Decree Issuing Law of the National System of Statistical and Geographic Information

May 14, 2008
Decree Issuing Law of the National System of Statistical and Geographic Information

On April 16, 2008 a Decree issuing the Law of the National System of Statistics and Geographic Information (Ley del Sistema Nacional de InformaciónEstadística y Geográfica) was published in the Official Journal of the Federation, as part of paragraph B of Article 26 of the Mexican Federal Constitution, whichwill enter into force 90 calendar days following its publication. The purpose of the new Law, among other things, is to regulate the National System of Statisticsand Geographical Information, as well as the rights and obligations of participants in this system (individuals and entities who are required to submit statistical andgeographical information), establishing an obligation for individuals carrying out business activities and entities, unless they are part of the public sector, toregister themselves in the National Directory of Economic Units (Directorio Nacional de Unidades Económicas) maintained by the National Institute of Statisticaland Geographical Information (INEGI), and to maintain their registrations current under penalty of paying administrative fines for failing to do so. In conformitywith the new law: (i) information provided for statistical purposes by participants in the system shall be strictly confidential and may not be utilized for anypurpose other than statistics; (ii) the INEGI may not provide its information to any person or entity if such information is to be used for tax, judicial, administrativeor any other purpose; (iii) the data and information provided by participants in the system that originates from administrative registries shall be managed inobservation of strict confidentiality and may not serve as proof before judicial or administrative authorities, including tax authorities, in lawsuits or any otherforum; and (iv) participants in the system shall be informed of: (a) the obligatory nature of their responses, as the case may be, (b) the obligation to provide trueresponses and the consequences for providing false information, (c) the form in which information shall be divulged or supplied and (d) the term for providingnecessary information. Information provided is not subject to the Federal Law of Transparency and Access to public governmental information (which is similar tothe U.S. Freedom of Information Act). Information is to be considered in accordance with the terms of paragraph B of article 26 of the Mexican Constitution andthe National System of Statistical and Geographic Information shall be obligatory on Federal, state, Federal District and local governments in accordance with theterms of such new Law.

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