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Anti-Corruption

Mexico: Incorporation of the Secretary of Anti-corruption and Good Governance, replacing the Secretary of Public Administration

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In brief

On 17 October 2024, president Claudia Sheinbaum and the head of the Secretary of Public Administration announced a new model for preventing and combating corruption with the transformation of the Secretary of Public Administration into the Secretary of Anti-Corruption and Good Government. This new entity will focus on the prevention of corruption by strengthening public management through modernization, transparency and collaboration with different sectors.

This new model proposes moving from a corrective approach to a preventive one, combating corruption from the root.

Contents

  1. Ten key pillars for the prevention and combat of corruption
  2. Transparency
  3. Transversality and results

Ten key pillars for the prevention and combat of corruption

According to president Sheinbaum’s announcement, the new Secretary of Anti-Corruption and Good Government will work closely with the public, private and social sectors, and will implement the following preventive pillars of corruption:

  • Dignify the career of public officials through education and training
  • Preventive accompaniment to institutions and shielding priority programs from their beginning
  • Modernize the public administration to inhibit corruption
  • Consolidate transparent public procurement at fair prices
  • Proactive transparency
  • Involve civil society and the private sector in the fight against corruption
  • Emphasis on the Internal Control Bodies in areas of greater impact and relevance
  • Strengthen the culture of whistleblowing, guaranteeing confidentiality
  • Conduct investigations to inhibit corruption
  • Combat impunity, promoting and convincing the public that violating the law is more expensive than complying with it (imposing economic sanctions)

Transparency

Additionally, efforts will be made to amend the General Law of Transparency and Access to Public Information to prevent the new Anti-Corruption Secretary from being judged and party in procedures related to transparency matters, by providing jurisdiction to the Administrative Courts. 

The objective of proactive transparency is:

  • Do more with less, less bureaucracy and more efficiency 
  • Open data and of easy access policies
  • Better accountability and having more trust in public institutions    

Transversality and results

The new Anti-Corruption Secretary will have influence in all government agencies and will seek to achieve the following results in the first 100 days of the implementation of the new model:

  • Restructure of the Federal Public Administration
  • Support to strategic projects and programs
  • Present a bill to reform the Acquisitions Law and Public Works Law
  • Direct communication between public purchasers and companies, to eliminate “middle man”
  • Recovery of Compranet’s information, for citizen consultation
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Author

Reynaldo is a member of the Firm’s Corporate and Transactional Practice Group. He is a professor at the University Anáhuac 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 (1996-1997). In 2000, Reynaldo 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 and thereafter became national managing partner of the Firm in Mexico until August 2018.

Author

Jonathan heads Baker McKenzie's compliance team in Mexico and is the Latin America regional coordinator for the Firm's Global Investigations, Compliance & Ethics Practice. He has extensive experience in compliance, commercial and pharmaceutical law, having worked seven years in the US and 18 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 business and legal teams to implement innovative solutions to legal challenges. He is admitted to practice law in Mexico, as well as in Illinois and Arizona, USA.

Author

Milka is a member of our International Commercial practice group; she has more than four years of experience mainly in anticorruption, compliance & investigations and litigation matters.

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