Regulation of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin

FEDERAL LAW REGULATION FOR THE PREVENTION AND IDENTIFICATION OF OPERATIONS WITH ILLEGAL SOURCES OF ORIGIN

Published in the DOF on August 16, 2013

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

ENRIQUE PEÑA NIETO, President of the United Mexican States, exercising the power conferred on me by Article 89, fraction I of the Constitution of the United Mexican States, and based on Articles 31 of the Organic Law of the Federal Public Administration and 5, 17, 19, 27 and other relative of the Federal Law for the Prevention and Identification of Operations with Resources of Provenance Illicit, I have had to issue the following

FEDERAL LAW FOR THE PREVENTION AND IDENTIFICATION OF OPERATIONS WITH ILLICIT SOURCES OF ORIGIN

FIRST CHAPTER

GENERAL PROVISIONS

Article 1.- This order aims to establish the basis and provisions for the proper observance of the Federal Law for Prevention and Identification of Operations with Resources of Illicit Provenance. Its provisions are of general public order and observance in the United Mexican States.

The exercise of the powers of the authorities mentioned in the Law that intervene in the application of this and this Regulation, in the field of their respective powers, as well as the measures, procedures and rules of general nature to be established, shall be aimed at gathering useful elements to prevent, investigate and prosecute the Crimes of Operations with Resources of Illicit Origin, the financial structures of the organisations, the financial structures of the criminal and avoid the use of these resources for financing.

Article 2.- In addition to the definitions provided for in Article 3 of the Law, for the purposes of this Regulation, it shall be understood in a singular or plural form. by:

I.      Customer or User, to any natural or moral person, as well as trusts that hold acts or operations with those who perform Vulnerable Activities;

II.     Advanced Electronic Signature, to the digital certificate to be counted by natural and moral persons, in accordance with the provisions of Article 17-D of the Fiscal Code of the Federation;

III.    General Character Rules, to which you issue the Secretariat in terms of Section 6, fraction VII, of the Act;

IV.    SAT, to the Tax Administration Service, deconcentrated administrative organ of the Secretariat, and

V.     UIF, to the Financial Intelligence Unit, Central Administrative Unit of the Secretariat.

Article 3.- The FIU, in addition to the privileges conferred upon it by this Regulation, the Secretariat's Rules of Procedure and other applicable legal provisions, you will have the following:

I.      Interpret for administrative purposes the Law, this Regulation, the Rules of General Character and other provisions that emanate from them, except as regards the privileges that correspond to the Unit;

II.     Require those who perform the Vulnerable Activities referred to in Article 17 of the Law, the information, documentation, data or images necessary for the exercise of their privileges;

III.    Determine and issue the official formats for the presentation of the Notices;

IV.    Determine and make known the alternative means of compliance referred to in Article 16 of this Regulation; and

V.     Participate in the subscription, in conjunction with the SAT, of the conventions referred to in Article 32 of this Regulation.

Article 4.- The SAT, in addition to the privileges conferred on it by its law, this Regulation, its Rules of Procedure and other applicable legal provisions, will have the following:

I.      Integrate and keep up to date the standard of persons who perform the Vulnerable Activities set out in Article 17 of the Law, in accordance with the Third Chapter of this Regulation;

II.     Receive the Notices of those who perform the Vulnerable Activities set out in Article 17 of the Law and refer them to the FIU;

III.    Carry out the verification visits referred to in Chapter V of the Law and, where appropriate, require the information, documentation, data or images necessary to verify compliance with the obligations arising from the Law, This Regulation and the General Rules of

;

IV.    Monitor compliance with the obligations of the Notices of those who perform the Vulnerable Activities set out in Article 17 of the Law and, where appropriate, require the submission when the required subjects do not the time limits laid down in the Act, this Regulation and the other applicable legal provisions;

V.     Issue opinion on the General Character Rules and the official formats to be issued by the Secretariat, when requested;

VI.    Participate, in conjunction with the FIU, in the subscription of the conventions referred to in Article 32 of this Regulation;

VII.   Impose the administrative penalties provided for in the Act, and

VIII. Report to the competent authorities when the cases referred to in Articles 56, 57, 58 and 59 of the Law are updated, in order to ensure that the latter are subject to the appropriate penalties.

Article 5.- For the purposes of the identification of the Customers or Users, as well as for the submission of the corresponding Notices, the date of the act or operation which must be considered, shall be the one in which they were concluded.

Dealing with the Vulnerable Activities set out in Article 17 (XII) of the Law, shall be understood as the date of the act or operation to the date on which it is has granted the respective public instrument.

For the purposes of the submission of the Notices of those performing the Vulnerable Activity provided for in Article 17 (XIV) of the Law, consideration should be given to the date of the act or operation, which is established in accordance with customs legislation.

With regard to the persons who perform the Vulnerable Activities referred to in Article 17, fraction XV, of the Law, the date of the act or operation shall be understood which corresponds to the date of receipt of the resources for payment of the corresponding monthly payment.

Article 6.- To determine the amount or value of the acts or operations referred to in Articles 17 and 32 of the Act, this Regulation and the Rules of Character General, those who perform them shall not consider the contributions and other accessories corresponding to each act or operation.

In addition, for the purposes of the preceding paragraph, in the case of acts or foreign trade operations, in accordance with the provisions of Article 17 (XIV) of the Treaty, The Law shall be considered the amount or customs value of the goods.

Article 7.- Acts or operations to be performed by the Vulnerable Activities established in Article 17 of the Law with its Customers or Users whose cumulative sum, by type of act or operation, within a period of six months reaches the amounts for the submission of Notices referred to in that Article shall be subject to the obligation to submit Notices, to be considered, for such effects, only acts or operations that are located in the cases identification as set out in Article 17 of the Act.

Article 8.- Both the FIU and the SAT, for the exercise of their respective privileges related to the fulfillment of the object of the Law, this Regulation, Rules of General Character and other provisions which of these emanen, may require at all times and in a direct manner to those who perform the Vulnerable Activities referred to in article 17 of the Law, to the Collegiate Entities and to the organs concentrators, information, documentation, data and images required which retain in terms of Articles 18, fraction IV, and 27, fraction VI of the Act, which shall be referred to the FIU or the SAT, as appropriate, within 10 working days of the day on which they receive the requirement respective.

The FIU or the SAT, as appropriate, upon request of the data subject, may extend the time limit for the delivery of the information, documentation, data and images requested, for up to five working days.

In case of failure to address the above requirement within the original deadline or, if applicable, after the extended deadline, the SAT will impose administrative sanctions. which correspond. The FIU shall make the knowledge of the SAT those cases where the requirements it makes are not addressed, with the aim that the concerned administrative organ shall impose the corresponding penalties.

Article 9.- As a result of the revision to the information or documentation required in terms of the previous article, the SAT will issue a trade in which it is In a circumstantial manner, the facts or omissions that have been warned, granting in the same office a period of five working days to present the information or documentation that detracts from the observations made by the SAT.

The facts or omissions entered in the office will be granted, if in the probative period those who perform the Vulnerable Activities established in the Article 17 of the Law, the Collegiate Entities and the concentrator bodies do not present proof documents that the disvirtue and, the corresponding sanction will be imposed.

If derived from the review to the information and documentation submitted by those who perform the Vulnerable Activities set out in Article 17 of the Law, The SAT shall notify to the latter the conclusion of the review of the documents submitted.

SAT shall notify the latter of the review of the documents submitted.

Article 10.- Those who perform the Vulnerable Activities referred to in Article 17 of the Law shall observe the provisions of the General Rules of Procedure, as well as in the provisions of these emanates, in accordance with Article 6, section VII of the Law.

CHAPTER SECOND

OF FINANCIAL ENTITIES

Article 11.- For compliance with the purpose of this Regulation, the Financial Entities, in terms of the provisions of Section I of Chapter III of the Law, will be governed by the laws that especially regulate them.

THIRD CHAPTER

OF OBLIGATIONS

Article 12.- Those who carry out the Vulnerable Activities provided for in Article 17 of the Law must be registered in the Federal Register of Taxpayers and count on the current certificate of the corresponding Advanced Electronic Signature, in order to perform the actions relating to the discharge to the SAT for the presentation of the Notices.

For the purposes of the preceding paragraph, moral persons and Collegiate Entities shall use the Advanced Electronic Signature associated with their Federal Register of Contributors.

For the purposes of the SAT carrying out the actions relating to the discharge of those who perform the Vulnerable Activities set out in Article 17 of the Law, these they shall send the Secretariat's unconcentrated administrative body the identification information to be established by the Secretariat by means of Rules of General Character, and through the means and in the official format for such purposes determine and issue the FIU, by publication in the Official Journal of the Federation.

Persons who have been discharged, in terms of the provisions of this Article and who no longer perform Vulnerable Activities, will have to request their discharge from the the standard referred to in Article 4 (1) of this Regulation in accordance with the provisions of the General Rules of Procedure. Such application shall take effect from the date on which it is filed, otherwise the registered persons shall continue to submit the relevant Notices.

Article 13.- The natural or moral persons who, by their occupation, occupation, activity, rotation or social object, are susceptible to performing a Vulnerable Activity the information referred to in the previous article may be sent to the SAT by the SAT, as provided for in Article 17 of the Law, in advance of the performance of those activities through the means and formats for which it determines and issue the FIU, by publication in the Official Journal of the Federation.

Article 14.- For the purposes of compliance with the provisions of Article 18 of the Law, the beneficiary owner shall be understood as the beneficiary. Controller.

Article 15.- Those who perform the Vulnerable Activities provided for in Article 17 of the Law may comply with the obligation to identify Clients or Users established in section I of article 18 of the Law, through simplified measures when those who perform them are considered to be at low risk.

The Secretariat, by means of the Rules of General Character, shall establish the terms and conditions for the application of that referred to in the preceding paragraph, those who perform such Vulnerable Activities comply with the obligation to collect the copy of the official identification document, through the protection of the data referred to in that document.

For the purposes of this Regulation, of the General Rules of Procedure and other provisions of this Regulation, the possibility of the possibility of the activities of the Vulnerable persons or persons who perform them may be used to carry out acts or operations through which the Crimes of Operations with the Resources of Illicit Provenance could be updated, the crimes related to these or the financing of criminal organizations.

Article 16.- For the purposes of the second paragraph of Article 19 of the Law, those who perform the Vulnerable Activity referred to in the XIV fraction of the Article 17 of the Law, shall comply with the obligation to submit Notices by means of the electronic system by which the information of the order is transmitted to the SAT or any of its administrative units according to the regulations customs.

Persons who perform Vulnerable Activities provided for in Article 17 of the Law other than those mentioned in the preceding paragraph may comply with the an obligation under Article 18 (VI) of the Law through alternative means of compliance, provided that they comply with the provisions of the second paragraph of Article 19 of the Law and with the following conditions:

I.      The information provided in the terms of the federal special law complies with the same characteristics of integrity, availability, auditability and confidentiality as required for the submission of the Notices, and this information is forward through electronic means;

II.     The information provided in terms of the federal special law shall be made within the same time limits as for the submission of the Notices in terms of the Law, this Regulation and the Rules of General Character and shall comprise the same periods of information, and

III.    The FIU has access, via remote and direct access, to the complete information provided in terms of the federal special law for the exercise of its privileges.

For the purposes of the above paragraph, the FIU shall determine and disclose alternative means of compliance that comply with the conditions set out in this paragraph. the previous fractions and, until until the FIU does not make known these, those who perform such Vulnerable Activities shall comply with the obligation laid down in Article 18 (VI) of the Law in the terms laid down in the referred to in this Regulation, the General Rules of Procedure and other provisions of these emanating.

Those who perform the Vulnerable Activities referred to in the second paragraph of this article may propose in writing to the FIU the determination of alternative compliance, provided that they comply with the provisions of the fractions of this article. The FIU shall, at the latest within 20 working days of the request, decide whether the proposed medium is considered as an alternative means of compliance.

The FIU shall notify the SAT of alternative means of compliance that it determines within five working days of its resolution.

Who performs a Vulnerable Activity of those established in Article 17 of the Law and presents the Notices that correspond to it through a Collegiate Entity, to the the time to be aware of the determination issued by the FIU to use an alternative means of compliance in terms of this Article, shall notify the Collegiate Entity within five working days. The Collegial Entity shall in turn give it discharge from its members ' register and report such a situation to the SAT within five days after it receives the respective notification from the person who carries out the Vulnerable Activity. treat.

The alternative means of compliance determined by the FIU in accordance with this article does not exempt those who perform the Vulnerable Activities to refers to Article 17 of the Law on the fulfilment of the other obligations referred to in the Law, this Regulation, the Rules of General Character and other provisions of these provisions.

Those who submit their Notices through alternative means of compliance will have to fulfill the respective obligations in time and form for the purposes of provided by the Law, this Regulation, the Rules of General Character and other provisions of these provisions.

Article 17.- Public Fedatarios may comply with their obligations to submit the Notices in the cases of acts or operations provided for in Article 17, Section XII, Part A, point (c) and B (b) of the Law, either using the electronic system by which they report or submit the declarations and notices referred to in the federal tax provisions and following the deadlines and terms that such tax provisions point out, or, in the official format to determine and issue the FIU, in which case, the terms and terms for making them shall be as laid down in the Act.

In the cases referred to in the previous paragraph, the Public Fedatarios must inform the SAT before, through which modality they will present their Notices. Once the Public Fedatarios have opted for any of these modalities, they will only be able to modify it, after notification to the SAT, and they will do so with respect to the acts or operations that will be verified in the following month.

As for the acts or operations referred to in Article 17, part XII, Section A, point (a) of the Law, the Public Fedatarios shall, in all cases, submit to the the relevant Notices, through the electronic system by which they report or submit the declarations and notices referred to in the federal tax provisions.

Article 18.- The FIU, in the area of jurisdiction conferred upon the Secretariat by the Law, shall establish prevention mechanisms in accordance with Article 12, V, point (c) of the Law, with respect to acts and operations related to the object of the Act.

Article 19.- For the purposes referred to in Articles 2 and 39 of the Act, and 1 of this Regulation, are considered to be related to the Offences of Operations with Resources of Illicit Origin, among others, those provided for in Chapter I of Title Twenty-Third of the Federal Criminal Code, those provided for in the special laws, as well as those of a patrimonial nature where the resources involved could be the object of actions aimed at concealing their illicit origin, or to finance any illicit activity.

Article 20.- Those who perform the Vulnerable Activities provided for in Article 17 of the Act shall keep a copy of the Notices presented, as well as the (a) where the SAT has provided them for a period of not less than five years from the date of submission of the relevant Notices and the issue of the respective charge.

Those who perform the Vulnerable Activities referred to in this article must comply with criteria of integrity, availability, auditability and confidentiality in the conservation and protection of information and documentation in terms of the applicable legal provisions.

CHAPTER FOURTH

OF VULNERABLE ACTIVITIES

Article 21.- For the purposes of the provisions of Article 17, fraction I of the Law, are considered to be the sale of tickets, tokens or any other vouchers similar, to any act or operation by means of which resources are received that permit the performance of activities related to the practice of games with bets, contests or sweepstakes.

Article 22.- They shall be considered to be instruments of storage of monetary value, for the purposes of Article 17, fraction II, of the Law, in addition to those established in that fraction, the following:

I.      Vouchers or coupons, whether printed or electronic, that may be used or redeemed for the purchase of goods or services, when their issue or marketing is for an amount equal to or greater than the equivalent of six hundred Forty-five times the minimum wage in the Federal District per operation.

shall be the subject of a Notice where the issue or marketing of vouchers or coupons is equal to or greater than the equivalent of 40 and five times the minimum wage in the Federal District, and

II.     Electronic purses, certificates or coupons, in which, without a prior deposit of the holder of such instruments, resources are paid to them from prizes, promotions, returns or derivative of programs of commercial rewards and may be used for the purchase of goods or services in establishments other than the issuer of such instruments or for the provision of cash through ATMs or terminals points of sale or any other means, where their issue or marketing is by means of equal to or greater than the equivalent of six hundred and forty-five times the minimum wage in force in the Federal District per operation.

The above activities shall be the subject of Notice when the amount of the issue or the marketing is equal to or greater than the equivalent of forty-five times the minimum wage in the Federal District.

Article 23.- For purposes of prepaid cards and money-value storage instruments referred to in Articles 17, fraction II, of the Law and 22 of this Regulation, the term 'marketing', and therefore the object of identification and warning, shall mean the payment of resources to those instruments for the storage of monetary value after their issuance.

Article 24.- The act or operation shall be carried out for the purposes of Article 17 (IV) of the Law, when the subscription of the contract is carried out, the corresponding instrument or credit title.

Article 25.- For the purposes of the provisions of Section 17 of the Law, the Vulnerable Activities of the Services of the transfer or custody of money or securities, persons providing the service under the authorisation referred to in the Federal Private Security Act or the laws of the relevant federal entities in the matter.

Article 26.- For compliance with the obligations of identification and presentation of Notices, those who perform the Vulnerable Activities referred to in the Article 17, fraction X, of the Law, shall consider as the amount of the act or operation, the value of the money or those indicated in the body of the securities transferred or guarded. In respect of those who do not have an intrinsic value or do not point within the body its value, and in addition does not have a document in which a specific value is established, it should be considered as the amount of the act or operation, the one established in the second paragraph of section X of article 17 of the Law, so in any case they will be subject to Notice.

Article 27.- For the purposes of the last paragraph of Article 17 (XI) of the Act, a financial transaction shall be deemed to be carried out when it is carried out. an act or set of acts through a Financial Entity or using financial instruments, coins and banknotes, in national currency or foreign currency and precious metals, directly or through the instruction of its Customers or Users.

Article 28.- It shall be construed as securities, for the purposes of Article 17 (X) of the Act, to the metals issued, the receivables to which it relates The General Law of Titles and Credit Operations and those defined in Article 2, fraction XXIV, of the Law of the Market of Securities, even if they are not liable to circulate in the securities markets, as well as the goods mentioned in the Fractions I, II, III, VI and VII of Article 17 of the Law and those laid down in Article 22 of this Regulation.

As regards point (b) of Article 17 (XI) of the Act, securities shall be considered as securities to the metals, as well as to the regulated credit securities by the General Law of Titles and Credit Operations and those referred to in Article 2, fraction XXIV, of the Securities Market Act, even if they are not liable to circulate in the securities markets.

With regard to paragraph (c) of Article 17 (XI) of the Law, values defined in Article 2 (XXIV) of the Law on the Market of the Values, even if they are not susceptible to circular in the stock markets.

Article 29.- Public corridors must observe the provisions of Article 17, section XII, Section B (a) of the Law, when in the performance of The public faith is used by the public.

Article 30.- For the fulfilment of the obligations arising out of the Law, this Regulation and other provisions of this Regulation, the fractions Tariff identification of the goods referred to in Article 17 (XIV) of the Law shall be specified in the official format for the submission of Notices to be determined and issued by the FIU by publication in the Official Journal of the Federation.

Article 31.- For the purposes of Article 17, fraction XV, of the Law, amount of the rent or price for the use or temporary enjoyment shall be understood as a monthly value of the property leased in a calendar month.

In case the payment of rent or lease price is agreed on a different periodicity than the monthly one, whoever performs the Vulnerable Activity shall carry out the corresponding calculation for the purpose of determining the monthly value referred to in the preceding paragraph.

CHAPTER QUINTO

OF ESTABLISHING COLLEGIATE ENTITIES

Article 32.- The Collegiate Entities that are to submit Notices as provided for in Section 4 of Chapter III of the Act shall have a agreement with the SAT and the FIU, which expressly allows them to submit such Notices.

Article 33.- The SAT and the FIU may only conclude the convention referred to in the previous article, with Collegiate Entities composed of persons performing similar tasks with respect to the same Vulnerable Activity as referred to in Article 17 of the Law.

Article 34.- In its operation, the Collegiate Entities and their respective concentric representatives or bodies shall observe the provisions of the Law, the present Regulation, the General Rules of Procedure and the other provisions of these provisions.

Article 35.- The Collegiate Entities interested in the subscription of the convention referred to in Article 32 of this Regulation shall apply for written to the SAT, through its representative or legal proxy.

The application referred to in the preceding paragraph must be submitted in the terms and conditions laid down by the Secretariat by means of General Rules and must contain the following:

I.      General Identification Data of the Collegiate Entity;

II.     Padron of its members who, through their pipeline, intend to present Notices;

III.    General identification data of the representative of the Collegial Entity referred to in Article 27, fraction IV of the Law, as well as, where appropriate, of the hub organ provided for in the penultimate paragraph of the said article;

IV.    Description of their procedures, functions and criteria to be established for the purposes of complying with the obligations laid down in the Law, this Regulation, the General Rules of Procedure and other provisions of these provisions, and

V.     The other information and documentation to be established by the Secretariat through General Character Rules.

Article 36.- The convention referred to in Article 32 of this Regulation shall stipulate the actions relating to any change to the information and documentation submitted to the SAT, in particular when it relates to amendments to its statutes, members ' rolls, designations of representatives or powers and the establishment of the hub.

Article 37.- The Collegiate Entities shall comply with the submission of the Notices that correspond to each of its members in the terms and deadlines. provided for in the Law, this Regulation, in the General Rules of Procedure and in the other provisions of this Regulation.

The representative of the Collegial Entity will be responsible for the compliance with the obligations of the Law, including that of responding to the information requirements to formulate the FIU or the SAT, in terms of the Law, this Regulation, the Rules of General Character and other provisions of this Regulation.

Article 38.- For the purposes set out in Articles 26 and 30 of the Act, the Collegiate Entity shall only be responsible for submitting the Notices in respect of those acts or operations that are informed by its members and according to the information provided to it by them, without there being any liability of the Collegiate Entities in respect of the veracity of such information.

Collegiate Entities are required to keep, physically or electronically, for at least five years the information, documentation, data and images that receive from their members for the presentation of their Notices, as well as the corresponding charges that the SAT has provided to them. The period shall start from the date of receipt of the information or documentation, or from the generation of the acknowledgement of the submission of the Notices, as the case may be.

Article 39.- The Collegiate Entities may have a hub organ, which will have the character of assisting in the fulfilment of the obligations established for the Entities Collegiate in the Law, in this Regulation and in the Rules of General Character and other provisions which of these emanates, without prejudice to the responsibility of the representative of the Collegial Entity, to which it refers Article 37, second paragraph, of this Regulation.

Collegiate entities that choose to establish a hub body must point to it within the agreement they conclude with the SAT and the FIU, in terms of Article 32 of this Regulation.

Article 40.- In the event that a Collegiate Entity after the subscription of the convention referred to in Article 32 of this Regulation has interest in having a concentrator body, shall request to the SAT the amendment of the relevant convention, in terms of what is established for such purposes in that convention and in accordance with the provisions of Article 36 of the present Regulation.

Article 41.- The Collegial Entity shall provide the representative referred to in Article 27 (IV) of the Law with annual training, for the compliance with the obligations laid down by the Law, this Regulation, the General Rules of Procedure and other provisions of this Regulation.

Such training should include, among other things:

I.      The content of the policies, criteria, measures and internal procedures that the Collegiate Entity has developed for the due compliance with the Law, this Regulation, the General Character Rules and the other provisions of these emanen, and

II.     The dissemination of the Law, this Regulation, the Rules of General Character and their respective amendments, as well as the other provisions of these regulations and other information on techniques, methods and trends to prevent, detect and to give notice of the acts or operations referred to in Article 17 of the Law, as appropriate.

CHAPTER SIXTH

CASH AND METALS USE

Article 42.- The prohibitions on the use of coins and banknotes, in national currency or foreign currency and precious metals, as laid down in Chapter IV of the Act, shall be observed in the terms set out in the Act when:

I.      Compliance with the obligation, the payment or settlement of an individual act or transaction is settled, paid or accepted, whether in one or more exhibitions, or

II.     Compliance with the obligation, the payment or settlement of a set of acts or transactions is settled, paid or accepted, and a single person provides resources to pay or settle them.

Article 43.- For the fulfilment of the obligations laid down in Article 32 of the Law, those who participate in the performance of the acts or operations referred to in that article, at the time of receiving coins and banknotes, in national currency or foreign currency and precious metals to carry out an act or operation and this is cancelled or required a return of resources, the referred resources shall return in the same form of payment and with the same currency or currency with which the act was carried out operation.

Article 44.- Those who participate in the conduct of the acts or operations referred to in Article 32 of the Law, may give or accept, to cover the obligations referred to in that Article, payment or settlement instruments other than those referred to in that provision.

Article 45.- The Public Fedatarios for compliance with the provisions of Article 33 of the Law, in the identification of the way in which the obligations on the part of your Customers or Users, you must consider the amount, date and form of payment, and currency or currency with which the payment was made.

Also, as regards the statement of the Customers or Users referred to in the second paragraph of Article 33 of the Law, the latter shall indicate the manner in which it is pay or have paid the obligations in terms of the preceding paragraph, for which they shall observe the provisions of Article 32 of the Law.

CHAPTER SEVENTH

RESERVATION AND HANDLING OF INFORMATION

Article 46.- Public servants who intervene in any act arising from the application of the Law, this Regulation, the General Rules and other provisions which, in accordance with Article 41 of the Law, shall be subject to the proper reservation of the identity and any other information and personal document obtained from the application of those legal provisions, as well as the information and documentation to be carried out by Vulnerable Activities present as support to their respective Notices.

Article 47.- The information of the acts or operations contained in the Notices to be provided by those who perform Vulnerable Activities, which is necessary to contribute to the any judicial or administrative proceedings shall be carried out through the official documents presented by the FIU to the competent authorities.

Article 48.- The FIU, in order to exchange or give access to the competent authorities in terms of the Law, with respect to the information contained in the Notices, it shall conclude with these, in terms of the applicable provisions, an agreement establishing the mechanisms for coordination and exchange of information and documentation.

Article 49.- In terms of Article 43 and for the purposes of Article 44 of the Law, the FIU will provide the Attorney General's Office with the information of the databases containing the Notices of acts or operations related to the Vulnerable Activities in the terms that they establish by means of the coordination agreement that they conclude for such purposes.

In the coordination agreement referred to in the preceding paragraph, in order to comply with the provisions of Article 46 of the Law, the collaboration mechanisms through which the Unit may request the FIU to verify information and documentation, in relation to the identity of persons, addresses, telephone numbers, e-mail addresses, operations, businesses or legal acts of those who perform Vulnerable Activities, as well as of other specific references, contained in the Notices and other information you receive in accordance with the provisions of the Law, this Regulation and the Rules of General Character.

Article 50.- The coordination agreement referred to in the previous article, as well as those held by the FIU with other competent authorities in terms of The Law and this Regulation shall be signed by the public servants of the Secretariat authorizing its Holder by agreement, and shall consider, at least, the following elements:

I.      The indication of the representatives who have the power to conclude the relevant coordination agreement;

II.     The object of the convention, the obligations arising from it, as well as the validity of the agreement;

III.    The specification of the information and documentation of the convention, as well as the coordination mechanisms for requesting it, responding and, where appropriate, the way in which it will be accessed;

IV.    The establishment of the criteria and, where applicable, formats by which information and documentation will be required and provided, and

V.     The terms and conditions for handling and booking that will be given to the information and documentation.

The FIU may not provide information or documentation, or guarantee access to its databases, when the coordination agreement referred to in the this article, in the terms referred to in Article 43 of the Law.

CHAPTER EIGHTH

OF EVALUATIONS

Article 51.- The FIU, in order to comply with the provisions of Article 11 of the Law for the Secretariat, may issue guides or better practices for the development of training, updating and specialization programs for their public servants and those of the SAT.

Article 52.- The FIU, the SAT and the Unit, shall issue or reskeep the constances that accredit the participation of the public servants assigned to them in the training, updating and specialisation courses, to which assessments of acquired knowledge will be carried out.

Article 53.- The public servants of the FIU and the SAT who have access to the database that will concentrate the Notices must meet the requirements of the Article 9 (I) and (III) of the Law, in addition to the assessment of the assessment processes identified in Part II of that Article 9, which shall include at least the following tests:

I.      Medical;

II.     Psychometric and psychological;

III.    Polygraph or psychotechnician;

IV.    Toxicology, and

V.     Socio-Economic.

Article 54.- The evaluations referred to in the previous article must be applied, prior to the entry or commencement of the activities of the personnel. candidate to join the FIU or the SAT, as well as periodically to the public servants attached to them, as a requirement to remain, provided that within their faculties or functions they have access to the database that they grant the Notices.

CHAPTER NINTH

OF ADMINISTRATIVE SANCTIONS

Article 55.- The SAT will administratively sanction those who infringe the Law, this Regulation and the Rules of General Character, in terms of the in Chapter VII of the Law.

Article 56.- The SAT, in terms of Article 6, fraction V, of the Act may require the appearance of any person who may contribute to the verification compliance with the obligations arising from the law, this Regulation, the General Rules of Procedure and other provisions of this Regulation, may also require alleged offenders of the obligations laid down in this Regulation. (a) the order in which they are to be made available to them.

Article 57.- For the purposes of the imposition of administrative penalties, shall be understood as causes attributable to the Collegiate Entity in the non-compliance with the the obligations of its members, when the Collegiate Entity does not submit the relevant Notices and its members if it has forwarded the information to it, in accordance with the procedures laid down in the agreement concluded with the SAT and the FIU in terms of Article 32 of this Regulation. Such an agreement shall provide for the obligations and time limits for the submission of information of the members of the Collegial Entity thereto, as well as the requirements to be met by such information.

Article 58.- The grounds for cancellation of the authorization granted by the Secretariat to the customs agents and proxies, as referred to in Article 59 of the Law shall be construed as referring to the grant of the patent described in Article 159 of the Customs Law and to the authorization referred to in Article 168 of the same legal order.

Article 59.- For the purposes of Article 61 of the Act and Article 86 of the Federal Administrative Procedure Act, it shall have the character of a hierarchical superior of the authority which issued the contested act, that administrative unit which is determined in accordance with the SAT Rules of Procedure.

TRANSIENT

FIRST.- This Regulation shall enter into force on 1 September 2013, except as regards the privileges conferred on the FIU and the SAT in this Regulation, which shall enter into force on the day following that of their publication in the Official Journal of the European Union. of the Federation.

SECOND.- The provisions regarding the obligation to submit Notices by those who perform the Vulnerable Activities referred to in Article 17 of the Law, as well as restrictions on cash, shall enter into force within 60 days of the entry into force of this Regulation. The Notices shall contain the information concerning the acts or operations related to the Vulnerable Activities referred to above that have been carried out as of 1 September 2013, the date of entry into force of this Agreement. Regulation.

THIRD.- For the purpose of the persons performing the Vulnerable Activities referred to in Article 17 of the Law to be able to submit the corresponding Notices, they shall send, as of 1 October 2013, the information referred to in Article 12 of this Regulation, by means of electronic means and by means of the official format for such purposes to be determined and issued by the FIU, by publication in the Official Journal of the Federation.

FOURTH.- The Secretariat of Finance and Public Credit and the Office of the Attorney General of the Republic, through its competent administrative units, shall conclude the coordination agreement referred to in Article 49 of this Regulation, take the following 30 calendar days following the entry into force of this Regulation.

Given at the residence of the Federal Executive Branch, in Mexico City, on 15 August of two thousand thirteen.- Enrique Peña Nieto.-Heading.-The Secretary of Hacienda y Crédito Público, Luis Videgaray Caso.-Rubrias.