Using the argument of preventing money laundering and the financing of crime and terrorism, President Claudia Sheinbaum proposed limiting the provisional suspension through an amparo lawsuit in cases of bank account freezing by the Financial Intelligence Unit (FIU).
In her proposed reform to the Amparo Law, which was received this Monday in the Senate, the federal president argued that a fundamental tool of the State for preventing and combating operations with illicit proceeds and terrorist financing is the freezing or confiscation of assets derived from illicit activities.
She argued that from December 1, 2018, to August 1, 2025, 3,659 amparo lawsuits were filed in which the FIU was challenged regarding the effects of the list of blocked persons. During the same period, the FIU carried out 1,407 definitive suspensions to unblock the accounts claimed in the suspension incident.
She stated that this has had a substantial impact, as accounts totaling 27 billion pesos have been unblocked, representing 54.4% of the total amounts initially blocked and unblocked by the amparo mechanism in its provisional or definitive suspension form.
“In the last two years (2023 and 2024), amounts have been unblocked by the amparo mechanism in its provisional or definitive suspension form, amounting to 86.3% and 72.3% of the total amounts initially blocked,” she stated.
Therefore, Sheinbaum proposed defining in the Amparo Law that there will be harm to the social interest if the suspension allows the commission or continuation of acts, operations, or services that may effectively favor, provide aid, assistance, or cooperation in operations with illicit proceeds or conduct that could harm the financial system. With this, the government would ensure the review and blocking of accounts until the end of the amparo trial.
“In the event provided for in this section, provisional suspension will not be applicable under any circumstances,” states the proposed reform to Article 129 of the Amparo Law.
However, the initiative mentioned that, in any case of account freezing, the court will safeguard the necessary resources for the payment of wages or other obligations owed to employees, alimony decreed by the competent authority, or to ensure the subsistence of the individual account holder and their alimony creditors, as well as tax or mortgage loans for personal use housing, while the amparo proceeding is resolved.
The bill proposes that suspension will also not be applicable when the State is impeded or obstructed in the exercise of its powers regarding public debt.
It also states that definitive suspension will only be granted to allow the use of the resources held in frozen accounts if their legality is proven. “In this way, a margin of judicial protection is allowed when the money does not come from illegal activities,” it argued.
This initiative will be officially received by the Senate in its session next Wednesday, and will be referred to committees for their ruling.
Source: latinus.us
