The draft Internal Regulations of the secretariat indicate that this Unit, which will replace the General Coordination to Combat Impunity, may even request such information – such as deposit, savings or investment operations – from spouses, cohabitants and direct economic dependents.
“Request from the competent authorities, including the National Banking and Securities Commission, in the terms of the applicable provisions, information on tax matters or information related to deposit, savings, administration or investment operations of monetary resources,” it indicates.
“When required to verify the evolution of the financial situation of the declarants, including that of their spouses, concubines or cohabitants and direct economic dependents, in accordance with the provisions of article 38 of the General Law of Administrative Responsibilities.”
This possibility is already established in the current Internal Regulations (of the SFP), although as part of the direct powers of the person who owns the agency, not of a specific administrative unit.
The proposed regulation, subject to review by the National Commission for Regulatory Improvement (Conamer), adds that the Unit to Combat Impunity may also request information considered “reserved or confidential” for the development of investigations related to serious offenses.
“Request from the competent authorities, including the National Banking and Securities Commission, in the terms of the applicable provisions, information on tax, stock market, fiduciary matters or information related to deposit, administration, savings and investment operations of monetary resources” , he points out.
“And, in general, that which the legal provisions on the matter consider to be reserved or confidential, provided that it is necessary for the development of investigations due to serious administrative misconduct.”
The “Combat Impunity Unit” will have four general directorates according to the draft Regulation: Asset Monitoring, Investigation, Procedures and Resolutions, and Strategic Criminal Matters.
Likewise, the complaints and investigations area of internal control bodies will be able to:
- Randomly verify the declarations of financial situation and interests, as well as the proof of filing of the tax declaration of public servants.
- Request from the declarants and the competent authorities the information required to verify the patrimonial evolution of the declarants, their spouses, concubines or cohabitants and their direct economic dependents;
- Request from the substantiating or resolving authority the precautionary measures necessary to conduct its investigations.
- Exercise the powers that correspond to it as an investigative authority in accordance with the regulations on administrative responsibility, including promoting the appropriate resources.
