Dear customers and friends:
On Monday July 18th, the President Enrique Peña Nieto promulgated the set of laws governing the National Anticorruption System.
The new laws that were issued are the following: i) General Law of the National Anticorruption System; ii) General Law on Administrative Responsibilities; iii) Organic Law of the Federal Court of Administrative Justice; and iv) Taxation and Accountability Law of the Federation.
On the other hand, the legal regulations that were reformed are: i) Federal Penal Code, ii) Organic Law of the Federal Public Administration, iii) Fiscal Coordination Law, iv) General Law of Government Accounting v) Organic Law of the General Attorney of the Republic.
This system aims to investigate and fight acts of corruption from public and private servants, for which the following figures are created:
Coordinating Committee: Responsible for the design and promotion of integral policies regarding to the taxation of public resources, as well as to prevent administrative misconducts and acts of corruption. The Law states that it will be integrated by the holders of the Supreme Audit of the Federation; of the Prosecutor’s Office Specialized in Fighting Corruption; of the Ministry of Public Administration; by the president of the Federal Court of Administrative Justice; the President of the National Institute of Transparency, Access to Information and Data Protection; as well as by a representative of the Federal Judiciary Council and other representative of the Citizen Participation Committee; who shall act as chairman.
Citizen Participation Committee: It will be integrated by five citizens that outstand by their transparency and honesty. They shall be appointed by the Senate and during the time of their management they shall not have another job that prevents them from fulfilling their commission. Its purpose is to be the instance entailment with social and academic organizations related to the issues of the National System.
Anti-Corruption Prosecutor’s Office: It will be in charge of the investigation and prosecuting of corruption offenses.
Federal Court of Administrative Justice: It will be in charge of sanctioning and imposing administrative fines for serious offenses in corruption cases incurred by public and private servants. Offenses which are not serious will be sanctioned by the Ministry of Public Administration and internal organs of control using administrative sanctions.
National Taxation System: Its duties will be related to the audit, control, monitoring and taxation of the federal spending.
With the implementation of the National Anticorruption System, all public servants are forced to submit and make public their assets, interests and taxes declarations. This point is especially relevant as it responds to citizens requests that integrated the citizens’ initiative known as the Law 3of3. This demonstrates that it is possible that citizens’ initiatives generate changes in the legal framework of our country.
The National Anticorruption System will feature a national digital platform in which the following actions could be performed: i) to consult the declarations of public servants; ii) to make allegations of possible administrative misconduct and acts of corruption; iii) to consult the registry of public servants involved in public procurement; iv) to consult the list of sanctioned public servants
It is expected that this reform package helps to eradicate corruption in Mexico, however, it is important the participation of the society to effectively monitor compliance with this objective.
For more information in this regard, we invite you to contact us.
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