On February 13, 2025, the new Regulations for Non-Profit Organizations (OSFL) on the Prevention of Terrorist Financing (TF) were published in La Gaceta Diario Oficial No. 28, through which its regulatory framework is established with the purpose of applying the necessary measures to prevent OSFLs from being used as instruments for TF.

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The new Regulation establishes that the Ministry of the Interior (MINT), through the General Directorate of Registration and Control of Non-Profit Organizations (DGRC-OSFL) , is the competent authority for the application of the provisions contained herein.

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Likewise, the DGRC-OSFL is empowered to apply regulatory measures and procedures to NPOs, ranging from verifying compliance with the regulatory framework for preventing FT, applying a special sanctions regime, conducting on-site or off-site supervisions and controls with a risk-based approach, as well as cooperating and coordinating with the Financial Analysis Unit (UAF) on matters related to suspicious transactions.

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In accordance with the above, the DGRC-OSFL has the duty to lead every three (3) years the Sectoral Evaluation of the TF risks to which the OSFLs are exposed, and must establish the necessary parameters so that the OSFLs can build their TF prevention plans consistent with the results of the sectoral evaluation.

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Therefore, NPOs will have as their primary obligation the construction of comprehensive TF Prevention plans, integrating into these the corresponding TF Prevention Manual with its policies and procedures, its risk matrices, training plans, as well as the preparation of their Individual Risk Assessments , where they will determine the risk factors to which they are exposed and how to mitigate them.

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Similarly, the Regulation urges NPOs to take a proactive stance in adopting measures to understand the risks of TF globally, as well as internal control and good governance, in order to make their operations transparent.

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To further our understanding of the scope of the new regulations, our compliance team at BMR Legal is comprised of professionals with experience in a variety of sectors. This allows us to understand the real risks inherent to each industry. We are proud to provide value to our clients and serve as more than advisors, but as business partners.

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