Ethics and anti-corruption rules for defence contractors in Mexico

Ethics and anti-corruption

When and how may former government employees take up appointments in the private sector and vice versa?

The Government Employees’ Responsibilities Federal Law provides that former government employees are subject to restrictions associated with their office or ministry. Former government employees must allow a specific period before they join a private or public sector employment that has significant dealings with the government or has any other restriction with respect to their job.

How is domestic and foreign corruption addressed and what requirements are placed on contractors?

In connection with public procurement, domestic and foreign corruption is addressed by several different approaches and measures. In all public procurement agreements of which the total amount is above 5 million days of minimum wage (around 441 million Mexican pesos)or that may have certain impact in the programmes of the contracting government body, individuals who are known as ‘social witnesses’ must participate. These individuals are in charge of supervising the procurement process to prevent and detect potential corruption or irregularities in the procurement process.

Also, as a means to prevent corruption, certain public procurement bidding may be executed through electronic means in accordance with applicable law.

To be eligible, contractors must register with the Contractors Sole Registry, in which they will have to disclose certain vital information of their own and their activities.

The Ministry of Public Affairs will be in charge of managing a government public procurement electronic system, which will contain all documentation in connection with all public procurement acts executed. All information must be kept for a period of at least three years.

In general, all domestic and foreign corruption is addressed and prevented by certain general provisions stated in the Federal Anti-Money-Laundering Law, in the Criminal Code and in the Public Officials Liabilities Federal Law.

What are the registration requirements for lobbyists or commercial agents?

There are no specific rules of general application regarding the registration of lobbyists or commercial agents.

Are there limitations on the use of agents or representatives that earn a commission on the transaction?

There are no specific rules of general application regarding the use of agents or representatives that earn a commission on the transaction.