Legal Reforms Against Corruption Were Published in Mexico
By José Antonio Coto, White & Case LLP
On July 18, 2016 a group of laws that comprises the legal framework that will make effective the public strategies and policies for fighting corruption and impunity, were published in Mexico. The objective of this legal reform is to achieve full coordination of the efforts of the Federation, the States of the Federation, municipalities and the government of Mexico City, to prevent, investigate and punish administrative violations and corruption by public officers and by private parties involved.
The new legal framework aims to strengthen the supervision of public officers by the auditing authorities through different mechanisms, including the creation of the National Anticorruption System and, among other improvements, it sets forth a new process for the imposition of penalties or fines to public servants for violations to their applicable obligations, including the participation of an Administrative Court to penalize severe violations. In addition, the new legal framework sets forth a list of specific violations that could be committed by private parties in their interaction with the government.
This new legal framework brings the attention to the public agenda against corruption in Mexico. Its content will be important especially for companies who interact with public officials, whether because they operate under public agreements with different governmental entities, or because they operate in regulated sectors of the economy, among other scenarios.