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.
Lawyer Contacts
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/.
Antonio Franck
Mexico City
+52.55.3000.4007
afranck@jonesday.com
Antonio González
Mexico City
+52.55.3000.4051
agonzalez@jonesday.com
José Antonio Vázquez Cobo
Mexico City
+52.55.3000.4017
javazquez@jonesday.com
Bertha A. Ordaz-Avilés
Mexico City
+52.55.3000.4018
bordaz@jonesday.com
Guillermo E. Larrea
Mexico City
+52.55.3000.4064
glarrea@jonesday.com
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