墨西哥颁布新反垄断法(英文版) - Criminal Law - Mexico Law Articles in English - Mondaq Business Briefing - Books and Journals - VLEX 647604305

墨西哥颁布新反垄断法(英文版)

Author:Mr Theodore Chung, Guillermo E. Larrea, Karen P. Hewitt, Bertha Alicia Ordaz-Avilés, Cristina Pérez Soto, Neal J. Stephens, Emmanuel E. Ubiñas and Jason S. Varnado
Profession:Jones Day
 
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On July 18, 2016, Mexican President Enrique Pe?a Nieto approved the laws of Mexico's new National Anti-Corruption System, declaring that he is "more than committed to combating corruption, hence the importance of the system." The objective of the National Anti-Corruption System is to coordinate the efforts of all Mexican governmental bodies―at the federal, state, and municipal levels―that are involved in anticorruption enforcement. These laws apply to both public officials and private parties, including companies and their directors, officers, and employees.

The new measures, which consist of newly enacted laws as well as amendments to existing laws, establish the most far-reaching anticorruption enforcement system to date in Mexico. These measures stem from a May 27, 2015 amendment to the Mexican Constitution and were published this month in Mexico's Federal Official Gazette. The newly enacted laws include the following:

The General Law of the National Anti-Corruption System; The General Law on Administrative Accountability; The Organic Law of the Administrative Justice Federal Court; and The Federal Accounting and Accountability Law. Existing laws that were amended under the National Anti-Corruption System include the Federal Criminal Code, the Organic Law of the Federal Public Administration, the Tax Coordination Law, the General Government Accounting Law, and the Organic Law of the Attorney-General's Office.

Notable provisions enacted under the new measures include the following:

Amended Federal Criminal Code

The amendments to the Federal Criminal Code establish new corruption offenses and penalties for public servants and private parties. For example, private parties are subject to prosecution under a new form of influence peddling (i.e., improperly influencing a public official in connection with public business). Under the amendments, private parties may be prosecuted for participating in public business without authorization, claiming to have influence over public officials who are authorized to make decisions related to public affairs, and promoting the illicit resolution of public affairs matters, in exchange for a benefit for themselves or for a third party. Potential penalties for violating these provisions include imprisonment for up to six years and a monetary fine equivalent to the income the defendant would earn in 100 days. In addition, private parties who hold a public contract, permit, or concession and who, in connection with...

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