Mexico’s Supreme Court (SCJN) ruled on the Unconstitutionality Action 58/2022, as well as on several related amparo proceedings, confirming the constitutionality of the bank-account blocking framework established in the Mexican Credit Institutions Law.

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The Plenary determined that the power of the Secretary of Finance (SHCP), through the Financial Intelligence Unit (UIF), to include persons on the Blocked Persons List and order the freezing of accounts: (i) constitutes a precautionary administrative measure, (ii) does not have a punitive or criminal nature, (iii) may be exercised based on sufficient evidence, and (iv) must respect the guarantees of hearing, defense, and access to legal remedies.

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The SCJN also addressed the scope of blocking may be supported by domestic and international information/indicators, and it is not limited only to cases triggered by foreign requests.

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For companies, the SCJN’s ruling confirms a scenario of latent exposure: it is sufficient for the UIF to identify indicators linked to money laundering or terrorist financing for an account to be immediately frozen, without prior judicial process or opportunity for advance defense. In practice, this may result in the abrupt interruption of critical operations—payments to suppliers, payroll disbursements, fulfillment of contractual obligations—while the administrative unblocking procedure runs its course.

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From a compliance standpoint, it is recommended that corporate compliance teams strengthen their internal controls, including monitoring clients and counterparties against AML/CFT-related lists, as well as timely reviewing and documenting transactions that could trigger alerts.

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Likewise, it is important to have clear protocols in place that enable immediate and efficient action in these situations.

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Our Regulatory Compliance team has assisted numerous clients in implementing AML/CFT programs. We are at your service to answer any questions and assist you in preventing or, if necessary, addressing these types of contingencies.

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The information contained in this Client Alert is for informational purposes only and does not constitute legal advice. For any related inquiries, please contact our Compliance team.