Promulgation of the Reforms Creating Mexico's National Anticorruption System
On May 27, 2015, Mexico's Executive Power published several amendments to the Political Constitution of the United Mexican States in the Official Federal Gazette, creating the National Anticorruption System ("Anticorruption System"). The purpose of these amendments is to allow several government agencies to coordinate the prevention, detection, investigation, and sanctioning of public servants, individuals, and companies that participate in acts of corruption.
The Anticorruption System will be coordinated by a Coordination Committee formed by the heads of the Superior Auditor of the Federation, the Specialized Prosecutor's Office to Combat Corruption, the Ministry of Public Administration, the Federal Administrative Justice Tribunal, and the Transparency, Access to Information, and Data Protection National Institute. In addition, one representative from the Judicial Council and one from the Citizens' Participation Committee will serve on the Coordination Committee.
These reforms enhance the authority of the Superior Auditor of the Federation to audit the federal government and review the yearly public accounting. The Superior Auditor of the Federation may also audit the states and municipalities, as well as public or private individuals, entities, trusts, or funds that manage federal funds. Additionally, the reforms establish new liabilities for public servants, companies, and individuals.
The Federal Administrative Justice Tribunal has authority to sanction public servants as well as companies and individuals for acts linked to serious administrative violations, as well as for acts of corruption.
The Mexican Congress must approve the secondary laws for the coordination of the Anticorruption System within a year.
State constitutions and laws shall also create Administrative Justice Tribunals with full autonomy to resolve disputes between the local and municipal public administration and private parties. These tribunals will also have authority to impose the corresponding administrative sanctions on local and municipal public officers and private parties, in connection with damages caused to the state or municipal treasuries or to the patrimony of local or municipal public entities.
For further information, please contact your principal Firm representative or one of the lawyers listed below. General email messages may be sent using our "Contact Us" form, which can be found at www.jonesday.com/contactus/.
José Antonio Vázquez Cobo
Bertha A. Ordaz-Avilés
Guillermo E. Larrea
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our "Contact Us" form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.