Federal Official Gazette
On November 30th, the Secretariat of Finance and Public Credit (SHCP) published in the Official Gazette of the Federation (DOF), the agreement, through which new rules are detailed where it requests more requirements for suppliers of virtual assets can be registered as a vulnerable activity before the Tax Administration Service (SAT) and are supervised in the prevention of money laundering and terrorist financing.
In this sense, the path is set for the anti-laundering certification of the personnel in charge of preventing money laundering in the organizations that carry out any of the 16 existing vulnerable activities. This process will be carried out by the Financial Intelligence Unit (FIU).
In this regard, the following modifications stand out:
REGISTRATION AND REGISTRATION AS A VULNERABLE ACTIVITY
Article 4.- For the purposes of articles 12 and 13 of the Regulation, those who carry out acts or operations in terms of article 17 of the Law, must enter the Portal on the Internet, in order to send, under protest of telling the truth, the following information for its registration and registration as a Vulnerable Activity:
Article 5.- The SAT, once it receives the information referred to in the previous article and, where appropriate, the documentation indicated in Chapter II Bis of these rules, will issue the electronic acknowledgment of registration and respective registration with digital stamp and it will grant access to electronic media within the Internet Portal, through which those who carry out Vulnerable Activities will send the corresponding Notices and will receive notifications, reports or communications from the said body, the FIU or the Secretariat.
Likewise, the requirements for REGISTRATION AND REGISTRATION OF THOSE WHO OPERATE WITH VIRTUAL ASSETS are disclosed, which include the articles of incorporation of the person who carries out the Vulnerable Activity, CURP, RFC, address, trade name, legal representative or attorney-in-fact (in the case of legal entities)
In the case of natural persons, they must present a copy of their official identification, their CURP, and their registration in the RFC that meet the requirements established in subparagraphs i, ii and iii of subparagraph b) of Annex 3 of these Rules.
Individuals who carry out Vulnerable Activities, as well as those responsible for compliance who have accepted their designation in accordance with article 20 of the Law, may obtain the certification that the FIU will grant in terms of compliance with the Law, its Regulations and these rules, for the prevention and detection of acts or operations that involve resources of illicit origin or destined to the financing of terrorism, in accordance with the summons issued and published in the Federal Official Gazette. Said certification will be valid for 5 years.
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