Resolution reforming, adding, and repealing various General Provisions applicable to Exchange Houses under Article 95 of the General Law of Credit Auxiliary Organizations and Activities — SHCP — MX

DOF: 21/03/2019

RESOLUTION that reforms, adds, and repeals various of the General Provisions referred to in Article 95 of the General Law of Credit Auxiliary Organizations and Activities applicable to Exchange Houses.

At the margin, a seal with the National Coat of Arms, which reads: 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 OF THE GENERAL LAW OF ORGANIZATIONS AND ACTIVITIES

AUXILIARY TO CREDIT APPLICABLE TO EXCHANGE HOUSES 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 and 95 of the General Law of Credit Auxiliary Organizations and Activities, in exercise of the

attributions conferred upon me by article 6th, fraction XXXIV of the Internal Regulations of the Ministry of

Finance and Public Credit, and having the opinion of the National Banking and Securities Commission issued

via letter 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 matters of prevention of money laundering and terrorist financing;

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

That for this reason, the Ministry of Finance and Public Credit has considered making various modifications to the general provisions that establish the minimum criteria and procedures in matters of prevention of money laundering and terrorist financing for exchange houses, 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 matters of prevention of money laundering and terrorist financing applicable to exchange houses, to help improve compliance with FATF Recommendations 1 and 10, it is specified in the legal framework the prohibition for exchange houses to carry out simplified identification measures for their users when they suspect that the resources, assets, or values that said users intend to use to carry out an operation, could be related to money laundering or terrorist financing;

That likewise, in compliance with FATF Recommendation 10, it is necessary to strengthen the legal framework regarding the identification and customer knowledge policy of exchange houses, establishing the circumstances under which they may suspend the identification process, in order to prevent the commission of crimes of money laundering and terrorist financing, 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 exchange houses determine if the beneficial owners of their users have the status of politically exposed persons, whether national or foreign according to applicable provisions, to be able to apply the appropriate customer due diligence measures;

That according to FATF Recommendation 16, related to electronic fund transfers, in consideration of the modifications foreseen for the standardized message formats most used by financial entities in the international market for such operations, it is necessary to strengthen the user identification policy of the exchange house, in order to know with greater precision the information of the orderer and recipient of the transfer in question to detect, and in its case, avoid the commission of crimes of operations with resources of illicit origin and terrorist financing, for which it is necessary that exchange houses identify regardless of the amount of the operation, the users who request to send the respective transfers, as well as the recipients of these, particularly when issuing the respective transfer orders or, as in other cases, the orderers of the respective international transfer orders that they receive and, as in other cases, maintain this information in the timeframes in which they are obligated and at the disposal of 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 terrorist financing on this matter;

That, on the other hand, since exchange houses can provide financial 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 exchange houses comply with the obligation of customer due diligence in a presencial and traditional manner, with some exceptions recognized in the norm, given 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, as with other regulated participants in the matter, to recognize the legal possibility that exchange houses can comply with their obligations in matters of prevention of money laundering and terrorist financing through said electronic media, of course with the responsibility of complying with the applicable norms to the effect that they have the legal value that corresponds in law;

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

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 OF THE GENERAL LAW OF

ORGANIZATIONS AND ACTIVITIES AUXILIARY TO CREDIT APPLICABLE TO EXCHANGE HOUSES REFERS

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

fractions I, II, III and second, fourth and sixth paragraphs; 7th, first paragraph, fraction I, II, item a); 8th; 9th, first and

last paragraphs; 12th, fifth paragraph, fraction II, item b); 14th, first, second and last paragraphs; 14th-1; 14th-2,

14th-3; 14th-4; 14th-5, becoming 14th-6; 15th, second paragraph; 18th, fifth and last paragraphs; 19th; 20th; 21st,

third, fourth and last paragraphs; 22nd, first and third paragraphs; 23rd, first paragraph; 24th Bis, second paragraph and

fraction II of the fifth paragraph; 29th, second and last paragraphs; 32nd, first and last paragraphs; 34th, fractions I, I

Bis, III, IX, X and last paragraph; 35th, last paragraph; 38th, third paragraph, fractions I, I Bis, IV, VII and last

paragraph; 40th, fraction I, first paragraph; 42nd, fractions II, V and IX Bis; 48th, first paragraph; 50th first and

second paragraphs; 54th; 55th; 59th, last paragraph; 61st, last paragraph; Annex 1, are REFORMED; the 2nd fractions

XXI to XXXIV; 4th Bis; 8th-Bis; 8th-Ter; 9th Bis; 10th, fractions IV and V and second and third paragraphs,

shifting the rest in order; 10th Bis; 14th, third paragraph, shifting the rest in order;

14th-1, second paragraph, shifting the rest in order; 14th-4, first and second paragraphs; 14th-5,

shifting the next in order; 17th, second paragraph; 18th, fourth and sixth paragraph, shifting the

rest in order; 34th, fraction XI; 42nd, fractions V Bis and XI; 50th, third paragraph; 58th-1, last paragraph, a

Chapter XIV Bis titled "Novel Models"; 58th-2; Annex 2, are ADDED; and the 2nd, fractions VI Bis, VI

Ter, VII Bis, IX Bis, IX Ter; 14th-3, last paragraph;

40th; last paragraph, all of them of the General Provisions referred to in Article 95 of the General Law of Credit Auxiliary Organizations and

Credit applicable to Exchange Houses, are REPEALED, to remain as follows:

2nd .-. . .

Archive or Registry, the set of data and documents that are conserved or stored in printed format or in electronic media, optical or any other technology, 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 Exchange Houses;

II. Exchange House, . . .

III. Commission, . . .

IV. Committee, . . .

V. Control, . . .

VI. Concentrator Account, . . .

VI Bis. Repealed.

VI Ter. Repealed.

VII. Recipient, . . .

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.

X. 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

signatory 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

autograph 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 communication networks, operating systems, databases, applications and

systems that Exchange Houses use to support their operations;

XVI. Monetary Instrument, . . .

XVII. Law, . . .

XVIII. Blocked Persons List, . . .

XIX. Compliance Manual, the document referred to in the 53rd of these Provisions;

XX. Data Message, the information generated, sent, received or archived by electronic means,

optical or any other technology, in accordance with the Code of Commerce;

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. Internal Concerning Operation, . . .

XXVII. Relevant Operation, . . .

XXVIII. Politically Exposed Person, . . .

XXIX. Beneficial Owner, . . .

XXX.

Risk, . . .

XXXI. Ministry, . . .

XXXII. Obligated Subjects, the institutions and entities subject to the obligations referred to in

articles 115 of the Credit Institutions Law, 71 and 72 of the Law to Regulate the Activities of

Savings and Loan Cooperative Societies, 124 of the Popular Savings and Credit Law, and 58 of the Law

to Regulate Financial Technology Institutions;

XXXIII. Terms and Conditions, the legal bases and declarations that Exchange Houses

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 Exchange House itself for

the celebration of Operations with these, and

XXXIV. User, . . .

3rd .-. . .

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

the Exchange House.

4th.- Exchange Houses, taking into account the thresholds established in this Provision, as well

as the type of User involved, must integrate and conserve an identification file,

prior to this, in person, carrying out Operations or using the services of the Exchange

House, in accordance with what is established in this Provision.

Regarding those Users who carry out individual Operations in foreign currency in cash

or with traveler's checks, for an amount equal to or greater than one thousand dollars and less than three thousand

dollars of the United States of America, or its equivalent in national currency or in the foreign currency

in question, Exchange Houses, at the time of carrying out said Operations, must only

collect and conserve in the systems referred to in the 42nd of these Provisions, the following data that must be obtained from an official identification of those referred to in fraction III,

item A, subitem b), numeral i., of this Provision:

When the User is an individual:

Paternal surname, maternal surname and 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 path in question,

properly specified; exterior number and, if applicable, interior; neighborhood or urbanization;

borough, municipality or similar political demarcation that corresponds, if applicable; city or

town, federal entity, state, province, department or similar political demarcation that

corresponds, if applicable; postal code and country).

vi.

Number of their official identification, which can only be one of those indicated in fraction III,

item A, subitem b), numeral i., of this Provision.

When the User is a legal entity:

Name or corporate name.

ii.

Federal Taxpayer Registry Key (with homoclave) or serial number of the

Advanced Electronic Signature, if they have one.

iii.

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

iv.

Nationality.

Data of the person who goes to the Exchange House on their behalf, in the same

terms as those indicated in item A above.

When the User is a Trust:

Number or reference of the Trust and, if applicable, Federal Taxpayer Registry Key (with

homoclave) and serial number of the Advanced Electronic Signature.

ii.

Name or corporate name of the institution, entity or society acting as trustee.

iii.

Paternal surname, maternal surname and name or names without abbreviations of the (the)

legal representative(s), attorney-in-fact(s) or fiduciary delegate(s).

II.

Regarding those Users who carry out individual Operations in foreign currency in cash

or with traveler's checks, for an amount equal to or greater than three thousand dollars and less than five thousand

dollars of the United States of America, or its equivalent in national currency or in the foreign currency

in question, Exchange Houses, in addition to collecting and conserving in the systems referred to in the 42nd of the

present Provisions, the data referred to in the previous fraction I, must collect and conserve a copy of the

official identification of the individuals involved in the aforementioned Operations, in the

terms of fraction III, item A, subitem b), numeral i., of this Provision.

III.

Regarding those Users who carry out individual Operations in foreign currency in cash

or with traveler's checks, for an amount equal to or greater than five thousand dollars of the United States of America,

or its equivalent in national currency or in the foreign currency

in question, the Exchange House must

integrate and conserve in the systems referred to in the 42nd of the present Provisions, an identification file of each of those Users, prior to the celebration of said Operations. To this effect,

Exchange Houses must observe that the identification file of each User complies, at

least, with the following requirements:

Regarding the User who is an individual and who declares to the Exchange House in question to be

of Mexican nationality or of foreign nationality with the status of temporary resident or permanent resident in terms of the Migration Law, or in the quality of

diplomatic and consular representations in terms of the Guidelines for the issuance of

non-ordinary visas:

The following identification data:

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

ii.

Gender.

iii.

Date of birth.

iv.

Federal entity of birth, when 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 item A of fraction I above).

ix.

Phone number(s) where they can be located.

Email, if 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 they have them.

xii.

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

In addition to the above, 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 Exchange House must record in the file the data related to said address, with

the same elements as those contemplated in item A of fraction I above.

Simple copy of the following documents:

Personal identification, which must be, in all cases, an original official document issued by

competent authority, valid on the date of its presentation, containing the photograph, signature and, if

applicable, address of the User themselves.

For the purposes of what is provided in this item, the following documents issued by Mexican authorities will be considered as valid personal identification documents: the voter credential, the passport, the professional card, the national military service card, the consular registration certificate, the unique military identity card, the affiliation card to the National Institute of Elderly Persons, the credentials and cards issued by the Mexican Institute of Social Security, by the Institute of Social Security for State Workers,

by the Social Security Institute for the Mexican Armed Forces or by Seguro Popular, the driver's license, the credentials issued by federal, state and municipal authorities and the other national identifications that, if applicable, are approved by the Commission.

Likewise, regarding individuals of foreign nationality referred to in this item A, 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 Ministry of Foreign Affairs to diplomatic and consular bodies, will be considered as valid personal identification documents, in addition to those previously referred to in this paragraph.

ii.

Certificate of the Unique Population Registry Key, issued by the Ministry of

Governance and/or Fiscal Identification Card issued by the Tax Administration Service, when the User has them, as well as the Advanced Electronic Signature,

if they have one. It will not be necessary to present the certificate of the Unique Population Registry Key if this appears in another document or official identification.

Exchange Houses will not be obligated to collect, include and conserve in the User's corresponding identification file, a simple copy of the documents referred to in the previous paragraph, provided that the Exchange Houses integrate into it the evidence

in which it is recorded that the documents and/or the User's data were presented and/or validated before the corresponding authority.

iii.

Proof of address, when the address declared by the User to the Exchange House

does not coincide with that of the identification they present or this does not contain it. In this case, it will be necessary for the Exchange House to collect and integrate into the respective file a simple copy of a document that accredits the User's address, which can be any receipt for payment for domestic 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 lease contract valid on the date of presentation by the User, the proof of registration before the Federal Taxpayer Registry, as well as the others that, if applicable, are approved by the

Commission.

iv.

Declaration of the individual, which can be granted in writing, by electronic means,

optical or by any other technology, which can be included in the documentation of the

respective Operation, in which it is recorded that said person acts for these purposes in their own name and on their own behalf or on behalf of a third party, as the case may be.

In the event that the individual declares to the Exchange House that they act on behalf of

a third party, said Exchange House must observe what is provided in item E of this

fraction regarding the Beneficial Owner of the resources involved in the corresponding

Operation.

In the event that the individual acts as an attorney for another person, the respective

Exchange House must collect and integrate into the identification file of the User in question, a simple copy of the power of attorney or of the certified copy of the document issued by a public notary, as applicable, in the terms established in common legislation, which accredits

the powers conferred upon the agent, as well as an official identification and proof of

address of the latter, which meet the requirements set forth in this subsection A regarding said documents, regardless of the data and documents related to the principal.

Regarding the User who is a Mexican moral person:

The following identification data:

Name or corporate name.

ii.

Commercial activity, activity or corporate purpose.

iii.

Nationality.

iv.

Taxpayer Registry Key (with homoclave).

Serial number of the Advanced Electronic Signature.

vi.

Address (composed of the name of the street, avenue or thoroughfare in question, duly

specified, exterior number and, if applicable, interior number, neighborhood, borough or municipality or similar

political division that corresponds, if applicable, city or town, federal entity and postal

code).

vii.

Telephone number(s) of said address.

viii.

Email address, if applicable.

ix.

Date of incorporation.

First and last names, without abbreviations, of the administrator or

administrators, director, general manager or legal representative who, with their signature, can bind the

moral person for the purposes of celebrating the Operation in question. Such data must

come from a valid official personal identification document currently in force, issued by a competent

authority, in accordance with fraction III, subsection A, subsubsection b), numeral i., of this

Provision.

Simple copy of the following documents:

Notarized copy 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 moral person, or of

any instrument in which the data of its incorporation and those of its registration in

said registry appear, or else, the document that, according to the regime applicable to the

moral person in question, credibly accredits its existence.

In the event that the moral person is of recent incorporation and, in virtue thereof, is not yet

registered in the public registry that corresponds according to its nature, the Exchange House

in question must obtain a document signed by a person legally authorized to

accredit their personality in terms of the public instrument that accredits its legal existence to

which subsubsection b) numeral iv. of this subsection B refers, in which the obligation to

carry out the respective registration and provide, in due course, the data

corresponding to the Exchange House itself is stated.

ii.

Tax Identification Card issued by the Secretariat or certificate of the Advanced Electronic

Signature, when the corresponding moral person has it.

iii.

Proof of address referred to in subsubsection a) of this subsection B, in terms of what is

stated in subsubsection b), numeral iii., of the previous subsection A.

iv.

Notarized copy 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 moral person in question, as

well as the personal identification of each of said representatives, in accordance with subsubsection b)

of subsection A previous.

Regarding federal, state and municipal departments and entities, as well as other

Mexican moral persons of public law, to accredit their legal existence as well as to prove the

powers of their legal representatives and/or agents, the provisions of the laws,

regulations, decrees or organic statutes that create and regulate their constitution and operation shall apply, and in its case, a copy of their appointment or by public instrument issued by a notary, as appropriate.

User information that allows the Exchange House to know:

Shareholder structure or social partners, as applicable.

ii.

In case it has a Risk Grade other than low, its internal corporate structure;

that is, the organizational chart of the moral person User, it being necessary to consider 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 position

corresponding to the members of its board of directors or equivalent.

Likewise, Exchange Houses must identify the Real Owners of their moral person Users

who exercise Control over them in terms of the second paragraph of fraction V of the

2nd of these Provisions, in accordance with what is established in subsection E of fraction III, of the

present Provision.

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 moral person in question, or who by other

means exercises Control, direct or indirect, of the moral person, it will be considered that Control is exercised by the

administrator or administrators thereof, understanding that administration is exercised by the natural person designated for such effect by this.

When the designated administrator is a moral person or Trust, it will be understood that Control

is exercised by the natural person appointed as administrator by said moral person or Trust.

For the purposes of this subsection, Exchange Houses must obtain a declaration in writing, by

electronic, optical or any other technology means from the legal representative of the moral person User

in question, in which it indicates who its Real Owners are in terms of this subsection.

In case the Exchange Houses have indications that make questionable the truthfulness of the information declared, the Exchange Houses must take reasonable measures to determine and identify the

Real Owners of the corresponding moral person User.

Regarding the User who is a person of foreign nationality:

For the case of the natural person who declares to the Exchange House that they do not have the status of temporary resident or permanent resident in terms of the Migration Law, or in

capacity of diplomatic and consular representations in terms of the Guidelines for the

issuance of non-ordinary visas:

The respective identification file must contain the same data as those

stated in subsubsection a) of subsection A previous, with the exception 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 the latter is available, which accredits their entry or legal stay in

the country or 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., subsubsection b), of subsection A of this fraction.

ii.3.

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

For the case of foreign moral persons:

The respective identification file must contain the following data recorded:

i.1.

Name or corporate name.

i.2.

Commercial activity, activity or corporate purpose.

i.3.

Nationality.

i.4.

Taxpayer Registry Key (with homoclave) and/or tax identification number and/or equivalent, the country or countries that assigned them, and, if applicable, the serial number

of the Advanced Electronic Signature.

i.5.

Address (composed of the name of the street, avenue or thoroughfare in question, duly

specified; exterior number and, if applicable, interior number; neighborhood or urbanization; borough,

municipality or similar political division that corresponds, if applicable; city or town,

federal entity, state, province, department or similar political division that

corresponds, if applicable; postal code and country).

i.6.

Telephone number(s) of said address.

i.7.

Email address, if applicable.

i.8.

Date of incorporation.

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

competent authority appears, as well as obtain the information and collect the data referred to

in subsubsection c) of subsection B, of fraction III of this Provision.

The Exchange House must require that the document referred to in the previous paragraph

be duly legalized or, in case 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 suffice that said document bears the apostille to which said Convention refers.

In the event that the respective User does not present the document duly

legalized or apostilled, it will be the responsibility of the Exchange House to ensure the

authenticity of said documentation.

ii.2.

Proof of address referred to in the first paragraph of this present subsubsection b), in

terms of what is stated in numeral iii., subsubsection b), of subsection A of this fraction.

ii.3.

Notarized copy 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 moral person in question,

as well as the personal identification of said representatives, in accordance with numeral

i., subsubsection b), of subsection A of this fraction or subsubsection a) of this subsection C, according

to applicable.

In the case of those legal representatives who are outside the national

territory and who do not have a passport or passport card, the personal identification

must, in any case, be an original official document issued by a competent authority

of the country of origin, valid on the date of its presentation, containing the photograph, signature

and, if applicable, address of the said representative.

For the purposes of the foregoing, driving licenses and credentials issued by federal authorities or

equivalents of the country in question will be considered as valid personal identification

documents. The verification of the authenticity of the said documents will be the responsibility of the Exchange Houses.

Regarding the societies, departments and entities referred to in Annex 1 of the

present Provisions:

The following identification data:

Name or corporate name.

ii.

Activity or corporate purpose.

iii.

Federal Taxpayer Registry (with homoclave).

iv.

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

Address (composed of the name of the street, exterior number and, if applicable, interior number, neighborhood,

city or town, borough or municipality, federal entity and postal code).

vi.

Nationality.

vii.

Telephone number(s) of said address.

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 society, department or entity for

purposes of celebrating the Operation in question.

Simple copy of the following documents:

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 their appointment

issued by a competent official in terms of article 90 of the Credit Institutions Law.

To accredit the powers of the representatives of the departments and public entities

federal, state and municipal, as well as of other Mexican moral persons of public

law, the provisions of the second paragraph of numeral iv., subsubsection b), subsection B, of the

present fraction of this Provision shall apply.

ii.

Personal identification of such representatives, in accordance with subsubsection b), numeral i., of subsection A,

of this present fraction.

Exchange Houses may apply the simplified measures referred to in this subsection D, provided that

the aforementioned societies, departments and entities have been classified as Users with a Grade

of low Risk in terms of the 18th of these Provisions.

Regarding Real Owners, Exchange Houses must collect the same data and

documents as those established in subsections A or C of this fraction of this Provision, according

to applicable. With respect to the address, it will suffice to obtain the data and the document of the address where

they can be located.

When the obligation to identify the Real Owner derives from a User who is located

classified with a low Risk Grade, the document referred to in numeral iii.,

subsubsection b) of subsection A, as well as number ii.2, of numeral ii., of subsubsection b) of subsection C, of fraction III

of the 4th of these Provisions, respectively, shall not be collected.

The foregoing, in accordance with the measures that for such purposes are established in their Compliance Manual, or

else, in some other document or manual prepared by the Exchange Houses themselves.

Additionally, the Exchange House must identify if the Real Owner is a Politically Exposed

Person, and in case of identifying them as such, must comply with what is established in the 19th and 21st of the

present Provisions

Regarding moral persons whose titles representing their social capital or securities that

represent said shares trade on any stock exchange in the country or in recognized stock markets of

the exterior as such in terms of the General Provisions applicable to stock

exchanges published in the Official Gazette of the Federation on May 15, 2017 and their respective

modifications, as well as those subsidiaries in which they have a majority participation over

fifty percent in their social capital, Exchange Houses will not be obligated to collect the identification data

mentioned above, considering that they are subject to provisions in

stock market matters on information disclosure.

The Secretariat will issue the guidelines that Exchange Houses may consider for compliance with

what is provided in this subsection, which will be made known through the electronic media that for such

effect the Commission establishes.

Regarding Trusts:

It must contain the following data recorded:

Number or reference of the Trust and, if applicable, Federal Taxpayer Registry (with

homoclave) and serial number of the Advanced Electronic Signature.

ii.

Purpose of the Trust and, if applicable, indicate the vulnerable activity(ies) it carries 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 fiduciary institution.

Trusted assets (goods and rights).

vi.

Contributions of the settlors.

vii.

Identification data, in terms of this Provision, as applicable, of the

settlors, beneficiaries, fiduciary delegates and, if applicable, of the members of the technical

committee or equivalent governing body, legal representative(s) and legal agent(s), as well as their date of birth.

Simple copy of the following documents:

Contract, notarized copy or certified copy of the public instrument that accredits the celebration or

constitution of the Trust, registered, if applicable, in the public registry that corresponds, or else,

the document that, according to the regime applicable to the Trust in question, credibly accredits

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 Exchange House

in question must obtain a document signed by a person legally authorized to accredit

their personality in terms of the public instrument referred to in numeral iii., subsubsection b)

of subsection F of this fraction, in which the obligation to carry out the registration

respective and provide, in due course, the data corresponding to the Exchange House itself is stated.

ii.

Proof of address, in terms of what is stated in numeral iii., subsubsection b), of subsection

A, in fraction III of this Provision.

iii.

Notarized copy or certified copy of the instrument containing the powers of the legal representative(s),

legal agent(s) or fiduciary delegate(s), issued

by a public notary, when not contained in the public instrument that accredits the legal

existence of the Trust in question, as well as the personal identification of each of

said representatives, agents or fiduciary delegates, in accordance with numeral i. subsubsection b),

of subsection A, in fraction III of this Provision.

iv.

Tax Identification Card issued by the Secretariat and certificate of the Advanced Electronic

Signature, when the Trust has it.

Exchange Houses must integrate the identification file of the beneficiaries who are not

individualized in the contract, at the moment in which they go to exercise their rights derived from the

Trust contract.

Exchange Houses will not be obligated to integrate the identification file when it comes to

Trusts in which the contributions destined for labor benefits or for the social security of the

workers come from the workers themselves or from the employers, and that the settlor is always a

public entity that allocates the funds in question for the aforementioned purposes.

Exchange Houses may comply with the obligation (a) to collect the document referred to in

numeral i. of subsubsection b) of this subsection, and (b) referred to in subsection E of this fraction III of the

present Provision, respectively, through a certificate signed by the fiduciary delegate and the Compliance Officer

of the entity, institution or society acting as fiduciary, which must contain the information indicated in

subsubsection a) previous, as well as the obligation to keep said documentation available

to the Secretariat and the Commission, in order to send it, at the request of the latter, within the

term that the Commission itself establishes.

When the identification documents provided present strikethroughs or amendments, the

Exchange Houses must collect another means of identification or, in default, request two

bank or commercial references and two personal references, which include the first and last names

without abbreviations, address composed of the same data as those stated in subsection A of the

fraction I of this Provision and telephone number of the person issuing them, whose authenticity will be verified by the Exchange Houses

with the persons who sign such references, before the respective Operation

takes place.

. . .

Exchange Houses, when collecting the 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 person.

. . .

Exchange Houses may conserve, in their Files or Records, separately the data and documents that must 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 combine said data and documents for their timely consultation by the Exchange Houses themselves or by the

Secretariat or the Commission, at the request of the latter, in terms of these Provisions and the others that are

applicable.

. . .

4a Bis.- Exchange Houses that celebrate Operations through Devices in a non-presential manner

to natural person Users of Mexican or foreign nationality, in accordance with what is established in Annex 2

of these Provisions, in addition to the identification data referred to in the 4th of these

Provisions, as applicable, must require and obtain from their Users, prior consent of

these, the Geolocation of the Device from which the User celebrates the Operation, as well as:

Voter Key, if applicable.

Consent.

Email or cell phone.

If applicable, account number and Standardized Banking Key (CLABE) in the financial entity or

Foreign Financial Entity authorized to receive deposits, and that corresponds to the name

of the User.

The statement of the natural person in which they indicate if they act on their own behalf or on behalf of a third party, in

case of stating that they act on behalf of a third party, the provisions of the 4th, fraction

III, subsection E., of these Provisions shall apply. Such statement may be established in the

Terms and Conditions that the Exchange House establishes for this purpose.

The digital version of the valid official personal identification document currently in force from which the data referred to in

this Provision originate, which must be preserved in accordance with the

Mexican official standard on digitization and preservation of Data Messages applicable.

Exchange Houses must not carry out the Operation in question in a non-presential manner with

the natural person Users of Mexican or foreign nationality, when they do not collect the data related to the

Geolocation.

The consent that in terms of this Provision Exchange Houses collect from their

Users, may be obtained through the Electronic Signature, Advanced Electronic Signature, or in accordance with what is

established in Annex 2 of these Provisions. Such User consent will serve as proof to

legally accredit any Operation that they carry out with the Exchange House in a non-presential manner.

A valid official personal identification document currently in force for the compliance of the

present Provision will be understood to be the voter credential issued by the National Electoral Institute and the other

national or foreign identifications that, if applicable, the Commission approves.

Exchange Houses may collect the digital versions of the documentation referred to in the

present Disposition via non-presential means and through optical media or any other technology.

The digital versions that Exchange Houses collect for identification purposes must allow their verification in accordance with these Provisions. Likewise, such digital versions must be kept in their Archives or Records in accordance with these Provisions.

Exchange Houses must establish in their Compliance Manual the criteria and mechanisms they will adopt to comply with what is stated in this Provision.

7a .-. . .

The entity that compiles and maintains said file must have the User's consent for that entity to provide the data and documents related to their identification, or the digital version of these latter ones, to any of the entities that make up the financial group with which it intends to establish a commercial relationship, and

II.

. . .

They may exchange the data and documents, as well as the digital versions, related to the User's identification, with the objective of establishing a new commercial relationship with the same;

b) to c)

. . .

8a.- Exchange Houses are prohibited from conducting Anonymous Operations, under fictitious names or in which the User or Beneficial Owner cannot be identified; therefore, they may only conduct Operations with their Users when they have met the identification requirements for them, in accordance with these Provisions.

8a Bis.- Exchange Houses may not apply the simplified measures provided for in this Chapter to their Users when they have a well-founded suspicion or indications that the resources, assets or values that their Users intend to use to carry out an Operation might be related to the acts or conduct referred to in Articles 139 Quáter or 400 Bis of the Federal Penal Code.

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

8a Ter.- Exchange Houses may suspend the identification process of their possible User when they reasonably estimate:

That they might be related to acts or conduct referred to in Articles 139 Quáter or 400 Bis of the Federal Penal Code.

II.

That continuing with the identification process could prevent or alert the User that the Exchange House considers that the resources, assets or values are related to acts or conduct referred to in Articles 139 Quáter 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, Exchange Houses must generate the corresponding 24-hour Unusual Operation Report with the information they have about the possible User in question, which may be prepared manually.

The report referred to in the preceding paragraph must be sent to the Secretariat, through the Commission, within 24 hours from the time the Exchange House becomes aware of the information indicated in this Provision, through the corresponding official format.

For the purposes of what is established in this Provision, Exchange Houses must establish in their Compliance Manual, or in another document or manual prepared by the Exchange House itself, the necessary policies, criteria, measures and procedures.

9a.- For the conduct of Operations through electronic, optical or any other technology media, other than currency exchange or fund transfer operations, Exchange Houses must previously compile the User's identification file in accordance with what is established in these Provisions, establish mechanisms to directly identify the User, as well as develop procedures to prevent the improper use of said mechanisms or technology, which must be contained in their Compliance Manual.

. . .

In the event that the transactional level of the Operations referred to in the preceding paragraph exceeds the amount established in said paragraph, Exchange Houses must proceed to compile the respective User's identification file with all the information and documentation corresponding, in terms of what is provided in 4a or 4a Bis of these Provisions, as well as comply with the various obligations established therein.

9a Bis.- Exchange Houses must verify the data and documents that their possible Users provide to prove their identity.

The verification referred to in the preceding paragraph may be carried out in a non-presential manner in accordance with what is provided in Annex 2 of these Provisions, where applicable.

When it concerns Users classified by Exchange Houses as Low Risk Grade, the verification referred to in the preceding paragraph may be done after the Operation has been carried out. In the cases referred to in this paragraph, Exchange Houses must inform their Users that they cannot perform Operations until the verification process referred to in this Provision is concluded.

Exchange Houses must establish in their Compliance Manual the policies, criteria, measures and procedures they will adopt to comply 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 Exchange Houses from complying with the obligations provided for in these Provisions.

10a .-. . .

I. to III.

. . .

IV.

Without prejudice to the other obligations and measures established in these Provisions, that Exchange House that accepts processing the sending of a national foreign currency fund transfer or an international fund transfer requested by its User, must collect from said User the following information regarding the Recipient or beneficiary of the transfer, whether natural or legal person, which must be kept and accompany the transfer in question:

Name and surname or surnames that correspond or, if applicable, trade name or corporate name.

Identifier of the Recipient's or beneficiary's account, in case said account is used to process the transfer in question or, in the absence of said account, a unique reference number of said transfer that allows its tracking.

As much data as, if applicable, are provided by the User and the system through which the transmission is made allows: Country of birth and date of birth, national identity number or domicile, as appropriate for Mexican or foreign natural persons, or, in the case of legal persons, tax identification number and country that issued it or domicile.

Without prejudice to the other obligations and measures established in these Provisions, that Exchange House that accepts receiving national foreign currency fund transfers or international fund transfers directed to its User that corresponds, must collect the following information regarding the person who ordered the national or international transfer, depending on whether it is a natural or legal person:

Name and surname or surnames or, if applicable, trade name or corporate name.

Identifier or reference of the originator's account, which allows tracing the transfer from its origin.

As much data as, if applicable, are transmitted by the entity sending the respective transfer: Country and date of birth, national identity number or domicile, as appropriate for Mexican or foreign natural persons, or, in the case of legal persons, tax identification number and country that issued it or domicile.

Additionally, the Exchange Houses referred to in this section must have policies and procedures documented in their respective Compliance Manuals to which they must adhere to identify, at the time of receipt or subsequently, the transfers indicated in this same section that do not contain the information of the persons who order such transfers or of the Recipients or beneficiaries that should be included in such transfers in accordance with this Provision, as well as include in said Manuals, at least, the risk-based criteria they will use to determine whether 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.

The ordering or receiving Exchange Houses of fund transfers referred to in this Provision must verify the information provided by their User in case there is a well-founded suspicion or indication that the resources might be related to the acts or conduct referred to in Articles 139 Quáter or 400 Bis of the Federal Penal Code and, if applicable, generate the corresponding 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.

. . .

10a Bis.- Exchange Houses may collect the data and documentation of their Users in terms of 10a of these Provisions in a non-presential manner and through electronic, optical or any other technology media, in accordance with what is provided in Annex 2 of these Provisions.

Exchange Houses that opt to compile the User's identification file in the terms provided in the preceding paragraph, in addition to what is provided in 10a of these Provisions, must require and obtain from their Users, prior to their consent, the Geolocation of the Device from which the User conducts the Operation, as well as their email address.

Exchange Houses must not conduct Operations with Users in a non-presential manner when they do not collect the data relating to Geolocation.

For the purposes of this Provision, a valid official personal identification document currently in force shall be understood to be the voter credential issued by the National Electoral Institute, the passport, the consular registration certificate, the accreditation card issued by the Secretariat of Foreign Relations to diplomatic or consular bodies and other national identifications that, if applicable, are approved by the Commission.

Exchange Houses are obliged to keep the documents in their Archives or Records in accordance with these Provisions.

The digital versions of the documents that, if applicable, Exchange Houses collect for identification purposes must allow their verification in terms of Annex 2 of these Provisions.

Exchange Houses must establish in the Compliance Manual the criteria and mechanisms they will adopt to comply with what is stated in this Provision.

The information referred to in this Provision must be available to the Secretariat and to the Commission, at the request of the latter, within the timeframe established by the Commission itself.

12 ª .-. . .

. . .

II.

. . .

Evaluate the controls they have, with the aim of determining that they comply with the international standards applicable in matters of prevention of operations with proceeds of crime and terrorist financing. The criteria according to which Exchange Houses will carry out the evaluation indicated in this subsection must be contemplated in their Compliance Manual, or in another document or manual prepared by the Exchange House in question, and

. . .

14a.- Exchange Houses will verify that the identification files of User legal persons, regardless of their Risk Grade, contain all the data and documents provided for in 4a of these Provisions, as well as that said data and documents are updated, understanding that Exchange Houses may choose not to carry out the update of these latter ones, in case it concerns a User legal person with a Low Risk Grade. This, in the terms and conditions that Exchange Houses establish in their own Compliance Manual. Likewise, they will verify, at least once a year, that the identification files of their Users classified as High Risk Grade, contain in an updated manner all the data and documents provided for in 4a and 4a Bis of these Provisions.

If a User carries out Operations on a daily basis with an Exchange House, and the latter detects significant changes in the usual transactional behavior of the former, without there being a justified cause for it, or doubts arise regarding the veracity or accuracy of the data or documents provided by the User themselves, among other circumstances that the Exchange House 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 Exchange House performs, and must verify and request the update of both the data and identification documents, among other measures that the Exchange House deems convenient.

Exchange Houses may fulfill the obligation to update their Users' files in accordance with this Provision in a non-presential manner, regardless of the manner in which Operations are conducted, always collecting the data and documents that are applicable according to the type of User, and carrying out the respective verification.

Exchange Houses must establish in their Compliance Manual the policies, criteria, measures and procedures they will 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, with the objective of properly integrating the files and/or updating the corresponding data and documents, in which case the results of such visit must be recorded in the respective file.

14a-1.- Exchange Houses must design and implement a methodology to carry out a Risk Assessment of the risks they are exposed to derived from their products, services, Users, countries or geographic areas, transactions and distribution or sending 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 Exchange House, 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 is applicable given the context of each Exchange House contained in the national risk assessment and its updates, which the Secretariat makes known to them through the Commission.

In the case of Exchange Houses that form part of financial groups in terms of the Law to Regulate Financial Groupings, these must establish in the design of the methodology how the results of the methodology that, if applicable, have been implemented by the other financial entities that make up the corresponding group will be taken into account.

Likewise, Exchange Houses will carry out a Risk Assessment of the risks they are exposed to in accordance with what is established in this Chapter, prior to the launch or use of new products, services, types of Users, countries or geographic areas, distribution or sending channels and transactions.

14a-2.- Exchange Houses, for the design of the Risk assessment methodology, must comply with the following:

Identify the elements and indicators associated with each of them that explain how and to what extent the Exchange House can be found exposed to Risk, considering at least, the following elements:

Products and services.

Users.

Countries and geographic areas.

Transactions and distribution or sending channels linked to the Operations of the Exchange House, 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 distribution or sending channels with which the Exchange House operates must be considered.

II.

Use a method for the measurement of Risks that establishes a relationship between the indicators and the element to which they belong referred to in the previous subsection I and 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 Exchange House is exposed.

III.

Identify the Mitigants that the Exchange House has implemented at the time of the design of the methodology, considering all the internal policies, criteria, measures and procedures referred to in 53a of these 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 subsection I, as well as on the Risk of the Exchange House.

14a-3.- Exchange Houses 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, Exchange Houses must ensure:

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, derived from the results of the implementation of the Risk assessment methodology, the existence of greater or new Risks for the Exchange Houses 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 Exchange House 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 Exchange House 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.

14a- 4.- The compliance and results of the obligations contained in this Chapter must be reviewed and updated by Exchange Houses 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 Exchange House has the results of its implementation. Such reviews and updates must be in writing and be available to the Secretariat and to the Commission, at the request of the latter, within the timeframe established by the Commission itself.

The Commission may review and, if applicable, order Exchange Houses to modify their Risk assessment methodology or their Mitigants, among other circumstances, when it does not consider proper Risk administration in the procedure and criterion(s) for the determination of the opening, limitation or termination of a commercial relationship with its Users, which must be congruent with said methodology, as well as request an action plan so that they adopt reinforced measures to manage and mitigate their Risks.

Exchange Houses must conserve the information generated by reason of this Chapter for a period of no less than five years and provide it to the Secretariat and to the Commission, at the request of the latter, within the timeframe established by the Commission itself.

14a-5.- Exchange Houses must comply with all the obligations contained in these Provisions, in concordance with the results that their methodologies referred to in this Chapter generate.

14a-6.- The Commission, prior to the opinion of the Secretariat, will elaborate guidelines, guides and/or best practices that Exchange Houses will consider for better compliance with what is provided for in this Chapter, which will be made known through the electronic media established by the same.

15a .-. . .

Such policy must form an integral part of the Compliance Manual of each Exchange House.

. . .

17a .-. . .

In the case of those Operations carried out in a non-presential manner, in addition to the elements for determining the User's transactional profile indicated in the preceding paragraph, the Geolocation of the Device from which said Operation is carried out must be taken into account.

18a .-. . .

. . .

In the case of the celebration of Operations in a non-presential manner referred to in 4a Bis of these Provisions, Exchange Houses must consider, the Geolocation information, prior to the User's consent, of the Device from which the User carries out the Operation, activity or service with the respective Exchange House.

Exchange Houses, in the terms that their Compliance Manual provides for this purpose, will apply to their Users who have been categorized as High Risk Grade, as well as to new Users who meet such character, identification questionnaires that allow obtaining more information about the origin and destination of the 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 via non-presential means, by optical

digital or electronic, in order to ensure truthfulness and security in their preparation, which in all cases must contain the consent referred to in the 4a Bis of these Provisions, from whom they are signed.

To determine the Risk Grade in which Users should be located, as well as whether they should be considered Politically Exposed Persons, each Exchange House will establish in its Compliance Manual the criteria it takes into account for such effects, 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 Provisions, and any other circumstances determined by the Exchange House itself.

19a.- For cases where an Exchange House detects that a User meets the requirements to be considered a Politically Exposed Person and, additionally, of High Risk Grade, said Exchange House must, according to what is established for this purpose in its Compliance Manual, obtain the approval of an executive or equivalent who has specific powers, in order to carry out the Operation in question.

20a.- Prior to the celebration of Operations with Users who, due to their characteristics, could generate a High Risk Grade for the Exchange House, at least one executive or equivalent who has specific powers to approve the celebration of said Operations must grant, in writing, in digital or electronic form, the respective approval. Likewise, for the purposes referred to in fractions IV and V of the 38a of these Provisions, Exchange Houses must provide in their Compliance Manual the mechanisms so that their respective Compliance Officers have knowledge of those Users who are classified with a High Risk Grade by the Exchange Houses themselves, as well as the procedures that must be carried out to process the approval indicated in this Provision.

21a .-. . .

. . .

In the Operations carried out by Users who have been classified as High Risk Grade, Exchange Houses will adopt measures to know the origin of the resources and will strive to obtain the data indicated in Chapter II of these Provisions, under the terms provided for this purpose in their Compliance Manual, or in some other document or manual elaborated 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, regarding legal entities, their main shareholders or partners, as appropriate, while in the case of Trusts, they will strive to gather 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 some other document or manual elaborated by them. Regarding foreign Politically Exposed Persons, Exchange Houses must obtain, in addition to the reference data, the documentation indicated in Chapter II of these Provisions, regarding the natural and legal persons mentioned above in this paragraph.

Without prejudice to the foregoing, regarding legal entity Users whose share certificates representing their social capital or securities representing said shares trade on any stock exchange in the country or in recognized foreign securities markets 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, Exchange Houses will not be obligated to collect the aforementioned identification data, considering that they are subject to provisions on stock market matters regarding information disclosure.

Exchange Houses, under the terms provided for this purpose in their Compliance Manual, or in some other document or manual elaborated by them, must develop mechanisms to establish the degree of Risk of the Operations they carry out with Mexican nationality Politically Exposed Persons and, for this effect, Exchange Houses 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 Exchange Houses.

22a.- When an Exchange House has information based on indications or certain facts about one of its Users acting on behalf of another person, without having declared it in accordance with what is stated in the 4a or 4a Bis of these Provisions, said Exchange House 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 confidentiality duties towards third parties that said User has assumed by conventional means.

. . .

Both in the situations provided for in the preceding paragraphs of this Provision, and in that case where doubts arise in the Exchange House regarding the veracity or authenticity of the data or documents provided by the User for identification purposes, or regarding the transactional behavior of the User in question, the said Exchange House must carry out a punctual and integral follow-up of the Operations that said User carries out, in accordance with what is established 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 accordingly, issue the corresponding Unusual Operation report.

23a.- Without prejudice to what is stated in the 4a or 4a Bis of these Provisions, Exchange Houses must establish in their Compliance Manual procedures to identify the Beneficial Owners of the resources used by Users in their Operations, therefore they must:

I. to III . . . .

24a Bis .-. . .

The daily limit established in the previous paragraph is exempted from operations carried out by foreign nationality natural person Users, in which case the Exchange House must collect and keep a copy of the passport or passport card that accredits their nationality and of the official document issued by the National Institute of Migration, when it has the latter, that accredits their entry or legal stay in the country.

. . .

II.

Regarding foreign nationality natural person Users, a copy of the passport or passport card that accredits their nationality and of the official document issued by the National Institute of Migration, when it has the latter, that accredits their entry or legal stay in the country.

. . .

29a .-. . .

Each Exchange House must provide in its Compliance Manual or in some other document or manual elaborated by the Exchange House itself, the mechanisms based on which those Operations that must be presented to the Committee for the purpose of ruling them as Unusual Operations, must be analyzed, including their background and purposes. In all cases, the results of said examination must be recorded in writing and will be available to the Secretariat and the Commission, for at least ten years counted from the celebration of the Committee meeting in which such results were presented.

. . .

Likewise, in the process of determining the Unusual Operations referred to in this Provision, Exchange Houses must rely on their Compliance Manual as well as any other document or manual elaborated by the Exchange House itself 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 financing of terrorism, of which Mexico is a member, which said Secretariat provides to them.

32a.- In the event that an Exchange House 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 resources might come from illicit activities or might 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 instrument, that same Exchange House, in the event that it decides to accept said Operation, must send to the Secretariat, through the Commission, within 24 hours counted from when it knows said information, an Unusual Operation report, in which, in the operation description column, the legend "24-hour Report" must be inserted. Likewise, in those cases where the Exchange House 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 and, regarding said Users, it will provide, if applicable, all the information it has known about them.

. . .

For the purposes of what is provided in this Provision, Exchange Houses must establish in their Compliance Manual or in some other document or manual elaborated by them, those under which their personnel, once they know the information in question, must make it immediately known to the Compliance Officer of the Exchange House, so that he fulfills the obligation to send the corresponding report.

34a .-. . .

Submit to the approval of the audit committee of the Exchange House in question, the Compliance Manual, as well as any modification to it;

. . .

I. Bis. Present to the board of directors of the Exchange House, the results of the implementation of the methodology elaborated and implemented to carry out the Risk evaluation referred to in the previous Chapter II Bis;

II.

. . .

III.

Know of those Users who, due to their characteristics, are classified with a High Risk Grade, according to the reports submitted for this purpose by the Compliance Officer and, if applicable, formulate the recommendations they deem appropriate;

IV. to VIII . . . .

IX.

Resolve other matters submitted to their consideration, related to the application of these Provisions;

Ensure that the Exchange House, for the compliance of these Provisions, has the internal structures referred to in this Chapter, regarding organization, number of people, material and technological resources, according to 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 58a-1 is requested and kept updated in the name of the Compliance Officer or Compliance Officer designated as interim, as appropriate.

Each Exchange House must expressly establish in its Compliance Manual, or in some other document or manual elaborated by the Exchange House itself, the mechanisms, processes, deadlines and moments, as appropriate, that must be observed in the performance of the functions indicated in this Provision.

35 ª .-. . .

. . .

Exchange Houses that have fewer than twenty-five people on their staff, whether performing functions for the same directly or indirectly through complementary service companies, will not be obligated to constitute and maintain the Committee referred to in this Provision. In the situation provided for in this paragraph, the functions and obligations that should correspond to the Committee according to what is stated in these Provisions, will be exercised by the Compliance Officer, except that provided for in fraction XI of the 34a of these Provisions, which will correspond to the general director or equivalent of the Exchange House.

38a .-. . .

. . .

Elaborate and submit to the consideration of the Committee the Compliance Manual containing the User identification and knowledge policies, and the criteria, measures and procedures that must be adopted to comply with what is provided in these Provisions;

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

II. and III. . . .

IV.

Make known to the Committee those Users who, due to their characteristics, are classified with a High Risk Grade for the Exchange House itself;

V. and VI.

VII. Act as a consultation instance internally within the Exchange House regarding the application of these Provisions, as well as of the Compliance Manual;

VIII. to XI . . . .

. . .

Each Exchange House must expressly establish in its Compliance Manual, or in some other document or manual elaborated by the Exchange House itself, the procedures under which the Compliance Officer will perform the functions and obligations established in this Provision and the way in which it will document compliance with them, if applicable.

40a .-. . .

The provision of courses, at least once a year, which must be directed especially to the members of their respective boards of directors, executives, officials and employees, including those who work in customer service or resource administration areas, and which contemplate, among other aspects, those related to the content of the Compliance Manual, which the Exchange House has developed for the due compliance of these Provisions, as well as on the activities, products and services offered by the Exchange House.

. . .

II.

. . .

Paragraph repealed.

42a.- Each Exchange House, 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 Relevant Operation reports, cash operations with United States dollars provided for in the 25a Bis of these Provisions, 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, under the terms and according to the deadlines established in these Provisions;

As an exception to what is stated in this fraction, Exchange Houses may manually generate the report referred to in the 8a Ter of these Provisions;

III. and IV . . . .

Execute the alert system contemplated in the 18a of these Provisions;

V. Bis.- Contribute to the detection, follow-up and analysis of possible Unusual Operations and Concerning Internal Operations, considering at least, the information that has been provided by the User at the beginning of the commercial relationship, the historical records of the Operations carried out by this, the transactional behavior, average balances 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 Exchange Houses will include in the methodology they must elaborate in accordance with what is established in the 14a-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 29a of these Provisions, with Politically Exposed Persons, in accordance with what is stated in the 57a of these Provisions, as well as with those who are within the Blocked Persons List, and

XI.

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

48a.- Exchange Houses must adopt selection procedures to ensure that their personnel has the necessary technical quality and experience, as well as honorability to carry out the activities that correspond to them, which must include obtaining a signed declaration by the official or employee in question, in which they will record information relative to any other financial entity or those companies referred to in article 95 Bis of the General Law of Organizations and Auxiliary Credit Activities in which they have previously worked, if applicable, as well as the fact of not having been sentenced for property crimes or disqualified from exercising commerce as a consequence of non-compliance with legislation or to hold employment, 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 of the Exchange House, or in some other document or manual elaborated by the Exchange House itself.

. . .

50a.- Exchange Houses are obligated to preserve for a period no less than ten years, counted from the execution of the Operation carried out 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 preserved throughout the validity of the Operation and, once this concludes, for the period referred to in this Provision, from the conclusion of the Operation.

The identification file that Exchange Houses must preserve in terms of this Provision, must allow identifying the User, as well as knowing the Operations they carry out with the Exchange House.

III .

The historical records of the Operations they carry out with their Users.

IV .

Copy of the Relevant Operation reports, cash operations with United States dollars provided for in the 25a Bis of these Provisions, Unusual Operations, Concerning Internal 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 preserved as such by the Exchange House itself for the same period.

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

The preservation 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.

. . .

54a.- The Commission will be empowered to require directly from Exchange Houses or through the association to which they belong, if applicable, to make modifications to the Compliance Manual, as well as to the other documents indicated in these Provisions, when in its judgment it is necessary for the correct application thereof.

55a.- The Commission, in exercise of the supervision powers conferred by the Law and other legal instruments, will monitor that Exchange Houses, including in their case, their offices, branches, agencies, subsidiaries, locations and establishments, both in national territory and abroad, comply with the obligations established in these Provisions, in their own Compliance Manual of the Exchange House itself, as well as in any other document in which criteria, measures and procedures related to the compliance of these Provisions are established, and will impose the corresponding sanctions for failure to comply with said obligations, under the terms indicated in the Law and, likewise, may request at any time, the information or documentation necessary for the development of its powers.

58a-1 .-. . .

Likewise, Exchange Houses must ensure that the key referred to in the previous paragraph, is kept updated in the name of the Compliance Officer or Compliance Officer designated as interim, as appropriate.

Chapter XIV Bis

Novel Models

58a-2.- Exchange Houses that intend to obtain authorization from the Commission so that, through Novel Models, they carry out some of the Operations referred to in fraction XXIII of the 2a 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 together with its authorization request.

III.

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

59a .-. . .

Exchange Houses must adopt and implement mechanisms that allow identifying Users who are within the Blocked Persons List, as well as any third party acting on behalf or on account of the same, and those Operations they have carried out, are carrying out or intend to carry out. These mechanisms must be provided for in the Compliance Manual of the Exchange House itself.

61a .-. . .

Exchange Houses that, in terms of this Provision, have suspended acts, Operations or services with their Users, must immediately make this situation known to them in writing or through digital means, in which they must inform said Users of the grounds and cause or causes of said inclusion, as well as that, within the ten business days following

on the day of receipt of the aforementioned writing, they may appear before the competent authority for the purposes of Article 62 of these Provisions.

TRANSITIONAL PROVISIONS

First.- This Resolution shall 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 the provisions of the Resolution of September 25, 2009, and subsequent Resolutions through which the General Provisions referred to in Article 95 of the General Law of Credit Organizations and Auxiliary Activities applicable to Exchange Houses have been added to or amended, shall remain applicable insofar as they do not conflict with what is established in this Resolution.

Third.- Exchange Houses must comply with the obligations contained in this Resolution, in accordance with the terms and deadlines set forth below:

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

II.

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

III.

Eighteen months from the entry into force of this Resolution to update the automated systems referred to in Article 42 of the Provisions.

IV.

Twenty-four months from the entry into force of this Resolution to obtain the Geolocation of the Device from which the User conducts each Operation, as referred to in these Provisions.

Fourth.- Exchange Houses are obligated to send the report referred to in Article 8 Ter of these Provisions, once the Secretariat makes known the guide or guidelines for such effect through the electronic means indicated for that purpose.

Fifth.- Exchange Houses are obligated to comply with what is provided in Article 10, fraction IV, subsection c), and fraction V, subsection c), which are added in this instrument, starting from November 1, 2020.

Annex 1

The simplified regime referred to in fraction III, subsection D of Article 4 of these Provisions, shall apply to the following societies, departments, and entities:

FinTech 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, Forest, and Fisheries

Brokerage Houses

10.

Exchange Houses

11.

Retirement Fund Administrators

12.

Insurance Institutions

13.

Mutual Insurance Societies

14.

Surety Institutions

15.

General Warehouses

16.

Savings and Loan Cooperative Societies

17.

Community Financial Societies

18.

Popular Financial Societies

19.

Multiple-Objective Financial Societies, Regulated and Unregulated

20.

Credit Unions

21.

Securities Issuing Societies *

22.

Foreign Financial Entities

23.

Federal, state, and municipal public departments 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 operations

27.

Central Counterparties for Securities

28.

Societies authorized to operate with Novel Models pursuant to Title IV of the Law to Regulate FinTech Institutions.

Annex 2

On Non-Presential Identification

Article 1.- Exchange Houses, for the purposes of identifying their Users who are Mexican natural persons, in the non-presential celebration of Operations up to five thousand United States dollars, may adhere to the provisions of this Article:

Obtain prior approval from the Commission.

II.

Require the natural person in question to send a form through the electronic medium established by the Exchange House itself, in which must be included, at least, the data referred to in Article 4 Bis of these Provisions, as well as the product or service intended to be contracted.

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

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

Additionally, Exchange Houses must require the natural person to send in digital format the documents necessary to integrate and conserve their identification file in terms of what is provided in Article 4 Bis of these Provisions.

III.

Once the duly filled form is received, they must verify if the applicant is a User of the Exchange House and, in this case, verify the data of the form with the records of the Exchange House itself.

In addition to the above, Exchange Houses must confirm the existence of the Unique Population Registry Key (CURP) 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 credential and the face, in order to perform facial biometric recognition between them, ensuring that both coincide according to the reliability level established in fraction IV of Article 4 of this Annex, and validate the security elements of the received voter credential, in order to detect if said document presents alterations or inconsistencies, for which they must have the necessary technology for this.

Additionally, Exchange Houses must verify the coincidence of the data of the voter credential 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 credential.

Year of registration.

Voter Key.

Number and year of issuance.

Exchange Houses must verify that the paternal surnames, maternal surnames, and name or names, as they appear on the presented voter credential, 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 in the development of the real-time communication, what the access points to the media for its realization are, as well as deliver a one-time use code, which will be required from the applicant at the start of the communication.

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

Verify that the quality of the image and sound allow for full identification of the applicant, according to the parameters established by the Exchange Houses 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 the event that the applicant is already a User of the Exchange House, they must authenticate them using an authentication factor, understood as the authentication mechanism, tangible or intangible, based on the User's physical characteristics, on devices or information that only the User possesses or knows. These mechanisms may include:

Information that the User knows and that the Exchange House validates through questionnaires practiced by operators of telephone service centers.

ii.

Information that only the User knows, such as passwords and Personal Identification Numbers (PINs).

iii.

User information derived from their physical characteristics, such as fingerprints, hand geometry, or iris or retina patterns, provided that such information cannot be duplicated and used subsequently.

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

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

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 that of the previously received voter credential. The foregoing will be a condition to proceed to the stage of formalizing the contracting of the product or service in question.

Identify suspicious behavior patterns that could indicate that the person being interviewed is not who they say they are.

VI.

Exchange Houses must suspend the identification 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 credential; 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 credential, 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 (CURP) does not coincide with the information from the National Population Registry.

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

The Exchange House personnel having the online communication identifies an atypical or risky situation, or has doubts about the authenticity of the voter credential or the identity of the applicant.

Interruptions in the connection occur.

To determine the amount in United States dollars of the Operations 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 Operation 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 or board of directors of the Exchange Houses.

Article 2.- Exchange Houses 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.

Exchange Houses 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 or board of directors, for such effects, when the identification documents are shown and the facial recognition of the applicant is performed.

Article 3.- The Commission may approve non-presential identification mechanisms for Users other than those indicated in Article 1 of this Annex, provided that Exchange Houses 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 (CURP) with the National Population Registry or some other element of identification that is verifiable against the records of some Mexican authority, as well as the correspondence of the data.

Article 4.- Exchange Houses, when requesting the approvals referred to in Article 1 and, where applicable, Article 3 of this Annex, 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 sole administrator, as well as the technological infrastructure employed in each part of this.

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 Operation in question.

III.

Evidence that the means of verification of the validity of the Users' identification documents have the effectiveness approved by the risk manager or their equivalent or, in case of not having this, by the audit committee or board of directors of the Exchange Houses.

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 or board of directors of the Exchange House.

The image and sound quality standards 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 Exchange Houses intend to modify the procedures described in Articles 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. - Signature.

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