Federal Law on Anti-corruption Practices in Public Contracts, 2012

South America Current 2012

Mexico’s Federal Law on Anti-corruption Practices in Public Contracts (Ley Federal Anticorrupción en Contrataciones Públicas) provides regulations related to public-private contracting with the aim to prevent corrupt practices. The Anti-Corruption Law holds individuals and companies accountable for offering money or gifts to obtain or maintain a business advantage in the procurement of public contracts with the Mexican government. It also has extraterritorial implications in that it prohibits any such actions by Mexican entities or individuals with respect to foreign (non-Mexican) authorities and public officials, whether directly or indirectly. The Law sets forth a two-tiered procedure for enforcement, handled primarily by the Ministry of Public Administration (Secretaría de la Función Pública or the Ministry). The first is the investigation phase, during which enforcement authorities can request confidential information in a short turnaround of five to ten days. This is followed by an administrative proceeding. 

Scope

Governance

Industry sectors covered by the instrument

All/none specified

Organizations covered by the instrument

All organizations except those in the public sector

Issuer type

Business/Trade/Industry

Type of instrument

Legislation

Mandatory or voluntary

Mandatory

The geographical scope

National/federal

Project Partners