Steps taken by Mexico to implement and enforce the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

(Information as of 24 March 2004)

Date of deposit of instrument of ratification/acceptance or date of accession

The Convention was approved as an international treaty on 22 April 1999, promulgated decree and published in the “Official Gazette of the Federation” on May 12, 1999. The instrument of ratification was deposited with the OECD Secretary-General on 27 May 1999.

Deposit of instrument of ratification/acceptance: 27 May 1999
Entry into force of the Convention: 26 July 1999
Entry into force of implementing legislation: 18 May 1999

Implementing legislation

The Federal Penal Code (FPC) was amended and came into force May 18, 1999. FPC article 222bis establishes the offence of bribing foreign official provides sanctions for natural persons and to a legal person where a representative of a legal person has been convicted of bribing a foreign public official and the offence was committed on his/her behalf.

Other relevant laws, regulations or decrees that have an impact on a country’s implementation of the OECD Convention or the Recommendations

A draft bill to fully implement the Convention was submitted December 2003 to the Congress. This bill, which is to conform to the Working Group recommendations, addresses both the level of pecuniary sanctions as well as the liability of legal persons.

The Access to Information Act was approved by Congress and published in the Official Gazette on 11 June 2003. The public procurement and public works laws are in the process of being amended to include, among others, provisions allowing public consultations to review bidding guidelines of relevant bidding processes and to promote and recognise transparent corporate practices.

On 13 March 2002, amendments to the Civil Servants Federal Administrative Responsibility Act were approved. These reforms prevent illicit conducts by domestic public officials and provide the Ministry of Public Administration with the necessary legal tools to guarantee a more efficient application of the law.  It establishes provisions to verify and examine the evolution of domestic public officials' patrimony.

Mexico hosted the High Level Political Conference for the Purpose of Signing the United Nations Convention against Corruption from 9 to 11 December 2003. Mexico signed the Convention on 9 December 2003 and, on 15 March 2004 it was sent to the Senate for its consideration and ratification.
Mexico deposited the ratification instrument of the Inter-American Convention on Corruption on 2 June 1997.

Other information

Relevant authorities

The relevant authority on bribery offences is the Ministry of Public Administration, http://www.funcionpublica.gob.mx/ 

The authority responsible for penal processes is the General Attorney Office http://www.pgr.gob.mx/

Working Group on Bribery Monitoring Reports

Phase 1:  Review of Implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/15/30/2388858.pdf

Phase 2:  Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions
http://www.oecd.org/dataoecd/53/31/33746033.pdf

Phase 2: Follow-up Report on the Implementation of the Phase 2 Recommendations on the Application of the Convention and the 1997 Recommendation on Combating Bribery of Foreign Public Officials in International Business Transactions
http://www.oecd.org/dataoecd/39/39/38376307.pdf

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