Mexico City, The Financial Intelligence Unit (UIF) of the Ministry of Finance and Public Credit (SHCP) expressed disagreement with the adjustments made by the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) in the procedure to resolve a contradiction between two judicial instances.
The UIF, an organization headed by Pablo Gómez, former leader of the defunct Party of the Democratic Revolution (PRD), considered that with the changes, the Court hinders the protection measures of the financial system.
In a statement, he explained that last Wednesday, the Second Chamber approved, with the vote of three of its five members, a resolution in which it added requirements related to the express request, among which is the existence of an agreement that establishes the explicit and mandatory reciprocity between the requesting country and Mexico.
For the FIU, this requirement does not exist in the international financial intelligence system, which could make it impossible for Mexico to satisfy any request from abroad.
“In a procedure to resolve a contradiction between two judicial instances, the Second Chamber chose to make it more difficult to validate requests from foreign entities to block individuals and legal entities in Mexico,” the FIU mentioned.
He commented that the Court’s resolution is intended to further hinder the application of the protection measures of the Mexican financial system, such as the incorporation of records to the list of blocked persons.
The FIU maintained that the Second Chamber has jurisprudence issued on the occasion of a “consistent interpretation” of several protections that the court attracted, with which it has attempted since 2018 to make null and void the government’s power to incorporate subjects into the List of Blocked Persons. considered dangerous or highly risky so that they are prevented from carrying out financial operations in Mexico.
He added that this is not a sanction but a preventive measure established by the Credit Institutions Law and applied by the SHCP through the UIF.
“However, for the Second Chamber of the SCJN, this procedure does not agree with the Constitution unless it is requested by a foreign country, to which new impediments are now added in the form of requirements that are impossible to meet,” the FIU reported.
He indicated that the Government of Mexico requested the SCJN for its Second Chamber to eliminate the 2018 jurisprudence, and although it admitted the issue, it has not discussed it.
“Experience has shown that the aforementioned jurisprudence (called “Medina Mora” due to the surname of the then minister who promoted it and procedurally organized its approval) does not protect citizens but rather those who carry out money laundering activities,” the FIU warned.
He concluded that the examination of this matter is still pending in the SCJN to eliminate the judicial obstacles imposed on the functions of financial intelligence and the fight against crime and corruption, without prejudice to the fact that the path of legislative reforms also remains open.
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