Resolution reforming, adding, and repealing various General Provisions under Article 124 of the Savings and Popular Credit Law — SHCP — MX

DOF: 09/09/2021

RESOLUTION reforming, adding, and repealing various of the General Provisions referred to in Article 124 of the Savings and Popular Credit Law

A seal with the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.

RESOLUTION REFORMING, ADDING, AND REPEALING VARIOUS OF THE GENERAL PROVISIONS REFERRED TO IN ARTICLE 124 OF THE SAVINGS AND POPULAR CREDIT LAW

ROGELIO EDUARDO RAMÍREZ DE LA O, Secretary of Treasury and Public Credit, based on

the provisions of Articles 31, fractions VII and XXXII, of the Organic Law of the Federal Public Administration;

46 Bis first paragraph and 124 of the Savings and Popular Credit Law, in the exercise of the powers

conferred upon me by Article 6, fraction XXXIV, of the Internal Regulations of the Ministry of Treasury and Public

Credit, and having received the prior opinion of the National Banking and Securities Commission issued via

letter number VSPP-220/10030526/2021 dated July 29, 2021; and

CONSIDERATIONS

That since the year 2000 Mexico has been a full member of the Financial Action Task Force (FATF),

an intergovernmental body that sets international standards in matters of prevention and combat against

operations with proceeds of illicit origin and terrorism financing.

That on March 20, 2019, the Ministry of Treasury and Public Credit published in the Official Gazette of the

Feder various modifications to the General Provisions referred to in Article 124 of

the Savings and Popular Credit Law, with the objective of addressing the recommendations of the FATF and establishing a

non-presidential identification regime, thereby granting the possibility to popular financial societies,

community financial societies with operation levels I to IV and rural financial integration

organisms, to carry out client identification through a real-time and

online videoconference; which resulted in a strengthening of the risk assessment methodology so that these

entities evaluate their risks of being used to carry out operations with proceeds of illicit

origin and terrorism financing prior to the use of new technologies.

That on March 6, 2020, the FATF published the Digital Identification Guide, resulting as a

turning point in the topic of financial technology, showing the benefits of digital identity in matters of

prevention and combat against operations with proceeds of illicit origin and terrorism financing,

presenting financial technology as a more reliable and secure method for financial

entities when carrying out client identification through the use of mechanisms such as

liveness checks, the use of biometric elements and authentication factors, among others, which allow the

mitigation of risks of operations with proceeds of illicit origin and terrorism financing.

That on March 11, 2020, the World Health Organization declared the disease caused by the

SARS-CoV2 virus (COVID-19) as a pandemic, calling on countries to: (i) adopt measures

urgent and aggressive to contain the spread of the virus, (ii) implement an approach based on the

government-wide and whole-of-society participation, around a comprehensive strategy directed to prevent

infections, save lives and minimize their effects, and (iii) find a delicate balance between the

protection of health, the minimization of social and economic disruptions, and respect for human

rights.

That on March 24, 2020, the Ministry of Health published in the Official Gazette of the Federation the

"Agreement establishing the preventive measures that must be implemented to mitigate and

control health risks implied by the disease caused by the SARS-CoV2 virus (COVID-19)", which

establishes in its Article Two, subsection c) "Temporarily suspend the activities of the sectors

public, social and private that involve physical concentration, transit or displacement of people starting from

the entry into force of this Agreement and until April 19, 2020".

That on March 31, 2020 the Ministry of Health published in the Official Gazette of the Federation the

"Agreement establishing extraordinary actions to address the health emergency generated

by the SARS-CoV2 virus", which, in its Article One, fraction I, orders the immediate suspension, from March 30

to April 30, 2020, of non-essential activities, with the aim of mitigating the dispersion and

transmission of the SARS-CoV2 virus in the community.

That through the "Agreement modifying the similar one establishing extraordinary actions to address the

health emergency generated by the SARS-CoV2 virus, published on March 31

of 2020", published on April 21, 2020 in the Official Gazette of the Federation, the Ministry of Health

deemed it necessary to maintain and extend the National Day of Healthy Distance until May 30, 2020,

as well as ensure the adequate implementation and compliance with health security measures.

That on May 15, 2020 the Ministry of Health published in the Official Gazette of the Federation the "Agreement

modifying the one establishing a strategy for the reopening of social, educational and economic activities,

as well as a regional traffic light system to evaluate weekly the epidemiological risk related to the

reopening of activities in each federal entity, as well as establishing extraordinary actions, published on May 14, 2020" with the objective

of establishing a mechanism involving the public, social and private sectors to resume

activities under health security protocols, which guarantee both to their workers, as well as to the public

general that standards are being met that reduce risks associated with SARS-CoV2.

That in this sense and particularly with respect to the financial system, there was a massive closure of

branches of various financial entities, in compliance with the sanitary measures declared by the

Federal Government for the period during which the contingency due to COVID-19 is in effect; which translated

into one of the main challenges to guarantee the continuity of the offering and provision of services

financial to the general public attending to the new normality, without neglecting or undermining the regime of

prevention of operations with proceeds of illicit origin and terrorism financing.

That on April 1, 2020, the FATF issued a statement regarding the health emergency generated

by COVID-19 and measures to combat illicit financing, calling for (i) countries to explore the appropriate use of simplified identification measures and digital identification to facilitate

financial operations while mitigating risks of operations with proceeds of illicit

origin and terrorism financing, and (ii) regulators, supervisors and other authorities

involved in the matter, provide the necessary assistance to the private sector regarding how the

regulation in the matter will be applied during the current health crisis.

That, although currently popular financial societies, community financial societies

with operation levels I to IV and rural financial integration organisms, have had since March 2019

a non-presidential identification regime, it was not sufficient to address the needs of the general public

to open accounts or enter into contracts and, in turn, mitigate risks in matters of prevention of

operations with proceeds of illicit origin and terrorism financing.

That in this sense and based on the FATF Digital Identification Guide, as well as in compliance with

Recommendations 10 and 15 of said group, it is necessary, as with other participants

regulated in the matter, to recognize the legal possibility that popular financial societies,

community financial societies with operation levels I to IV and rural financial integration organisms

may comply with their obligations in matters of prevention of operations with proceeds of illicit

origin and terrorism financing through the use of new technologies, of course with the

responsibility of complying with the applicable norms to that effect so that they have the value that in law

corresponds.

That, additionally, in compliance with FATF Recommendation 4 and the content of the Mutual Evaluation Report,

issued by said intergovernmental body, in January 2018, it is necessary to strengthen the

legal framework regarding the formation of the Blocked Persons List, given that our country,

as a member of the FATF, has recognized the formation of shell companies as a generalized technique

to carry out operations with proceeds of illicit origin; in this sense, the circumstance of

inclusion to the Blocked Persons List is added for those taxpayers referred to in the fourth paragraph of

Article 69-B of the Federal Tax Code, the foregoing in order to prevent the commission of the crimes of

operations with proceeds of illicit origin and terrorism financing.

That in attention to Article 78 of the General Law of Regulatory Improvement and with the purpose of complying with the

requirement of regulatory simplification for the issuance of the present Resolution, the savings

generated in the "Resolution reforming, adding, and repealing various of the General Provisions

general referred to in Article 124 of the Savings and Popular Credit Law", dictated by the

National Commission for Regulatory Improvement in file CONAMER/21/3432, with an amount

of $59,313,176.48

pesos.

RESOLUTION REFORMING, ADDING, AND REPEALING VARIOUS OF THE GENERAL PROVISIONS REFERRED TO IN ARTICLE 124 OF THE SAVINGS AND POPULAR CREDIT LAW.

SINGLE ARTICLE.- The 2nd fractions X and XVII; 4th Bis first, second, fourth and sixth

paragraphs; 7th second, fourth and seventh paragraphs; 8th; 14th third paragraph; 17th; 26th second paragraph; 27th fourth and

last paragraphs; 29th; 38th first paragraph; 40th first paragraph; 45th first paragraph; 50th Bis first and last

paragraphs; 51st first paragraph, fractions I to III; 73rd second paragraph; Annex 2 articles 1, 2 and 4; are REFORMED; the 2nd fractions XXIII Bis and XXVII Bis are ADDED; 4th Bis third and sixth paragraphs with the rest being shifted in order;

14th

fourth and fifth paragraphs with the rest being shifted in order; 15th fifth, sixth and seventh paragraphs; 26th third

and fourth paragraphs; 27th fifth paragraph with the rest being shifted in order; 38th last paragraph; 74th first

paragraph, fraction VII; 77th first paragraph, fraction V; Annex 2 Chapter I "Object", Chapter II "Thresholds for non-presidential identification", Chapter III "Technological Identification Mechanisms", Chapter IV

"Requirements" and Chapter V "Other provisions", with the articles being shifted in order, and the 4th

Bis third paragraph; 18th Bis; Annex 2 article 3, all of them of the General Provisions referred to in

Article 124 of the Savings and Popular Credit Law, are REPEALED, to read as follows:

2nd.-

...

I. to IX. ...

X. Device, the equipment that allows access to the worldwide network called Internet, used to open

accounts, enter into contracts, or carry out Operations through Internet pages or mobile applications,

among other technological developments, that the Entities themselves make available to their Clients to

carry them out.

Devices shall not be considered those that:

a) Are owned by the Entities.

b) Are under the control of the Entities.

c) Are provided under additional controls by the Entities to their Clients so that they can carry out

Operations, or

d) Are installed in the branches of the Entities themselves or in public sites, complying

with the respective regulation so that Clients can enter into contracts or carry out Operations;

XI. to XVI. ...

XVII.

Geolocation, the geographic location of the Device used to open accounts, enter into

contracts or carry out non-presidential Operations, which consists of obtaining the geographic coordinates of

latitude and longitude through the global positioning system (GPS) in which the Device is located.

In the event that Clients open accounts, enter into contracts or carry out non-presidential Operations

from a Device that, due to its characteristics, cannot provide the geographic coordinates of

latitude and longitude through GPS, the Entities must obtain the geographic coordinates of latitude and

longitude based on the matching of the Internet protocol address provided by the Client's

Device with a geographic location, for the approximate obtaining of said coordinates.

The geographic coordinates of latitude and longitude obtained through GPS or based on the

matching of the Internet protocol address must be obtained with the prior consent of the Client in terms of the regulation that in matters of data protection is applicable;

XVIII. to XXIII. ...

XXIII Bis. Technological Identification Mechanism, to

any of the procedures referred to in

Annex 2, through which the Entities carry out the comparison of the valid identification document and

the application of liveness checks;

XXIV. to XXVII. ...

XXVII. Bis. Interim Compliance Officer, to the person referred to in the 50th Bis of the present

Provisions;

XXVIII. to XXXIX. ...

4th Bis.- The Entities that receive contributions to the share capital of the same, open an account or enter into

a contract through Devices in a non-presidential manner to individual or corporate Clients, both of

Mexican 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 Clients the Geolocation of the Device from which they open the account or

enter into the contract, as well as:

I. Regarding individual Clients who declare to the Entity to be of Mexican nationality:

a) Repealed.

b) Consent which may be obtained through Electronic Signature or Advanced Electronic Signature.

Such consent shall serve as proof to legally verify the opening of the account or the entry into the

contract carried out with the Entity in a non-presidential manner.

c) ...

d) In its case, Standardized Banking Key (CLABE) of an account opened in any financial entity

or Foreign Financial Entity authorized to receive deposits, whose holder coincides with the name to

which the 4th, fraction I of these Provisions refers.

e) The statement of the individual in which they indicate that they act on their own behalf. Such

statement may be established in the Terms and Conditions established for that purpose by the Entity.

f) The digital version of the valid official personal identification document currently in force from which the

data referred to in this Provision originate.

g) The digital version of the proof of address which may be any of those indicated in subsection b),

numeral iii. of fraction I of the 4th of these Provisions.

Notwithstanding, when the declared address coincides with that of the voter credential of the Client

issued by a Mexican authority, in the event that they have been identified with the same, this will function

as the proof of address referred to in this subsection.

II. Regarding Clients that are corporate entities of Mexican nationality:

a) Email.

b) In its case, Standardized Banking Key (CLABE) of an account opened in any financial entity

or Foreign Financial Entity authorized to receive deposits, whose holder coincides with the

designation or corporate name referred to in the 4th, fraction II of these Provisions.

c) Consent which may be obtained through the Electronic Signature or Advanced Electronic Signature of the

legal representative. Such consent shall serve as proof to legally verify the opening of the account

or the entry into the contract carried out with the Entity in a non-presidential manner.

d) The information referred to in the 4th, fraction II, subsection c) and fraction VI of these Provisions.

e) The digital version of the identification documents referred to in the 4th, fraction II, subsection b) of the

present Provisions, with the exception of those indicated in numeral ii of the same subsection.

The Entities shall not carry out the receipt of contributions to their share capital, the

opening of the account or the entry into the contract in a non-presidential manner, when they do not collect the data related to

Geolocation.

The Entities shall not be obligated to collect the data related to Geolocation regarding the

societies, dependencies and entities referred to in Annex 1 of these Provisions,

provided that the aforementioned societies, dependencies and entities have been classified as Clients with

a Low Risk Degree in terms of the 27th of these Provisions.

Repealed paragraph.

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

present Provision shall be understood as the voter credential issued by the National Electoral Institute in the country or through the

consular offices of the Ministry of Foreign Affairs abroad, the passport and the

consular registration certificate.

...

The digital version of the valid official personal identification document currently in force that the Entities collect

for identification purposes must allow its verification in terms of these Provisions.

Additionally, the digital versions of the documents that the Entities collect must

be preserved in their Files or Records in accordance with these Provisions. The Entities must

preserve the documents in accordance with the official Mexican standard on digitalization and preservation of

Data Messages applicable or consider an international standard whenever the standard of

compliance has at least the requirements of the official Mexican standard and does not contravene it.

...

7th.- ...

Regarding contributions to share capital, accounts opened or contracts entered into

in accordance with the 4th Bis of these Provisions, in substitution of the interview referred to in the previous paragraph,

the Entities may establish the Technological Identification Mechanisms referred to in Annex 2 of

these Provisions.

...

With respect to the accounts referred to in the 15th of these Provisions, the Entities may carry out

the remote receipt or capture of the data, in substitution of the interview mentioned in the first paragraph

of this provision, provided that the Entity in question verifies the authenticity of the Client's

data, for which they must adhere to the following procedure:

...

The validation of the identification data referred to in this Provision may be carried out through

different procedures than those indicated in the previous paragraph, with prior authorization of the Commission,

with the opinion of the Ministry.

8th.- The Entities must preserve, as part of the identification file of each of their

Clients, the data and documents mentioned in the provisions of this Chapter, as applicable, the document containing the results of the interview or of the Technological Identification Mechanisms referred to in

the 7th, as applicable, that of the visits referred to in the 23rd, as applicable, and the questionnaire

provided for in the 27th of these Provisions.

14th.- ...

...

In the event that the transactional level of any of the products or services referred to in the

first paragraph of this Provision exceeds the maximum amount established by the Entity for them to

be considered as low risk, said Entity must proceed to carry out the in-person interview or

apply any of the Technological Identification Mechanisms referred to in the 7th and Annex 2,

respectively, of these Provisions and integrate the identification file of the respective Client

with all the information and documentation that corresponds, in terms of what is provided in

the 4th or 4th Bis of these Provisions, as well as comply with the various obligations established in

the same.

Likewise, the Entities must inform their Clients that they cannot carry out Operations above

the limit until the identification process that corresponds is concluded.

To determine the transactional level referred to in this provision, the Entities shall not be

obliged to consider the amounts related to interest generated or any other bonus that these

Entities grant for the use or management of the respective account that, as applicable, are made in the period

in question.

...

15th.-

...

In the event that the transactional level of any of the products or services referred to in the

first paragraph of this Provision exceeds the maximum amount established by the Entity for them to

be considered as low Risk, said Entity must proceed to carry out the in-person interview or

apply any of the Technological Identification Mechanisms referred to in the 7th and Annex 2,

respectively, of these Provisions and integrate the identification file of the respective Client

with all the information and documentation that corresponds, in terms of what is provided in

the 4th or 4th Bis of these Provisions, as well as comply with the various obligations established in

the same.

Likewise, the Entities must inform their Clients that they cannot carry out Operations above

the limit until the identification process that corresponds is concluded.

To determine the transactional level referred to in this provision, the Entities shall not be

obliged to consider the amounts related to interest generated or any other bonus that these

Entities grant for the use or management of the respective account that, as applicable, are made in the period

in question.

17th.- For the carrying out of Operations through electronic, optical or any other

technology, the Entities must previously integrate the Client's identification file in accordance with what is established in these Provisions, establish mechanisms to identify the same, as well

as develop procedures to prevent the improper use of said means or technologies, which

must be contained in their Compliance Manual or in another document or manual prepared by

the Entity itself.

18ª Bis.- Repealed.

26ª.- ...

Regarding those Operations carried out in a non-presential manner, in addition to the elements for determining the Client's transactional profile indicated in the preceding paragraph, the Entity must take into account the Geolocation of the Device from which such Operation is carried out.

The Geolocation referred to in the preceding paragraph may cover the various Operations that the Client carries out in the active session within the Internet page or mobile application, among other technological developments, that the Entities themselves make available to their Clients to carry them out.

Entities will not be obligated to take into account the data relating to Geolocation in terms of this Provision, regarding the societies, dependencies, and entities referred to in Annex 1 of these Provisions, provided that the aforementioned societies, dependencies, and entities have been classified as Clients with a Low Risk Grade in terms of the 27th of these Provisions.

27ª.- ...

...

In the case of capital contributions, account openings, or contract celebrations carried out in a non-presential manner referred to in the 4th Bis of these Provisions, Entities must consider the Geolocation information of the Device from which the Client carries out the Operation, activity, or service with the respective Entity.

Entities will not be obligated to consider Geolocation information in terms of this Provision, regarding the societies, dependencies, and entities referred to in Annex 1 of these Provisions, provided that the aforementioned societies, dependencies, and entities have been classified as Clients with a Low Risk Grade in terms of this Provision.

...

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

29ª.- Prior to opening accounts or celebrating contracts with Clients who, due to their characteristics, are classified by the Entity with a High Risk Grade, at least one executive or their equivalent who has specific powers to approve the opening or celebration of said accounts or contracts, as applicable, must grant written approval, in digital or electronic form. Likewise, for the purposes referred to in fractions IV and V of the 50th of these Provisions, Entities must provide in their Compliance Manual the mechanisms so that their respective Compliance Officers have knowledge of those Clients who are classified with a High Risk Grade by the Entities themselves, as well as the procedures that must be carried out to process the approval indicated in this Provision.

38ª.- Entities must monthly report to the Secretariat, through the Commission, no later than within fifteen business days following the last business day of the immediately preceding month, a report for each international fund transfer that, individually, any of their Clients or Users has received or sent during said month, for an amount equal to or greater than one thousand United States dollars or its equivalent in national currency or in the foreign currency in which it is carried out.

...

For purposes of calculating the amount of the Operations in its equivalent in national currency, 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 business day immediately preceding the date on which the Operation is carried out, will be considered.

40ª.- For each Unusual Operation detected by an Entity, it must report to the Secretariat, through the Commission, the corresponding report, within three business days following the day on which the session of the Committee that rules on it as such concludes. For purposes of carrying out the aforementioned ruling, the Entity, through its Committee, will have a period that will not exceed sixty calendar days counted from when the alert is generated through its system, model, process, or by the Entity's employee, whichever occurs first.

...

45ª.- For each Concerning Internal Operation detected by an Entity, it must report to the Secretariat, through the Commission, the corresponding report, within three business days following the day on which the session of the Committee that rules on it as such concludes. For purposes of carrying out the aforementioned ruling, the Entity, through its Committee, will have a period that will not exceed sixty calendar days counted from when such Entity detects that Operation, through its system, model, process, or by any employee thereof, whichever occurs first.

...

50ª Bis.- The Committee of each Entity or its board of directors or general manager may appoint an Entity official who will temporarily exercise the functions of Compliance Officer, in compliance with its obligations under these Provisions, for up to ninety calendar days during a calendar year, counted from when the official designated as Compliance Officer leaves, has their appointment revoked, or is unable to perform the assignment in question.

...

The Interim Compliance Officer must perform the functions and obligations indicated in these Provisions, until the moment when the revocation indicated in fraction II of the 51st of these Provisions is reported.

51ª.- ...

I. The full name and surnames without abbreviations of the official who has been designated as Compliance Officer, as well as the other information provided for in the indicated format, within ten business days following the date on which the corresponding appointment was made;

II. The revocation of the appointment of the Compliance Officer or Interim Compliance Officer who had been designated in terms of what is established in both the 50th and the 50th Bis of these Provisions, as applicable, within ten business days following the date on which it occurred, whether by determination of the Entity, rejection of the assignment, termination of employment, or inability, as well as the other information provided for in the indicated format, and

III. The full name and surnames without abbreviations of the official who has been designated as Compliance Officer in terms of what is established in the 50th Bis of these Provisions, as well as the other information provided for in the indicated format, within ten business days following the date on which it occurred.

73ª.- ...

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

74ª.- ...

I. to VI. ...

VII. Those that appear on the list of taxpayers referred to in the fourth paragraph of article 69-B of the Federal Tax Code.

77ª.- ...

I. to IV. ...

V. They are in the situation referred to in the sixth paragraph of article 69-B of the Federal Tax Code.

...

Annex 2

...

Chapter I "Object"

Article 1.- This Annex aims to establish the minimum measures and procedures that Entities must observe in order to comply with the 4th Bis of these Provisions, without prejudice to compliance with the various obligations established therein.

Chapter II "Thresholds for non-presential identification"

Article 2.- Entities must observe the following thresholds by type of Technological Identification Mechanism and product on which they request authorization from the Commission for purposes of complying with the 4th Bis of these Provisions:

I. Regarding the Technological Identification Mechanism provided for in article 4 of this Annex, for the realization or contracting of:

a) Capital contributions and deposit account openings that Entities offer to applicants who are natural persons, natural persons with business activity, or legal entities, all of Mexican nationality, it must be agreed in the respective contracts that the sum of the deposits over the course of one calendar month does not exceed the equivalent in national currency to 30,000 Units of Investment.

In the event that the transactional level exceeds the maximum amount established in the preceding paragraph, the Entity must carry out the Technological Identification Mechanism provided for in article 5 of this Annex, if it has the corresponding authorization, or carry out the in-person interview referred to in the 7th of these Provisions and integrate the identification file of the respective Client with all the information and documentation corresponding, in terms of what is provided for in the 4th or 4th Bis of these Provisions, as well as comply with the various obligations established therein. Likewise, Entities must inform their Clients that they cannot carry out operations above the limit until the corresponding identification process is concluded.

To determine the transactional level referred to in this provision, Entities are not obligated to consider amounts related to interest generated or any other bonus that such Entities grant for the use or management of the respective account, if any, carried out during the period in question.

b) Consumer credits that Entities offer to natural person applicants, as well as commercial credits granted to natural persons with business activity and legal entities, all of Mexican nationality, in both cases it must be agreed in the respective contracts that the credit line or amount granted does not exceed the equivalent in national currency to 60,000 Units of Investment.

II. Regarding the Technological Identification Mechanism provided for in article 5 of this Annex:

In the event that the transactional level exceeds the maximum amount established in the preceding paragraph, the Entity must carry out the in-person interview referred to in the first paragraph of the 7th of these Provisions and integrate the identification file of the respective Client with all the information and documentation corresponding, in terms of what is provided for in the 4th of these Provisions, as well as comply with the various obligations established therein. Likewise, Entities must inform their Clients that they cannot carry out Operations above the limit until the corresponding identification process is concluded.

To determine the transactional level referred to in this provision, Entities will not be obligated to consider amounts related to interest generated or any other bonus that such Entities grant for the use or management of the respective account, if any, carried out during the period in question.

Entities must take as a reference value the Units of Investment referred to in this article, that applicable for the last day of the calendar month preceding that in which the contract level calculation is carried out for the granting of the credit in question.

Chapter III "Technological Identification Mechanisms"

Article 3.- Entities may opt for one or both of the Technological Identification Mechanisms indicated in articles 4 or 5 subject to the thresholds indicated in article 2 of this Annex.

Without prejudice to the foregoing, additionally, Entities may carry out the Technological Identification Mechanism referred to in article 5 of this Annex subject to the thresholds referred to in fraction I of article 2 of this Annex.

Article 4.- Entities must have technology that allows identifying the applicant through a recording containing image and sound, which must be preserved without edits in its total duration throughout the validity of the account or contract and, once it concludes, for a period of at least ten years from the conclusion of the account opening or contractual relationship.

Additionally, during the development of the Technological Identification Mechanism referred to in the preceding paragraph, Entities must observe the following:

a) Register the time and date of its realization obtained from a protected time server.

b) Implement it through automated tools that allow its recording and subsequent reproduction.

c) Verify that the quality of the image and sound allows full identification of the applicant, according to the parameters established by the Entities themselves for such effect.

d) Require the applicant to show the valid identification document they sent along with the form referred to in fraction III of article 7 of this Annex, both the front and back, verifying that it contains the same data and photograph as the valid identification document previously sent.

e) Use specialized technology that allows them to achieve reliable identification of the applicant, ensuring that there is a match between their face and that of the valid identification document previously sent.

f) Perform a liveness test on the applicant.

For purposes of the foregoing, a liveness test will be understood as technical tests based on algorithms, to measure and analyze the anatomical characteristics or voluntary and involuntary reactions of the applicant, in order to determine if a biometric sample is being captured from a subject with life present at the capture point.

Article 5.- Entities must verify the match of the applicant's biometric information either with the records of the National Electoral Institute, the Secretariat of Foreign Relations, or with those of any other Mexican authority that provides a biometric information verification service.

In the event that the biometric information referred to in the preceding paragraph is the applicant's fingerprints, Entities must ensure that the applications or means they have available ensure that the fingerprint is obtained directly from the applicant, that is, a live fingerprint test, avoiding the recording of fingerprints from impressions on any material intended to simulate another person's fingerprint or images pursuing such end, and have security measures that guarantee that the stored, processed, or sent information through such applications or means is not known or used by unauthorized third parties, as well as authenticate that the fingerprint obtained from the applicant matches, at least, ninety percent with the records of the databases of the National Electoral Institute, the Secretariat of Foreign Relations, or with those of any other Mexican authority that provides a biometric information verification service.

Additionally, Entities must have technology that allows identifying the applicant through a recording containing image and, if applicable, sound, which must be preserved without edits in its total duration throughout the validity of the account or contract and, once it concludes, for a period of at least ten years from the conclusion of the account opening or contractual relationship, and must observe the requirements referred to in article 4, second paragraph of this Annex. To comply with item c), it will be necessary to verify the quality of the sound when applicable.

Article 6.- In the event that the National Electoral Institute, the Secretariat of Foreign Relations, or any other Mexican authority that provides a biometric information verification service, cannot respond to requests for biometric information verification referred to in article 5 of this Annex due to technical or communication failures attributable to the corresponding Mexican authority, Entities may, if they have the corresponding authorization, carry out the Technological Identification Mechanism of article 4 of this Annex 2, subject to the corresponding limits.

In the event that the transactional level exceeds the maximum amount established for the Technological Identification Mechanism referred to in article 4 of this Annex, the Entity must carry out the in-person interview referred to in the 7th of these Provisions or apply the Technological Identification Mechanism provided for in article 5 of this Annex, if it has the corresponding authorization for the latter, and integrate the identification file of the respective Client with all the information and documentation corresponding, in terms of what is provided for in the 4th or 4th Bis of these Provisions, as well as comply with the various obligations established therein. Likewise, Entities must inform their Clients that they cannot carry out operations above the limit until the corresponding identification process is concluded.

Chapter IV "Requirements"

Article 7.- Additionally, for purposes of what is established in this Annex, Entities must:

I. Obtain prior authorization from the Commission.

Authorization referred to in the preceding paragraph will not be necessary when Entities comply with the thresholds referred to in article 2, fraction I of this Annex and carry out the Technological Identification Mechanism referred to in article 5 of this Annex. In this case, Entities must inform the Commission in advance of the products and the date on which they will start offering them, through the electronic means indicated by the latter.

Likewise, Entities must observe what is established in fractions II to VII of this article, as well as the requirements provided for in articles 8 and 9 of this Annex.

Entities must conserve all the supporting information and documentation, which must be available to the Commission, upon its request, within the timeframe established by the Commission itself.

II. Require the applicant to declare whether they are already a Client of the Entity. In the event that the declaration is affirmative, the Entity must observe what is provided for in fraction IV of this article. Regardless of the applicant's declaration, the Entity must complete their identification file according to the product they intend to contract.

III. Require the applicant who has declared not to be a Client of the Entity to send a form through the electronic medium established by the Entity for this purpose, in which must be included, at least, the identification data referred to in the 4th Bis of these Provisions, as well as the specification of the product intended to be contracted from those provided for in article 2 of this Annex.

The aforementioned form must include a statement indicating that its submission to the Entity in question constitutes the applicant's acceptance for their image and, if applicable, their voice to be recorded in one of the Technological Identification Mechanisms referred to in Chapter III of this Annex. Such statement may be made through automated tools that allow its recording and subsequent reproduction.

IV. In the event that the applicant declares being a Client of the Entity, it must verify at least the data of full name, Client number, and Unique Population Registry Key of the Client, as well as the other data it determines itself in order to corroborate against its own records that, in fact, it is a Client, and in the event that this is the case, the Entity must authenticate them with a category 3 authentication factor according to the General Provisions applicable to savings and popular credit entities, integration organisms, community financial societies, and rural financial integration organisms, referred to in the Savings and Popular Credit Law, issued by the Commission or those that replace them.

In the event that the verification referred to in the preceding paragraph is successful, the Entity may proceed to the contracting of the products provided for in article 2 of this Annex, without the need to carry out what is established in the following fractions V to VIII.

When the verification referred to in this fraction is not successful, the Entity must observe the same requirements provided for in this Annex for applicants who declare not to be Clients.

V. If the Entity corroborates that the applicant is not its Client, together with the form referred to in fraction III of this article, it must require the applicant to send a color photograph of one of the valid identification documents, referred to in the 4th Bis of these Provisions, on the front and back and verify the security elements, in order to detect if they present alterations or inconsistencies, for which they must have the necessary technology for this.

Repealed.

...

Repealed.

If the voter credential issued by the National Electoral Institute in the country or through the consular offices of the Ministry of Foreign Affairs abroad is involved, the Entities must verify the coincidence of the following listed data with the records of the Institute itself or with those of any other Mexican authority that provides a verification service regarding said identification document:

a) The Credential Identifier Code (CIC), which is printed on the voter credential or, in its case, the Optical Character Recognition Code (OCR).

b) to d) ...

The Entities must verify that the paternal and 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 or with those of any other Mexican authority that provides a verification service for said identification document.

Regarding the Mexican passport issued by the Ministry of Foreign Affairs in the country or through its consular offices abroad, the Entities must verify the coincidence of the following mentioned data with the records of the Ministry itself or with those of any other Mexican authority that provides a verification service regarding said identification document:

a) The Optical Character Recognition Code (OCR).

b) Paternal and maternal surnames and name(s), as they appear on the Mexican passport.

c) Passport Number.

In the case of the consular enrollment certificate issued by the consular offices of the Ministry of Foreign Affairs abroad, the Entities must verify the coincidence of the following mentioned data with the records of the Ministry itself or with those of any other Mexican authority that provides a verification service regarding said identification document:

a) Paternal and maternal surnames and name(s), as they appear on the consular enrollment certificate.

b) Date of issue and expiration date.

c) Document Number.

Additionally, the Entities must require the applicant to send in digital format the necessary documents to integrate and maintain their identification file in accordance with what is provided in 4th Bis of these Provisions.

VI. Inform the applicant of the procedure that will be followed in the Technological Identification Mechanism corresponding to those provided in Chapter III of this Annex and what are the access means for its execution, as well as deliver a one-time code, which will be required from the applicant at the start of the Technological Identification Mechanism in question.

Repealed.

VII. The Entities must suspend the applicant's contracting process when any of the following cases occur:

a) The quality of the image and, in its case, the sound, do not allow for full identification of the applicant.

b) The applicant does not present the valid identification document previously sent along with the form referred to in fraction III of article 7 of this Annex, the data obtained from this do not coincide with the records of the National Electoral Institute, the Ministry of Foreign Affairs, the National Population Registry or with those of any other Mexican authority that provides a verification service for biometric information regarding said identification document or, the result of the validation of the security elements of the mentioned documents or of the biometric verifications of the applicant's face referred to in article 5 above, does not reach the effectiveness or level of reliability referred to in fraction VII of article 9 of this Annex.

c) and d) ...

e) Atypical or risky situations occur, or the Entity has doubts about the authenticity of the valid identification document or the identity of the applicant.

Repealed.

In the event of suspension of the contracting process for the causes mentioned in the previous subsections, the Entities must store the obtained information and documentation for at least 30 natural days, with the objective that, in case of resuming the contracting processes, it is corroborated that the information is consistent. Additionally, the aforementioned information and documentation must be used by the Entities in the controls provided for in these Provisions.

For the case of Clients or applicants who are legal entities, for the purposes of identifying their attorneys or legal representatives, the Entities must observe the same procedures indicated in this article, with the exception that, for the case of applicants who declare not to be Clients, the sending of the form referred to in fraction III of this article must be done through a file signed with the Advanced Electronic Signature of the legal entity in question.

The technology used for the procedures referred to in this Annex 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 of the Entity.

The Entities may agree during the development of the Technological Identification Mechanism for the celebration of deposit account contracts referred to in this Annex, the contracting of the electronic services referred to in the general provisions referred to in the Law associated with such accounts, without being able to allow that through the services contracted in accordance with what is established in this article, the celebration of operations charged to other accounts of the same Client is instructed. The aforementioned prohibition will not be applicable when the Client goes to the offices to carry out the contracting of the electronic services.

Repealed.

Article 8.- The Entities must have the necessary means for the transmission and safeguarding of the information, data, and files generated in the identification procedures referred to in article 7 of this Annex, which guarantee the integrity of said information, as well as the correct reading of the data and the impossibility of its manipulation, as well as its adequate security, conservation, and location.

The Entities may use technological improvements that help compensate for the clarity of the images, when any of the valid identification documents are shown and the facial recognition of the applicant is performed, which must be approved by their risk manager or their equivalent or, in case of not having this, by the audit committee, the board of directors or sole administrator.

Chapter V "Other Provisions"

Repealed.

Article 9 - The Entities, when requesting the authorization referred to in article 7, must present the following:

I. Detailed description of the remote identification process, as well as the Technological Infrastructure used in each part of this, specifying the function of each component of said infrastructure, 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.

Likewise, the Entities must include all technology providers involved in the Technological Infrastructure and, in their case, the main applications used for the referred process and their interrelation.

II. Description of the electronic means used for applicants to send, in their case, the form and documents through a secure channel considering, at least, the type of transmission of the device to the node that receives the form information, such as Hyper Text Transfer Protocol Secure, or Transport Layer Security version 1.2 or higher.

III. Name of the certification service provider authorized by the Ministry of Economy used for the conservation of the digital version of any of the valid identification documents referred to in 4th Bis of these Provisions, in accordance with the Official Mexican Standard on digitalization and conservation of Data Messages applicable or consider an international standard whenever the compliance standard has at least the requirements of the Mexican official standard and does not contravene it.

IV. Network diagram showing all components of the Technological Infrastructure that form part of the remote identification process, including the segregation of communication networks and perimeter security equipment, considering redundancy schemes.

Repealed.

V. Detailed information on whether the images of valid identification documents, recordings, and biometric information will be kept in service provider facilities or the Entity's own facilities, describing the controls for access management and mechanisms for their storage.

VI. Evidence that the means of verification of the validity of identification documents have the effectiveness approved by the risk manager or their equivalent or, in case of not having this, by the audit committee, the board of directors or sole administrator of the Entities.

VII. In their case,
evidence that the systems, tools, or mechanisms used for facial identification recognitions or the verifications of any other biometric element that are used, have the level of reliability determined 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.

VIII. In their case, detailed information on the calibration tests of the systems, tools, or mechanisms used for facial identification recognitions or the verifications of any other biometric element that are used.

These tests must be carried out in accordance with the thresholds established by the Entity, which must contemplate the results of these tests, and the adjustments of the validation engine derived from them.

The Entities must accompany their authorization request with evidence of all the above.

IX. Image quality standards and, in their case, sound.

X. In their case, the technical description of category 3 authentication factors that will be required to corroborate that an applicant is a Client of the Entity, in accordance with what is provided in article 7 of this Annex, as well as the characteristics of the one-time code.

XI. Mechanisms through which they will transmit and securely safeguard the information, data, and documents generated in the remote identification procedure.

XII. Mechanisms used to guarantee the integrity, correct reading, impossibility of manipulation, and adequate security, conservation, and location of the information, data, and documents referred to in this Annex.

XIII. Encryption mechanisms in the communication channels used in the remote identification process, indicating the information that will be transmitted through each of said channels.

XIV. Mechanisms used for access management to systems, as well as policies for access management, which include the use of robust passwords.

XV. Policies and procedures for information security incident management.

XVI. Mechanisms or tools used for monitoring and blocking contracts that present the situations described in subsection e) of fraction VII of article 7 of this Annex.

XVII. Conduct tests aimed at detecting vulnerabilities and threats, as well as penetration tests on the different components of the Technological Infrastructure used in the process, whether own or third-party. The aforementioned penetration tests must be carried out by an independent third party that has personnel who have the technical capacity proven by specialized industry certifications in the matter.

The Entities must provide the Commission with evidence of the performance of the tests referred to in fractions VIII and XVII of this article, before implementing the scheme that has been authorized to them in accordance with article 7 of this Annex.

It is the responsibility of the Entities that hire third parties to store, process, and transmit information in the remote contracting process, the supervision of compliance with this article, at least once a year, as well as the obligation to have the evidence that supports it, which they must have available to the Commission at all times.

When the Entities intend to modify any of the procedures they have authorized to comply with article 4 or article 5, as applicable, of this Annex, they will require prior authorization from the Commission.

Article 10.- The procedures established in articles 4 or 5 of this Annex are independent of those used in the contracts and operations that the Entities carry out with their Clients in terms of Chapter VIII of Title Fourth of the General Provisions applicable to savings and popular credit entities, integration organizations, community financial societies, and rural financial integration organizations, referred to in the Savings and Popular Credit Law issued by the Commission or those that replace them.

Transitory Provisions

First. - This Resolution will enter into force the day after its publication in the Official Gazette of the Federation except for what is provided in the following Transitory Provisions.

Second. - The guidelines, interpretations, and criteria issued by the Ministry or by the Commission, based on what is provided in the Resolution of December 31, 2014, and subsequent Resolutions through which the General Provisions referred to in article 124 of the Savings and Popular Credit Law have been added or reformed, will continue to be applicable insofar as they do not oppose what is established in this Resolution.

Third.- Popular financial societies, community financial societies with operation levels I to IV, and rural financial integration organizations, that have obtained the Commission's approval for remote identification mechanisms in terms of Annex 2 of the General Provisions referred to in article 124 of the Savings and Popular Credit Law, in force before the entry into force of this Resolution, will have a period of twelve months, counted from the entry into force of this Resolution, to present to said Commission a new authorization request in accordance with article 7, fraction I of Annex 2 that is reformed with this instrument.

The authorization referred to in the previous paragraph will remain in force until the Commission resolves on the authorization request that popular financial societies, community financial societies, with operation levels I to IV, and rural financial integration organizations, have presented before the Commission in accordance with Annex 2 of the General Provisions referred to in article 124 of the Savings and Popular Credit Law, which are reformed with this Resolution.

Fourth.- The Entities that have opted to implement, on a temporary basis, the administrative facility contained in letters numbers P294/2020 and P311/2020 of April 17 and May 6, both of 2020, respectively, issued by the Commission, under the FOURTH of the AGREEMENT by which temporary and extraordinary measures are established and some deadlines are suspended for the attention of financial entities and persons subject to supervision of the National Banking and Securities Commission, due to the coronavirus named COVID-19, published in the Official Gazette of the Federation on March 26, 2020, may continue to apply it for the period that the Commission informs them through a letter.

This, without prejudice to the fact that said Commission may modify the aforementioned administrative facilities, by virtue of the entry into force of this Resolution.

Fifth. - The Entities must comply with the obligations contained in this Resolution, in the terms and in accordance with the deadlines indicated below:

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

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

III. Eighteen months counted from the date of entry into force of this Resolution, to update the automated systems referred to in 54th of the Provisions.

Sixth.- In the event that the Entities update the assumption provided in article 7, fraction I second paragraph of Annex 2 that is reformed with this Resolution, they must inform through the email prevencion.lavado@cnbv.gob.mx, through a free writing addressed to the General Directorates of Prevention of Operations with Illicit Proceeds A and B of the Commission, the situation provided in said article, until the Commission establishes the ideal electronic means for the Entities to comply with what is provided in said article.

Seventh.- Those references of ultimate beneficiary that are provided for in another regulatory framework, guidelines, or guides issued by the competent authorities in matters of prevention of operations with illicit proceeds and financing of terrorism other than these Provisions, as well as in the public consultation databases in charge of the competent authorities, the Entities may equate it to the defined term of Beneficial Owner referred to in these Provisions.

Mexico City, August 25, 2021.- The Secretary of Finance and Public Credit, Rogelio Eduardo Ramírez de la O .- Rubric.

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