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Anti-Corruption Risk Map – Mexico

Primary foreign anti-bribery legislation and enforcement agencies

Criminal Code 1995

Federal Criminal Code

Prohibits bribery of foreign and domestic public officials

Investigating agency: Attorney General of the Republic (PGR)

Prosecuting agencies: Attorney General of the Republic (PGR)

Offenses

Bribing Foreign Public Officials (Art. 222bis)

A person is guilty of an offense if:

  • he or she offers, promises, provides or causes to be provided goods or services to a foreign official;
  • that benefit/advantage is not legitimately due to that person – no regard is given to whether the benefit/advantage is customary, its value or any official tolerance; and
  • he or she did so with the intention of influencing a foreign public official in the exercise of thee official’s duties, so as to retain or obtain business, or obtain or retain a business advantage that is not legitimately due.

Extraterritorial application – Yes, when conduct occurs:

  • wholly or partly within Mexico; or
  • wholly outside Mexico at a time when the offender was a Mexican citizen or a corporate entity organized in Mexico.

Penalties – Criminal and/or civil liability

For an individual – Imprisonment for up to 14 years and a fine of up to the equivalent of USD4,235 (at MXN17/USD); prohibition for up to 14 years from public office

For corporate entities (only if proven to have been used as an instrumentality of the crime committed by individuals):

  • Up to approximately USD4,235
  • Suspension of operations or dissolution

 

This list is to be used as a guide only. It is intended to provide high-level information regarding the primary laws in the specified countries in relation to anti-bribery and anti-corruption laws. Please refer to the relevant legislation for detailed information and to ensure that the information contained in this guide is up-to-date, and refer to the relevant Baker McKenzie contact for the jurisdiction for specific advice.