Introduction
As international tensions rise, Mexico’s Congress of the Union holds an extraordinary session to approve legal amendments aimed at modifying the Mexican regulatory framework. These changes, however, disregard citizen proposals and focus on intimidating the public, such as the controversial “censorship law.” This article examines one of these proposed amendments to the Anti-Money Laundering Law (Ley Antilavado) and its implications for mediation professionals.
Background on the Anti-Money Laundering Law
The Anti-Money Laundering Law, colloquially known as “Ley Antilavado,” aims to expand the list of vulnerable entities and discretionary powers that negatively impact citizens. Under the proposed changes, the tax authority would have access to any individual’s banking information, purchases, biometric data, and property without a court order. Moreover, the law allows the National Guard to investigate financial crimes without judicial or prosecutorial oversight, potentially leading to abuses of power.
The Role of Mediation Professionals
Despite the absence of any mention of mediators or other conflict resolution professionals (MASC) in the original text, the Senate’s recent dictamen included them among public officials involved in vulnerable activities. The author emphasizes the importance of strengthening mediation and MASC as a means of accessing justice, preventing the collapse of judicial powers due to judge and specialized personnel turnover resulting from electoral processes.
Proposed Amendments and Their Implications
The proposed amendment seeks to add a new section D to Article 17, Fraction XII of the Anti-Money Laundering Law. This addition requires public and private facilitators, as defined in the LGMASC, to report vulnerable activities outlined in Fraction A of the same article. However, these activities are exclusively performed by public notaries.
Vulnerable Activities and Their Assignments
- Transmission or establishment of real property rights;
- Granting irrevocable powers for administrative or domain acts;
- Establishment or modification of legal entities, including capital adjustments, mergers, acquisitions, and share trading;
- Creation or modification of trusts for real property transfer or security;
- Granting loans or credit agreements, with or without collateral, where the creditor is not part of the financial system or a public housing authority.
These activities are specific to public notaries, and including them in the responsibilities of mediators and other MASC professionals could lead to confusion and potential misuse by financial analysis units within the Fiscalía and other authorities.
Conclusion: The Need for LGMASC Reform
The proposed amendment to the Anti-Money Laundering Law, if approved, would create ambiguity and potentially expose mediators and other MASC professionals to misuse by financial analysis units. The author advocates for a comprehensive review and reform of the LGMASC to rectify its defects, eliminate unintended changes, and ensure that mediation and MASC continue to serve as a viable alternative to traditional judicial processes.
Key Questions and Answers
- What is the Anti-Money Laundering Law (Ley Antilavado)? It is a Mexican law aimed at preventing money laundering by expanding the list of vulnerable entities and discretionary powers that negatively impact citizens.
- What are the proposed amendments to the Ley Antilavado? The amendment seeks to add a new section D to Article 17, Fraction XII, requiring public and private facilitators to report vulnerable activities that are exclusively performed by public notaries.
- Why are the proposed amendments a concern for mediation professionals? The proposed changes could lead to confusion and potential misuse by financial analysis units, as the activities in question are specific to public notaries.
- What is the role of mediation and MASC in this context? Mediation and MASC serve as a viable alternative to traditional judicial processes, preventing the collapse of judicial powers due to judge and specialized personnel turnover.
