General Law of Administrative Responsibilities

    Mexico

    General Law of Administrative Responsibilities

    The General Law of Administrative Responsibilities (‘GLAR’) establishes administrative penalties for acts of corruption and bribery by public officials and private persons that are considered linked to such offences.

    Last Updated: July 30, 2019


  • Requirements

    Acts by private persons that are considered linked to serious administrative offences include: 

    • bribery of a public official, whether directly or through third parties (Articles 52 and 66 of the GLAR;) 
    • participation in federal, state, or municipal administrative proceedings from which the person has been banned (Article 67 of the GLAR); 
    • use of economic or political power on a public servant to obtain a benefit or advantage, or to cause injury to any other person or public official (Article 68 of the GLAR); 
    • use of false or altered documentation or information with the purpose of obtaining an authorisation, benefit or advantage or to cause harm to any other person (Article 69 of the GLAR); 
    • collusion with one or more private parties to obtain improper benefits or advantages in federal, state, or municipal public contracting processes (Article 70 of the GLAR); and 
    • hiring of public servants that were in office the previous year, and that haveas part of their previous employmentacquired confidential information, that may be used by the hiring party to obtain a benefit in the market or to gain an advantageous position over their competitors (Article 72 of the GLAR).

    Article 81 of the GLAR establishes administrative penalties that may be imposed on physical persons and legal entities for administrative offenses. For legal entities, these penalties include: 

    • economic sanctions that may reach up two times the benefit obtained, or up to approximately MXN 126,750,000 (approx. €5,945,830); 
    • preclusion from participating in public procurement and projects for up to ten years; 
    • suspension of activities for a period of up to three years; 
    • dissolution of the entity; and 
    • liability for damages incurred by any affected public entities or governments. 
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