Business Foundations could face a new challenge due to adjustments to legisla...

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By: Emilio Guerra Díaz Wow, how well the federal deputies do their job! Now they could reform the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin, to, among other objectives, monitor the donations received by both churches and non-profit organizations. How good they will feel sure that these “dangerous institutions” do not receive resources from drug trafficking. Some will applaud the measure and will not notice my sarcasm because they will pray the often repeated sentence: “no one watches these organizations.” Others will applaud with emotion because “they can lend themselves to money laundering.” Surely, the money laundering process is not well understood by many legislators and even by citizens in general. Whoever intends to “launder” money from an illicit activity seeks to create a legal one to recover their money. For this reason, they open new lucrative companies or direct their money to strengthen existing ones and make them lend themselves to it. The currency of exchange is generally the dollar in low denomination bills. Whoever thinks that resources are allocated to a civil society organization (CSO) to launder money does not understand the non-profit economy regime, much less know the way of operating and the legal framework of at least the philanthropic sector that makes it impossible for money “dirty” enters them and the gangsters recover it in its entirety.

In any case, if a trafficker donates a significant Phone Number List amount, the question is, how do you get the money back from him? He may in any case seek to launder blame, but that is all. In this regard, the newspaper La Jornada, in its August 14 edition, noted "last year it was revealed that in Pachuca, Hidalgo, a well-known drug trafficker financed the construction of a Catholic temple." The question is, how could he recover the investment he made? At what part of the process did you get his money back? It sounds illogical. The worst part is that our legislators get “rough” with the philanthropic sector and the churches, but they do not see the speck in their own eyes. The law stipulates, among other things, that resources received by both churches and non-profit institutions that provide services to third parties may be monitored. Ah, but what do you think, the Law does not contemplate including political parties or unions in these measures. They remain untouchable despite suspicions that candidates may be colluding with drug trafficking. Additionally, it is likely that legislation will be passed that the deputies consider it necessary for any CSO that receives a donation greater than 200 thousand pesos to immediately report it to the Ministry of Finance and Public Credit. It is worth reminding the reader that political parties receive many public resources and have fewer controls than philanthropic organizations.



The disproportion is such that it outrages. The parties have become employers of the bureaucracy banished from public institutions and are a source of new patrician clans for candidates for elected positions. From the budget assigned to the Federal Electoral Institute as well as to the parties, it is exorbitant, and even more so, in a year of federal elections. Well, legislators, in order to save themselves work in attacking the causes of the problems, go to the effects and bureaucratize what was once simple. A few years ago, the SHCP established a provision where CSOs in the philanthropic sector must comply with transparency practices, which requires that by the end of the year an authorized donee report on the origin of the donations, amount and, if applicable, the institution to whom to which donations were directed. This information is public and can be accessed on the SAT website. Failure to do so may result in the association losing its status as an authorized donee. In this way, another obstacle is placed on business foundations and donors in general when they decide to finance a project whose investment requires more than that amount.