1. Is your country a member of the OECD Anti-Bribery Convention?
Yes.
2. Is your country a member of any other bilateral or multilateral conventions on anti-corruption?
Yes. Mexico is a member of the Inter-American Convention against Corruption and the United Nations Convention against Corruption. In addition, several bilateral and multilateral international agreements entered by Mexico have anti-corruption provisions, such as the United States-Mexico-Canada Agreement.
3. Are there local anti-corruption laws in your country focusing on corporations, not individuals? If yes, what sanctions can be imposed?
No, there are no anti-corruption laws focusing solely on corporations. However, Mexican anti-corruption laws apply to both individuals and corporations.
Corruption conducts can be subject to both administrative and criminal prosecutions, and, depending on the seriousness of the corruption conduct, may go from fines to the dissolution of the corporation.
4. Can companies be held liable for acts of corruption under civil or administrative law?
Yes. Companies can be held liable for corruption acts under the General Law on Administrative Responsibilities.
5. Is corruption of individuals punishable?
No. Private-to-Private corruption is not punishable under Mexican laws.
6. Are facilitation payments allowed?
No. Facilitation payments are considered a bribe under Mexican laws.
7. Is there a legal regulation/maximum limit for accepting or giving gifts, invitations, etc.?
Under Mexican laws public officials cannot accept or receive gifts or invitations by private parties. Any gift given to a public official can be considered a bribe.
8. Are bribes to foreign government officials prohibited?
Yes.
9. Does your legislation have any extraterritorial reach?
Yes. However, they can only be prosecuted when the acts of corruption executed outside Mexico produce or are intended to produce effects in Mexico.
10. Is it possible to confiscate assets from the company?
Yes.
11. Does your legislation rely on deferred prosecution or non-prosecution agreements or any other type of non-trial resolution for corruption?
No. However, under the Mexican Constitution the General Attorney Office has the right to not initiate or conduct a criminal proceeding against any person when certain conditions are fulfilled; some of them being repairing the damage caused to the victim and providing information for the prosecution of a more serious crime.
12. Can a company be liable for the acts of its intermediaries or third parties?
Yes.
13. Can a parent company be liable for the acts of its subsidiaries?
Yes, but only if it can be proven that the parent company ordered or instructed its subsidiary to commit an act of corruption.
14. Are there any affirmative defenses or exceptions for those accused of corruption acts?
No.
15. Does your jurisdiction require domestic entities to implement anti-corruption internal programs?
No. However, if implemented, they can request and be subject to a reduced fine in administrative procedures.
16. Is having a compliance program a defense or mitigating factor, while reviewing sanctions?
Yes. See above.
17. Could the cooperation with the authorities or an internal investigation be a defense or mitigating factor?
Yes. See above.
18. Is there any publicly available guideline issued by the authorities in charge of enforcing anti-corruption laws? For example, manuals on compliance programs, leniency agreements, etc. If so, please provide the link.
N/A
Contributor
Santamarina y Steta
Ivan Szymanski, iszymanski@s-s.mx