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On 12 November 2019, the Secretary of Public Administration (SFP) published in the Federal Official Gazette the “Resolution issuing the provisions regarding the reception and disposal of gifts, presents or analogous by public officials of the Federal Government.”

The SFP recapped the provisions of the General Law of Administrative Responsibilities (GLAR) and the Code of Ethics applicable to public officials of the federal government, and determined that public officials should refrain from receiving gifts, presents or analogous, due to their public functions.

In this context, in the event that public officials receive any gift in connection to their public office, they must inform the Internal Control Body of the entity to which they are assigned, and must make the gift available to the authority responsible for the administration and transfer of public properties.

The SFP recognized the private sphere of public officials’ life and allowed them to accept gifts in their personal scope, if (i) gifts are not delivered due to their public functions; (ii) the legality, honesty, loyalty, impartiality and efficiency of their office is not affected; and, (iii) if it does not generate an undue benefit or detriment to public interest.

Similarly, the authority responsible for internal control established that public officials are prevented from receiving gifts, presents or equivalent from suppliers or contractors of the Federal Government.

Public officials who violate the provisions will be sanctioned according to the GLAR, regardless of the responsibility in which private parties may incur for delivering gifts, presents or analogous.

At Baker McKenzie, we reiterate our commitment to comply with the provisions in combating corruption and we remain at your service to support you with any issue related to this publication.

Author

Reynaldo Vizcarra is a member of the Firm’s Corporate and Transactional Practice Group. He is a professor at the University Anahuac del Norte where he teaches foreign investment as part of the master of laws program, and an instructor at Universidad Panamericana's Baker McKenzie Seminar. He joined the Mexico City office in 1986, handling foreign investments, banking and finance matters and international agreements. He also worked in the Chicago office's Latin America Practice Group, advising on investments and acquisitions in Latin America. In 2000, Mr. Vizcarra co-founded the Firm’s Guadalajara office, where he led the Banking & Finance Practice Group. In August 2005, he transferred to Baker McKenzie's Cancun office as a founding member and director mainly handling tourism and real estate projects. In 2009, he transferred back to the Mexico City office, where he was local managing partner for four years.

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Raymundo Enriquez is currently a partner in Baker McKenzie's Antitrust Practice Group in Mexico City. Mr. Enriquez focuses his practice on foreign trade and competition law. He advises and represents clients in proceedings before the Mexican antitrust authority. He also has extensive experience assisting clients in a wide range of issues involving merger control, compliance programs, cartel investigations and antidumping proceedings involving WTO.

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Ulises Castilla Flores is a partner in Baker McKenzie's Tax Practice Group in Mexico City. He has more than two decades' experience on tax dispute resolutions and the advising tax strategies for the business sector, and is a seasoned litigator in the private and public sectors. Prior to joining the Firm, Ulises was the central litigation administrator of large taxpayers for the Tax Administration Service, a decentralized body of the Ministry of Finance and Public Credit. Ulises has spoken on tax matters in seminars organized by the Mexican Bar Association and the University of California, among other associations and universities.

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Jonathan Edward Adams heads Baker McKenzie's compliance team in Mexico and is the Global Compliance Practice Group's regional coordinator for Latin America. He has extensive experience in corporate, pharmaceutical and compliance law, having worked seven years in the US and 13 in Mexico and Central America. Jonathan combines a US-based perspective on legal implementation and compliance issues with years of on-the-ground experience in Latin America. He works closely with client commercial teams to implement innovative solutions to legal challenges. He is admitted to practice law in Mexico and two US states.

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Adriana has over twenty years of experience in customs and foreign trade matters. She joined Baker McKenzie in 2001, became National Partner in 2005 and a Principal in 2018. She has prior experience working as legal director of Rules of Origin, Customs Procedures and Safeguards in the Mexican Ministry of Economy where she participated in the negotiation of several free trade agreements (FTAs) and in the first dispute settlement resolution cases initiated by Mexico against the US under the NAFTA. Adriana has been ranked a leading practitioner by Chambers and Partners at Chambers Global and Chambers Latin America as well as Legal 500 for ten consecutive years. She was an associate in our Guadalajara and Washington, D.C. offices and currently Heads the Firm’s North America International Commercial Practice Group in Mexico City.

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Carlos Vela Treviño is a partner in Baker McKenzie's Information Technology and Communications Practice Group in Mexico City, and the head of the Firm's Privacy and Data Protection practice in Mexico. He has vast experience in corporate, commercial and transactional work, including M&A, corporate restructuring, corporate governance and private equity transactions. A Certified Information Privacy Manager, he is recognized by Legal 500 and other international publications as one of the country's leading IT/C and media lawyers. Prior to joining Baker McKenzie, he led the IT/C legal practice of a Big 4 consultancy firm.

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Lizette Téllez-de la Vega is an associate in Baker & McKenzie’s Tax Practice Group in Mexico City. She joined the Firm in 2008. Ms. Téllez-de la Vega's practice primarily focuses on international tax planning, private banking, tax advisory for cross-border transactions, wealth management and tax litigation. She has advised on matters related to corporate taxes, value-added tax, single-rate tax, double-tax treaties, tax credit, royalties, dividends, withholding tax, preferential tax regime rules and tax treatment applicable to non-profit organizations. Her practice also includes advising and assisting clients in tax audits and tax planning opportunities arising from internal restructurings.

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Gabriel Ortiz is a member of the Firm’s Labor Practice Group in Mexico. He is fluent in all aspects of labor law and regularly advises clients on the employment-related issues arising from commercial and corporate transactions.

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Marco Rojas is an associate in the Employment Practice Group in the Mexico City office. He joined Baker McKenzie in 2013. Prior to this, he worked for more than six years in the social security and remunerations practice of other Mexican law firms. Mr. Rojas' legal career spans over six years of practice in the fields of litigation and consulting in social security, local contributions and labor matters.

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Gerardo Calderon is currently an associate in Baker & McKenzie’s Antitrust Practice Group in Washington, D.C. Mr. Calderon focuses his practice on competition and antitrust law, and has been ranked as a leading practitioner by Chambers Latin America (2011-2013), attracting praise from market commentators for the strength of his competition practice, which spans much of the antitrust ambit. Mr. Calderon has also been ranked in other publications such as Legal 500 as a leader in this field. Mr. Calderon also has extensive experience in handling compliance and anticorruption matters. Mr. Calderon serves as a non-governmental advisor for the Mexican Economic Competition Commission before the International Competition Network. He is a former professor of economic competition law with the Universidad Panamericana of Mexico City.