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Volume 07 Issue 06 June 2024

Regulatory Analysis of Government Compliance in Mexico
Gelacio Juan Ramon, Gutierrez Ocegueda
Department of Social Law of the Legal Studies Division of the University Center of Social Sciences and Humanities of the University of Guadalajara, Jalisco, Mexico.https://orcid.org/0000-0001-8880-094X
DOI : https://doi.org/10.47191/ijmra/v7-i06-01

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ABSTRACT:

This research work aims to identify the origin, concept and scope of government compliance. It also seeks to locate the history of regulation of corporate and governmental conduct. Finally, an analysis of the various government compliance instruments introduced in the Mexican legal system is carried out. Based on the above, the conclusions obtained will be presented. This research work obtains its justification in the duty of vigilance in charge of every administrator as he is obliged to introduce measures aimed at preventing the risks to which his activity is exposed in order to avoid, control and, where appropriate, compensate for the damages perpetrated against human rights, fundamental freedoms, so it is not simply a matter of obtaining a compliant opinion but of actually preventing the generation of a risk and therefore avoiding damage and inspiring confidence by fostering a good organizational reputation. In its daily work, the Public Administration is exposed to a variety of risks, which means introducing a set of processes within the scope of its own structure to guarantee respect for behavioral rules. Government compliance encompasses the adoption of a series of provisions that impose respect for objectives of general interest that range from the fight against corruption, child labor, terrorism, environmental protection, etc. Government compliance, as a means of controlling the actions of public entities, imposes structural commitments on public administrators such as the establishment of a cartography of systemic risks, the implementation of a behavioral code, which is why they are mechanisms of obtaining results and satisfying the objectives set or that are inherent to their public function. It is then about assuming and respecting values aimed at preserving the state's heritage, its organizational reputation and thereby providing credibility to public institutions, whether in the face of those individuals, their associates or the national states with whom they have entered into or intend to formalize alliances.

KEYWORDS:

Government Compliance, Code of Conduct, Anti-Corruption, Corporate Governance, Open Government

REFERENCES
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7) VARGAS FERNÁNDEZ, L. A. (Febrero-Noviembre de 2022). La Temporalidad Ad Aeternum: "Roba, pero hace obra" in-aplicación del compliance gubernamental- propuestas de mejora. (C. A. SRL, Ed.) Revista Peruana de Derecho de la Empresa, El Compliance Empresarial el Perú.(76), 200-211.

8) Act to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the se-curities laws, and for other purposes. The Sarbanes Oxley Act. [107th Congress Public Law 204]. [From the U.S. Gov-ernment Printing Office]. [DOCID: f:publ204.107] [[Page 116 STAT. 745]] Public Law 107-204 107th Congress. https://sarbanes-oxley-act.com/

9) Canadian Compliance Management Framework.

10) Code that regulates the conduct of public office holders in matters of conflicts of interest and post-employment. Bu-reau du conseiller en éthique Ottawa, Canada, 2003.

11) US Foreign Corrupt Practices Act (FCPA) of 1977 as amended, 15 U.S.C. §§ 78dd-1, et seq.

12) British Anti-Bribery Act came into force on 1 July 2011.

13) Law no. 2016-1691 on transparency, fighting corruption and modernizing economic life was published in the Official Gazette on 10 December 2016, known as the Sapin II Law.

14) Law No. 2017-399 of March 27, 2017 regarding the duty of vigilance of parent and ordering companies and groups located in France that employ either more than 5,000 employees in France, or more than 10,000 in France and abroad for two consecutive years.

15) Global Business Standards Codex. The GBS Codex contains a set of overarching principles as well as a set of conduct standards for putting those principles into practice. The GBS Codex is not intended to be adopted as is, but is meant to be used as a benchmark by those wishing to create their own world-class code. The GBS Codex captures eight ma-jor underlying principles in which ethical behavior can be interpreted and evaluated. The eight ethical principles are fiduciary, property, reliability, transparency, dignity, fairness, citizenship and responsiveness.

16) Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on February 5, 2017, and its last reform on Mars 22, 2024.

17) General Law of the National Anti-Corruption System, published in the Official Gazette of the Federation on July 18, 2016, and its last reform on May 20, 2021.

18) General Law of Administrative Responsibilities, published in the Official Gazette of the Federation on July 18, 2016, and its last reform on November 24, 2023.

19) Political Constitution of the State of Jalisco, Mexico, adopted on July 11, 1917, whose last reform dates from July 27, 2023, whose last reform was published in the Official Newspaper "El Estado de Jalisco" on July 27, 2023.

20) Law of Political and Administrative Responsibilities of the State of Jalisco, Mexico, published in the Official Newspa-per "El Estado de Jalisco" on Mars 14, 2023.

21) Agreement of the Constitutional Governor of the State of Jalisco, Mexico, dated January 26, 2017 published in the Official Newspaper El Estado de Jalisco on February 9, 2017.

22) Agreement 03/2018 issued by the Comptroller's Office of the State of Jalisco, Mexico on February 26, 2018 and pub-lished in the Official Newspaper El Estado de Jalisco on March 24, 2018.

23) Agreement of the Constitutional Governor of the State of Jalisco, Mexico and the Comptroller's Office of the State of Jalisco, Mexico dated February 20, 2019 and published in the Official Newspaper El Estado de Jalisco, Mexico on March 12, 2019, by which it is issued the Code of Ethics and the Rules of Integrity for public servants of the Public Administration of the State of Jalisco, Mexico.

24) Public Sector Procurement, Leasing and Services Law, published in the Official Gazette of the Federation on January 4, 2000, and its last reform on May 20, 2021.

25) Public-Private Partnership Law, published in the Official Gazette of the Federation on January 16, 2012, and its last re-form on June 15, 2018.

26) Law of Financial Discipline of the Federal Entities and Municipalities, published in the Official Gazette of the Federa-tion on April 27, 2016, and its last reform on May 10, 2022.

27) Classifier by Object of Expenditure for the Federal Public Administration issued by the National Council for Account-ing Harmonization, published in the Official Gazette of the Federation on December 28, 2010, and its last reform on June 26, 2018.

28) Federal Public Debt Law, published in the Official Gazette of the Federation on December 31, 1976, and its last re-form on January 30, 2018.

29) The Quality Infrastructure Law, published in the Official Gazette of the Federation on July 1, 2020.

30) Credit Institutions Law, published in the Official Gazette of the Federation on July 18, 1990, and its last reform on January 24, 2024.

31) Federal Penal Code, published in the Official Gazette of the Federation on August 14, 1931, and its last reform on April 1, 2024.

32) Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin, published in the Offi-cial Gazette of the Federation on October 17, 2012, and its last reform on May 20, 2021.

33) Federal Economic Competition Law (regulatory of article 28 of the Political Constitution of the United Mexican States), published in the Official Gazette of the Federation on May 23, 2014, and its last reform on May 20, 2021.

34) Federal Budget and Financial Responsibility Law, published in the Official Gazette of the Federation on Mars 30, 2006, and its last reform on November 13, 2023.

35) General Law of Transparency and Access to Public Information, regulating article 6 of the Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on May 4, 2015, and its last reform on May 20, 2021.

36) Federal Law of Transparency and Access to Public Information, published in the Official Gazette of the Federation on May 19, 2016, and its last reform on April 1, 2024.

37) General Law of Ecological Balance and Environmental Protection, published in the Official Gazette of the Federation on January 28, 1988, and its last reform on April 1, 2024.Biography
Volume 07 Issue 06 June 2024

There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.


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