Mexico's Supreme Court has established a new criterion regarding account freezes ordered by the Financial Intelligence Unit (UIF). The Court ruled that account freezing is not a sanction but an administrative preventive measure aimed at protecting the financial system from operations with illicit funds and terrorism financing. Under this logic, the Court concluded that prior judicial intervention is not necessary for its issuance, as long as there are elements that justify the authority's action. This new criterion represents a significant change from the previous interpretation, which had primarily justified account freezes based on international commitments, particularly requests from foreign authorities within the framework of international cooperation mechanisms to combat money laundering and terrorism financing. This new understanding has practical consequences that must be considered by both individuals and legal entities. The freeze is preventive, allowing its application in early stages, even before a criminal investigation. However, the right to a hearing before the administrative authority and the promotion of an amparo lawsuit remain available to challenge inclusion on the blocked list. It has become crucial to strengthen compliance schemes, including fiscal, administrative, and criminal compliance, to prevent risks and adequately document operations.
