In May of 2015, 14 articles of the Mexican Constitution were amended to create the so-called “Mexican National Anti-Corruption System” (Sistema Nacional Anticorrupción, or NAS). In addition, secondary legislation, consisting of several different laws and designed to set forth the principles, rules and procedures for the coordination of different Mexican administrative and criminal authorities that will be tackling corruption, was enacted or amended on July 18, 2016.
The purpose of these new laws is to create a solid legal framework against corruption. Much of the legislation is focused on assembling the administrative structure of the Federal Administrative Law Court, the Federal Audit Department and the Specialized Anti-Corruption Prosecutor, and endowing them with the ability to supervise and sanction corruption-related offenses.
However, three elements of the new legislation – the National Anti-Corruption System Law, the General Law on Administrative Accountability and amendments to the Federal Criminal Code – will cover conduct by private parties. It is imperative for companies conducting business in Mexico to understand the NAS, its secondary legislation and their resulting legal obligations. This article briefly outlines this body of laws and identifies those provisions that are relevant to private companies and individuals doing business in Mexico.
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