Anti-corruption regulation—Mexico—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—Mexico—Q&A guide
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

Anti-corruption regulation—Mexico—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in Mexico published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2021).

Authors: Villarreal-VGF—Luis A. García Campuzano

1. To which international anti-corruption conventions is your country a signatory?

Mexico is a signatory to the main international anti-corruption conventions, including:

  1. OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;

  2. Inter-American Convention Against Corruption;

  3. United Nations Convention against Corruption (unodc.org); and

  4. United Nations Convention against Transnational Organized Crime and the Protocols (unodc.org).

2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).

Some primary legislation:

  1. Federal Criminal Code (Código Penal Federal);

  2. National Code of Criminal Procedure (Código Nacional de Procedimientos Penales);

  3. General Law of Administrative Responsibilities (Ley General de Responsabilidades Administrativas); and

  4. Law of the Office of the Attorney General (Ley Orgánica de la Fiscalía General de la República).

Foreign bribery laws

Bribery of foreign public officials by individuals has been a crime under article 222-bis of the federal criminal code since 1999. Criminal liability for corporations and other legal entities was introduced in 2016, through the addition of article 11-bis to the federal criminal code. In line with the OECD Convention, the statute only covers the payer of bribes, not the recipient.

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