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.