpose in their Compliance Manual, or in another document or manual prepared by them. In the case of foreign Politically Exposed Persons, Money Transmitters must obtain, in addition to the reference data, the documentation indicated in Chapter II of these General Provisions, regarding the natural and legal persons mentioned above in this paragraph.

Without prejudice to the foregoing, in the case of Corporate Users whose share certificates representing their social capital or securities representing said shares trade on any stock exchange in the country or in foreign securities markets recognized as such in terms of the General Provisions applicable to stock exchanges published in the Official Journal of the Federation on May 15, 2017, and their respective modifications, as well as those subsidiaries in which they have a majority participation of fifty percent in their social capital, Money Transmitters will not be obliged to collect the aforementioned identification data, considering that they are subject to provisions in securities matters regarding information disclosure.

Money Transmitters, under the terms provided for this purpose in their Compliance Manual, or in another document or manual prepared by them, must develop mechanisms to establish the Risk Grade of the Operations they carry out with Politically Exposed Persons of Mexican nationality and, for this purpose, Money Transmitters will determine if the transactional behavior reasonably corresponds to the functions, level, and responsibility of said persons, according to the knowledge and information available to said Money Transmitters.

20th. When a Money Transmitter has information based on indications or certain facts about the fact that one of its Users acts on behalf of another person, without having declared it in accordance with what is indicated in the 4th or 4th Bis of these General Provisions, said Money Transmitter must request from the User in question, information that allows it to identify the Beneficial Owner of the resources involved in the respective Operation, without prejudice to the duties of confidentiality towards third parties that said User has assumed by conventional means.

Both in the circumstance provided for in the preceding paragraph of this provision, and in that in which doubts arise in the Money Transmitter regarding the truthfulness or authenticity of the data or documents provided by the User for identification purposes, or regarding the transactional behavior of the User in question, said Money Transmitter must carry out a specific and comprehensive follow-up of the Operations that said User carries out, in accordance with what it establishes for this purpose in its Compliance Manual and, if applicable, submit them to the consideration of the Committee, who must rule and, in the event that it proceeds, issue the corresponding Unusual Operation report.

21st. Without prejudice to what is stated in the 4th of these General Provisions, Money Transmitters must establish in their Compliance Manual, procedures to identify the Beneficial Owners of the resources used by Users in their Operations, for which they must:

I. to III. . . .

. . .

25th. . . .

I.
In the event that the Beneficiary User is a natural person:

i.
Paternal surname, maternal surname, and name or names without abbreviations.

ii.
Date of birth.

iii.
In the event that, in accordance with what is established in the 4th or 4th Bis of these General Provisions, it is applicable to them, the Unique Population Registry Key and/or Federal Taxpayer Registry key (with homoclave), tax identification number and/or equivalent, as well as the country or countries that assigned them or the serial number of the Advanced Electronic Signature, when they have it.

II.
In the event that the Beneficiary User is a legal entity:

i.
Trade name or corporate name.

ii.
Commercial sector, activity, or corporate purpose, in accordance with what is established in the 4th or 4th Bis of these General Provisions.

iii.
Federal Taxpayer Registry Key (with homoclave) and, if applicable, tax identification number and/or equivalent, as well as the country or countries that assigned them and the serial number of the Advanced Electronic Signature, when they have it.

. . .

27th. . . .

I. to XI. . . .

XII.
When it is presumed or there are doubts that a User operates for the benefit, on commission, or on behalf of a third party, without having declared it to the Money Transmitter in question, in accordance with what is indicated in the 4th or 4th Bis of these General Provisions;

XIII. and XIV.
...

Each Money Transmitter must provide in its Compliance Manual, or in another document or manual prepared by the Money Transmitter itself, the mechanisms based on which those Operations that must be presented to the Committee for the purpose of their ruling as Unusual Operations, must be analyzed, including the information that the Money Transmitter itself must have. In any case, the results of said examination must be in writing and be available to the Secretariat and the Commission, for at least ten years counted from the celebration of the Committee session in which such results were presented.

. . .

Likewise, in the process of determining Unusual Operations referred to in this provision, Money Transmitters must rely on their Compliance Manual, as well as any other document or manual prepared by the Money Transmitter and, in addition to this, they will consider the guidelines elaborated for this purpose by the Secretariat and by international organizations and intergovernmental groupings in matters of prevention and combat of operations with funds of illicit origin and terrorism financing, of which Mexico is a member, which the Secretariat provides to them.

30th. In the event that a Money Transmitter has information based on well-founded suspicions or indications, such as concrete facts from which it can be inferred that, when attempting to carry out an Operation, the funds could originate from illicit activities or could be intended to 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 they could fall under the circumstances of Article 400 Bis of the same legal code, that same Money Transmitter, in the event that it decides to accept said Operation, must send to the Secretariat, through the Commission, within 24 hours counted from the time it becomes aware of said information, an Unusual Operation report, in which, in the column of operation description, the legend "24-hour Report" must be inserted. Likewise, in those cases where the Money Transmitter does not carry out the Operation referred to in this paragraph, it must present to the Secretariat, through the Commission, the Unusual Operation report under the terms indicated in this provision regarding said Users, and will provide, if applicable, all the information known about them.

. . .

For the purposes of what is provided in this provision, Money Transmitters must establish in their Compliance Manual or in another document or manual prepared by it, those under which their personnel, once they become aware of the information in question, must make it immediately known to the Compliance Officer of the Money Transmitter, so that this person fulfills the obligation to send the corresponding report.

32nd. . . .

I.
Submit to the approval of the audit committee of the Money Transmitter in question, the Compliance Manual, as well as any modification to it;

. . .

I. Bis. Present to the board of directors or managers, or sole administrator, or their equivalent of the Money Transmitter, as applicable, the results of the implementation of the methodology elaborated and implemented to carry out the Risk Assessment referred to in the previous Chapter II Bis;

II.
. . .

III.
Be aware of those Users who, due to their characteristics, are classified with a High Risk Grade, according to the reports that the Compliance Officer presents to it for this purpose and, if applicable, formulate the recommendations it deems appropriate;

IV. to VIII. . . .

IX.
Resolve the other matters that are submitted to its consideration, related to the application of these General Provisions;

X.
Ensure that the Money Transmitter, for the compliance with these General Provisions, has the internal structures referred to in this Chapter, in terms of organization, number of people, material and technological resources, in accordance with the results of the implementation of the methodology referred to in the previous Chapter II Bis, and

XI.
Ensure that the key referred to in the 59th-1 is requested and kept updated in the name of the Compliance Officer or Compliance Officer designated as interim, as applicable.

Each Money Transmitter must expressly establish in its Compliance Manual, or in another document or manual prepared by the Money Transmitter itself, the mechanisms, processes, deadlines, and moments, as applicable, that the Committee must observe in the performance of the functions indicated in this provision.

33rd.- . . .

. . .

Money Transmitters that have fewer than twenty-five employees, whether performing functions for them directly or indirectly through complementary service companies, will not be obligated to constitute and maintain the Committee referred to in this provision. In the case provided for in this paragraph, the functions and obligations that should correspond to the Committee in accordance with these Provisions, will be exercised by the Compliance Officer, except for that provided in fraction XI of the 32nd of these Provisions, which will correspond to the general director or equivalent manager of the Money Transmitter.

36th.- . . .

. . .

Prepare and submit to the Committee for consideration the Compliance Manual, which shall contain the policies for user identification and due diligence, as well as the criteria, measures, and procedures that must be adopted to comply with what is provided in these Provisions;

I. Bis. Submit to the Committee for approval the methodology designed to carry out the Risk Assessment referred to in the previous Chapter II Bis, as well as the results of its implementation;

II. to III. . . .

IV.

Inform the Committee of those Users who, due to their characteristics, are classified with a High Risk Grade for the Money Transmitter itself;

V. to VI. . . .

VII.

Act as an internal consultation body within the Money Transmitter regarding the application of these Provisions, as well as of the Compliance Manual;

VIII. to XI. . . .

. . .

Each Money Transmitter must expressly establish in the Compliance Manual, or in another document or manual prepared by the Money Transmitter itself, the procedures according to which the Compliance Officer will perform the functions and obligations established in this provision and the manner in which it will document compliance with them, as applicable.

38th.- . . .

The provision of courses, at least once a year, which must be directed especially to the members of their respective boards of directors or managers, or sole administrator, as applicable, executives, officials, and employees, including those working in customer service or resource administration areas, and which shall contemplate, among other aspects, those related to the content of their Compliance Manual, or in another document that Money Transmitters have developed for the proper compliance with these Provisions, as well as regarding the activities and services offered by the Money Transmitter.

. . .

II.

. . .

Paragraph repealed.

40th.- Each Money Transmitter, as part of its Technological Infrastructure, must have automated systems that develop, among others, the following functions:

. . .

II.

Generate and transmit, securely to the Secretariat, through the Commission, the information regarding reports of Relevant Operations, Unusual Operations, Concerning Internal Operations, and International Fund Transfers referred to in these Provisions, as well as that which must be communicated to the Secretariat or to the Commission, in the terms and according to the deadlines established in these Provisions;

As an exception to what is stated in this fraction, Money Transmitters may manually generate the report referred to in the 7th Ter of these Provisions;

III. and IV. . . .

Execute the alert system contemplated in the 16th of these Provisions;

V Bis. Contribute to the detection, tracking, and analysis of possible Unusual Operations and Concerning Internal Operations, considering at least, the historical records of Operations performed by the User, transactional behavior, and any other parameter that may provide more elements for the analysis of this type of Operations;

VI. to IX. . . .

IX. Bis.

Provide the information that Money Transmitters will include in the methodology they must prepare in accordance with what is established in the 12th-1 of these Provisions;

Execute an alert system regarding those Operations that are intended to be carried out with persons referred to in fraction X of the 27th of these Provisions, Politically Exposed Persons, in accordance with what is stated in the 58th of these Provisions, as well as with those who are within the List of Blocked Persons, and

XI.

Facilitate the verification of data and documents provided remotely by the User.

47th.- Money Transmitters must adopt selection procedures to ensure that their personnel have the necessary technical quality and experience, as well as honorability, to carry out the activities corresponding to them, which must include obtaining a signed declaration by the official or employee in question, in which they will state information regarding those financial entities or companies referred to in Article 95 Bis of the Law in which they have previously worked, as applicable, as well as the fact of not having been sentenced for property crimes or disqualified from exercising commerce as a result of non-compliance with legislation or to hold a job, position, or commission in public service, or in the Mexican financial system. To this effect, the aforementioned selection procedures must be contemplated in the Compliance Manual, or in another document or manual prepared by the Money Transmitter itself.

. . .

49th.- Money Transmitters must establish measures to ensure that Related Agents and Legal Entities Collaborating give due compliance to the obligations of identification and due diligence of their Users, as well as of tracking Operations established in these Provisions.

Money Transmitters must adopt procedures to ensure that executives, officials, employees, attorneys-in-fact, and factors of Related Agents and Legal Entities Collaborating have honorability to carry out the activities corresponding to them, which may include, among other aspects, the fact of not having been sentenced for property crimes or disqualified from exercising commerce as a result of non-compliance with legislation or to hold a job, position, or commission in public service or in the Mexican financial system, except in cases where this limitation is stated in a legal provision regulating a specific activity or profession.

. . .

50th.- The Operations carried out by Money Transmitters through Related Agents, Legal Entities Collaborating, financial entities, or other Money Transmitters, with whom they have established a contractual relationship by virtue of which they effect fund transfers through them, must be subject to the following:

Money Transmitters will be responsible for compliance with these Provisions regarding those operations that are celebrated through Related Agents, Legal Entities Collaborating, other Money Transmitters, financial entities, and regarding Third Parties that the Related Agent, Legal Entity Collaborating, other Money Transmitter, or financial entity hires for the performance of said Operations.

II.

Money Transmitters and financial entities that have established a contractual relationship with a Money Transmitter for this to effect fund transfers through them, as well as Third Parties that are Money Transmitters or financial entities, must comply with what is provided in the Provisions applicable to them in matters of prevention of operations with resources of illicit origin and financing of terrorism. In this case, and regarding the obligations of preparation and conservation of User files, tracking and grouping of Operations, as well as preparation of reports of Unusual Operations, Money Transmitters that effect fund transfers will only be obligated to:

. .

Carry out the tracking and grouping of Operations and, as applicable, the issuance of the report of those Unusual Operations that, due to the nature of the existing commercial relationship, other Money Transmitters or financial entities, with whom they have established a contractual relationship by virtue of which they effect fund transfers through them, are unable to detect.

III.

Money Transmitters must establish, in the contract they celebrate with Related Agents and Legal Entities Collaborating, the obligation of the latter to:

Comply with what is established in this fraction;

b) to d) . . .

Provide Money Transmitters with the Taxpayer Registry Key (with homoclave) so that these can verify the applicable tax regime for the Related Agent or Legal Entity Collaborating;

. . .

To this effect, the User identification file may be kept by Related Agents or Legal Entities Collaborating instead of Money Transmitters, for which it must be established in the contract referred to in this fraction, the obligation of the Related Agent or Legal Entity Collaborating to keep said file, at all times, available to the Money Transmitter in question and to the Commission;

h) to j) . . .

The Related Agent or Legal Entity Collaborating that hires a Third Party for the performance of Operations, must celebrate a contract with the same that meets the requirements of this fraction, and

. . .

III Bis. Money Transmitters must establish, in the contract they celebrate with other Money Transmitters, and with financial entities for the performance of Operations, the obligation of these to comply with the following:

Comply with what is established in this fraction;

Provide Money Transmitters, that effect fund transfers, with the Taxpayer Registry Key (with homoclave) so that these can verify the applicable tax regime for the Money Transmitter or financial entity through which they will effect fund transmission;

Provide Money Transmitters, that effect fund transfers, with the records of Operations, as well as the records, data, and documentation they collect so that the Money Transmitter effecting the transmission complies with subsection b) of fraction II of this provision, and it must be established in the corresponding contract the means and mechanisms through which said records, reports, data, and documents will be sent.

The foregoing, within a deadline that may not exceed ten calendar days counted from the celebration of the corresponding Operation; and

In case of hiring a Third Party for the performance of Operations, celebrate a contract with the same that meets the requirements of the previous fraction III, except in case that the Third Party is a Money Transmitter or a financial entity, in which case the contract must meet the requirements of this fraction.

In the contract referred to in this fraction, it must be established that non-compliance with the aforementioned obligations will be grounds for rescission of the same, independent of the sanctions to which they may have become liable due to such non-compliance.

IV.

Money Transmitters must record in the Compliance Manual, the means by which they will deliver the rights or funds of the corresponding Operations to Related Agents, Legal Entities Collaborating, other Money Transmitters, or Financial Entities, with whom they have a contractual relationship, as well as that which these use for the same purpose with Third Parties.

50th Bis.- Money Transmitters must send to the Commission, within the deadlines and terms that the Commission itself establishes in the provisions referred to in the sixth paragraph of Article 57 of the Law, a notice containing the information of Related Agents, Legal Entities Collaborating, other Money Transmitters, and financial entities with which each Money Transmitter has a contractual relationship, as well as Third Parties with whom such Related Agents, Legal Entities Collaborating, other Money Transmitters, and financial entities operate.

51st.- Money Transmitters are obligated to conserve, for a period of no less than ten years counted from the execution of the Operation performed by their Users, the following:

The documentation and information that accredits the Operation in question once it has been celebrated.

II.

The data and documents that make up the identification files of their Users, which must be conserved for a period of no less than ten years counted from the date on which the User carries out the Operation in question.

The identification file that Money Transmitters must conserve in terms of this provision, must allow identifying the User, as well as knowing the Operations they perform with the Money Transmitter.

III.

The historical records of Operations they perform with their Users.

IV.

Digital copy of reports of Unusual Operations, Concerning Internal Operations, and Relevant Operations and international fund transfers, referred to in these Provisions, as well as the original or copy or accounting or financial record of all supporting documentation, which must be identified and conserved as such by the Money Transmitter itself for the same period.

The records of reports submitted in accordance with these Provisions, as well as of the records of Operations celebrated, must allow knowing the manner and terms in which they were carried out, in accordance with applicable legal provisions.

The conservation provided for in this provision may be carried out by electronic or digital means, which must guarantee the security of the information and documentation collected from the User.

To this effect, Money Transmitters will comply with the criteria that, in accordance with the Law or these Provisions, are applicable.

55th.- The Commission will be empowered to directly require Money Transmitters, or through the association to which, as applicable, they belong, to make modifications to their Compliance Manuals, as well as to the other documents indicated in these Provisions, when in its judgment it is necessary for the correct application thereof.

56th.- The Commission, in exercise of the supervisory powers conferred by the Law and other legal instruments, will monitor that Money Transmitters, Related Agents, Legal Entities Collaborating, and financial entities with which Money Transmitters have established a contractual relationship by virtue of which they effect fund transfers through them, including, as applicable, their offices, branches, agencies, subsidiaries, premises, and establishments, both in national territory and abroad, comply, when carrying out said fund transfers, with the obligations established in these Provisions, in the Compliance Manual of the Money Transmitter itself, as well as in any other document in which criteria, measures, and procedures related to compliance with these Provisions are established, and will impose the corresponding sanctions for failure to comply with said obligations, in the terms indicated in the Law, and, likewise, may request at any time, the information or documentation necessary for the development of its powers.

. . .

59th-1.- . . .

Likewise, Money Transmitters must ensure that the key referred to in the previous paragraph remains updated in the name of the Compliance Officer or Compliance Officer designated as interim, as applicable.

CHAPTER XIII BIS

NOVEL MODELS

59-2nd.- Money Transmitters that intend to obtain authorization from the Commission so that, through Novel Models, they carry out any of the Operations referred to in fraction XXIV of the 2nd of these Provisions must:

Identify and evaluate the risk to which they are exposed, prior to the launch of the product or service in question through Novel Models. The evaluation referred to in this fraction must be carried out in accordance with Chapter II Bis of these Provisions.

II.

Present the result of the evaluation referred to in the previous fraction to the Commission along with their authorization request.

III.

Comply with these Provisions, as applicable, according to the cases, forms, terms, deadlines, conditions, and exceptions that the respective authorization indicates, prior to the opinion of the Secretariat.

60th.- . . .

Money Transmitters must adopt and implement mechanisms that allow identifying Users who are within the List of Blocked Persons, as well as any third party acting on behalf or for the account of the same, and those Operations they have performed, perform, or intend to perform. Such mechanisms must be provided for in the Compliance Manual of the Money Transmitter.

62nd. . . .

Money Transmitters that, in terms of this provision, have suspended acts, Operations, or services with their Users, must immediately inform said Users in writing or through digital means, informing said Users that they may go before the competent authority for the purposes of the 63rd of these Provisions.

TRANSITORY PROVISIONS

First.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation.

Second.- The guidelines, interpretations, and criteria issued by the Secretariat or by the Commission, based on what is provided in the Resolution of April 10, 2012, and subsequent Resolutions through which 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 instrument, have been added or reformed, will continue to be applicable insofar as they do not oppose what is established in this Resolution.

Third.- Money Transmitters must comply with the obligations contained in this Resolution, in the terms and in accordance with the deadlines indicated below:

Four months counted from the entry into force of this Resolution, to modify the Compliance Manual and present it to the Commission.

II.

Nine months counted from the date of entry into force of this Resolution, to modify the methodology referred to in Chapter II Bis.

III.

Eighteen months counted from the date of entry into force of this Resolution, to comply with the modifications made to the obligations provided in the 4th, fraction V, and 9th, first paragraph, of these Provisions and to update the automated systems referred to in the 40th of the Provisions.

IV.

Twenty-four months counted from the date of entry into force of this Resolution, to collect the Geolocation of the Device from which the User celebrates each Operation, referred to in these Provisions.

Fourth.- Money Transmitters are obligated to send the report referred to in the 7th Ter of these Provisions, once the Secretariat makes known the guide or guidelines for such effect through the electronic means indicated for such purpose.

Fifth.- Money Transmitters will continue to present to the Commission the notice referred to in the 50th Bis of these Provisions, within the first fifteen business days of the year, through electronic means and in the format given known through the "Agreement by which the official format is issued to give notice of the List of Related Agents with which each Money Transmitter has a contractual relationship, as well as Third Parties with whom such Related Agents operate", published in the Official Gazette of the Federation on September 28, 2015, until such time as the Commission issues the provisions referred to in the sixth paragraph of Article 57 of the Law, for which it will be understood that what is applicable to Related Agents that are legal entities will be applicable to Legal Entities Collaborating, other Money Transmitters, and Financial Entities, with which the Money Transmitter has established a contractual relationship to effect fund transfers through them.

Sixth.- Money Transmitters are obligated to comply with what is provided in Provision 4th, fraction I, subsection A, second paragraph, numeral iii.3, and subsection B, second paragraph, numeral ii, which are added in this instrument, starting from November 1, 2020.

Seventh.- The circumstances for the celebration of Operations remotely with foreign individual Users, in accordance with what is established in the 4th Bis of these Provisions, will enter into force on the date that the Secretariat issues the corresponding identification mechanisms.

Annex 1

The simplified regime referred to in subsection D, of fraction IV, of the 4th of these provisions, will apply to the following societies, departments, and entities:

Financial Technology Institutions.

Holding Companies of Financial Groups.

Investment Funds.

Investment Societies Specialized in Retirement Funds.

Operating Societies of Investment Funds.

Distributing Societies of Investment Fund Shares.

Credit Institutions.

National Development Bank for Agriculture, Rural, Forestry, and Fisheries.

Brokerage Houses.

10.

Exchange Houses.

11.

Retirement Fund Administrators.

12.

Insurance Institutions.

13.

Mutual Insurance Companies.

14.

Surety Companies.

15.

General Warehouses.

16.

Savings and Loan Cooperative Societies.

17.

Popular Financial Societies.

18.

Community Financial Societies.

19.

Regulated and Unregulated Multiple-Objective Financial Societies.

20.

Credit Unions.

21.

Securities Issuing Societies.

22.

Foreign Financial Entities.

23.

Federal, state, and municipal public dependencies and entities, as well as other Mexican legal persons of public law.

24.

Stock Exchanges.

25.

Securities Depository Institutions.

26.

Societies that administer systems to facilitate securities transactions.

27.

Central Counterparties for Securities.

28.

Societies authorized to operate with Novel Models in accordance with Title IV of the Law to Regulate Financial Technology Institutions.

Annex 2

On Non-Presidential Identification

Article 1.- Money Transmitters, for the purposes of non-presidential identification of their Users or potential Users who are Mexican natural persons, in the non-presidential celebration of Transactions up to five thousand United States dollars, may comply with the provisions of this Article; in other Transaction cases, Money Transmitters must observe the content of the following Article 3:

Obtain prior approval from the Commission.

II.

Require the natural person in question to send a form through the electronic medium established by the Money Transmitter itself, in which the data referred to in the 4th Bis of these Provisions must be included at least.

The aforementioned form must include a declaration stating that its submission to the respective Money Transmitter constitutes the person's consent for their voice and image to be recorded when establishing communication through an audiovisual and real-time medium between them.

Together with the form, Money Transmitters must require the applicant to send a color photograph of their valid voter ID card issued by the National Electoral Institute, on both the front and back. Money Transmitters must require the applicant to take a color photograph of their face, using devices with cameras of at least 4 megapixel resolution, 24-bit color images, the taking of which must only be done online through the Money Transmitter's own technological tool to be sent in that same act.

Additionally, Money Transmitters must require the natural person to send in digital format the documents necessary to integrate and maintain their identification file in accordance with the provision of the 4th Bis of these Provisions.

III.

Once the duly completed form is received, they must verify if the applicant is a User of the Money Transmitter and, in this case, verify the data on the form with the records of the Money Transmitter itself.

In addition to the above, Money Transmitters must confirm the existence of the Unique Population Registry Key (Clave Única de Registro de Población) with the National Population Registry, as well as that the data from this and those provided in the form coincide with each other.

Likewise, they must compare the photographs of the voter ID card and the face, in order to perform facial biometric recognition between them, ensuring that both coincide in accordance with the reliability level established in fraction IV of Article 4 of this Annex, and validate the security elements of the received voter ID card, in order to detect if said document presents alterations or inconsistencies, for which they must have the necessary technology for this purpose.

Additionally, Money Transmitters must verify the coincidence of the data of the voter ID card issued by the National Electoral Institute listed below, with the records of the Institute itself:

The Credential Identifier Code (CIC), which is printed on the voter ID card.

Year of registration.

Voter Key.

Number and year of issuance.

Money Transmitters must verify that the paternal surnames, maternal surnames, and name or names, as they appear on the presented voter ID card, coincide with the records of the National Electoral Institute or the National Population Registry.

IV.

They must inform the applicant of the procedure that will be followed during the real-time communication, what the access means for its realization are, as well as deliver a one-time code, which will be required from the applicant at the beginning of the communication.

The communication must be carried out in accordance with the dialogue guidelines established by the Money Transmitters, and will be recorded and preserved without edits for its entire duration. Additionally, Money Transmitters must observe the following:

Verify that the quality of the image and sound allow for the full identification of the applicant, according to the parameters established by the Money Transmitters themselves for this purpose.

Corroborate, during the communication with the applicant, the information they have sent in the form and require them to show the other documentation sent together with it.

In case the applicant is already a User of the Money Transmitter, they must authenticate them using an authentication factor, understood as the information obtained through the application of questionnaires to the User, by remote operators, in which data that the User knows is required. In no case can the forms consist solely of data that have been included in printed or electronic communications sent by the Money Transmitters to their Users.

Money Transmitters, in the use of forms to verify the identity of their Users, must observe the following:

Define in advance the questionnaires that will be conducted by remote operators, preventing them from being used discretionarily.

Validate at least one of the answers provided by their Users, through computer tools, without the operator being able to consult or know in advance the User's authentication data.

Require the applicant to show their voter ID card issued by the National Electoral Institute, both on the front and back, confirming that it contains the same data and photograph as the card sent with the form.

Take images of the applicant and the presented voter ID card, on the front and back, on which the date and time they were taken, obtained from a protected time server, will be stamped.

Use specialized technology that allows them to achieve reliable identification of the interviewee, with the reliability level established in fraction IV of Article 4 of this Annex, ensuring that there is a match between their face, the photograph of said interviewee, and the photograph of the previously received voter ID card. The foregoing will be a condition to proceed to the stage of formalization of the Transaction.

Identify suspicious behavior patterns that could indicate that the person being interviewed is not who they claim to be.

VI.

Money Transmitters must suspend the contracting process with the applicant when any of the following cases occur:

The image or sound quality does not allow for full identification of the applicant.

The applicant does not present their voter ID card; the data obtained from it does not coincide with the records of the National Electoral Institute, or the result of the validation of the elements of the aforementioned voter ID card, or of the biometric verifications of the applicant's face, does not reach the effectiveness or reliability level referred to in Article 4, fractions III and IV of this Annex.

The Unique Population Registry Key does not coincide with the information from the National Population Registry.

The one-time code required from the applicant is not confirmed by them.

The Money Transmitter's personnel having the online communication identifies an atypical or risky situation, or has doubts about the authenticity of the voter ID card or the identity of the applicant.

Interruptions in the connection occur.

To determine the amount in United States dollars of the Transactions indicated in the first paragraph of this Article, the exchange rate to settle obligations denominated in foreign currency payable in the Mexican Republic, published by the Bank of Mexico in the Official Gazette of the Federation, on the banking business day immediately preceding the date on which the Transaction is carried out, must be used.

The technology used for these procedures must be approved by the risk manager or their equivalent or, in case of not having this, by the audit committee, the board of directors, or the sole administrator of the Money Transmitter.

Article 2.- Money Transmitters must have the necessary means for the transmission and safeguarding of the information, data, and files generated in the procedures referred to in Article 1 of this Annex, which guarantee their integrity, the correct reading of the data, the impossibility of manipulation, as well as their adequate conservation and location.

Money Transmitters may use technological improvements that help compensate for the clarity of the images, approved by their risk manager or their equivalent or, in case of not having this, by the audit committee, the board of directors, or the sole administrator, for such purposes, when identification documents are shown and the applicant's facial recognition is performed.

Article 3.- The Commission may approve mechanisms for non-presidential identification of possible Users other than those indicated in Article 1 of this Annex, provided that Money Transmitters prove that the technology used, in the judgment of the Commission itself, is reliable to identify the natural person in question and the existence of the Unique Population Registry Key is verified with the National Population Registry or some other verifiable identification element against the records of some Mexican authority, as well as the correspondence of the data.

Article 4.- Money Transmitters, when requesting the approvals referred to in Article 1 and, where applicable, Article 3, must present the following:

The detailed description of the process, which must be approved by the risk manager or their equivalent or, in case of not having this, by the audit committee, the board of directors, or the sole administrator or manager, as well as the Technological Infrastructure used in each part of it.

II.

Regarding identification mechanisms referred to in Article 3, the method of validation of the identification documents that will be admitted to carry out the contracting in question.

III.

Evidence that the means of verifying the validity of the identification documents of Users or potential Users have the effectiveness approved by the risk manager or their equivalent or, in case of not having this, by the audit committee, the board of directors, or the sole administrator of the Money Transmitters.

IV.

Evidence that the facial identification recognitions used have the reliability level determined by the risk manager or their equivalent or, in case of not having this, by the audit committee, the board of directors, or the sole administrator.

The quality standards of the image and sound that will be required to carry out the online communication.

VI.

Where applicable, the description of the authentication factors that will be required from the User.

VII.

The mechanisms through which they will ensure compliance with what is provided in Article 2 of this Annex.

When Money Transmitters intend to modify the procedures described in Article 1 and, where applicable, Article 3 of this Annex, they will require prior approval from the Commission.

Mexico City, March 11, 2019. - The Secretary of Finance and Public Credit, Carlos Manuel Urzúa Macías. - Rubric.

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