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Phase04

Regulations

a) SENASICA
 

  • Federal Animal Health Act (LFSA)

 

https://www.gob.mx/cms/uploads/attachment/file/317972/Ley_Federal_de_Sanidad_Anima l.pdf

 

Article 24. The importation of goods listed below, shall be subject to inspection in accordance to the applicable animal health provisions and to the issuance of the Animal Health Certificate for Importation at the point of entry into the Country:

 

I. Live animals;
 

II. Animal origin goods;
 

III. Biological agents for any use, including GMOs in accordance to the corresponding Law, as well as materials and equipment used to handle, use or apply them;
 

IV. Carcasses, wastes and offals of animals;

V. Products for animal use or consumption;
 

VI. Animal agriculture used machinery, materials and equipment or those related to production of goods of animal origin;
 

VII. Vehicles, packages, containers or other equivalent ones used to carry goods mentioned in the paragraphs above or when there may be an animal health or contamination risk of the animal origin goods;
 

VIII. Other goods that may carry animal disease or pests.
 

Importers of goods entering to Mexico subject to animal health regulations, or those not regulated, that may carry disease or pests, shall observe the animal health provisions that may apply,

 

This includes those that enter as part of a commissary and in a storeroom of a ship, a diplomatic pouch or transported by passengers on their person, luggage or within household goods, by any means of transportation or by the postal service.

 

Importers of product samples for animal use or consumption for research, verification and registration purposes, shall request the corresponding authorization in advance from the Ministry where the maximum amounts to be imported will be determined.

 

Article 32. Those importing any goods stated herein shall comply with the animal health requirements sheet, or the animal health provisions that may be previously established by the Ministry for importation.

 

In the case of products for animal consumption, aside from the provisions in the paragraph above, the Country of Origin free-sale certificate shall be complied with and information shall be provided regarding the use, dosing and that determined by the Ministry.

 

Article 36. In the case of imports and depending on the zoosanitary risk, the Secretariat may determine the quarantine guardianship procedure at the expense of the importer and in case of a supervening risk, nullify the issued certification and order the importer the return, conditioning or destruction of regulated goods depending on the animal health risk.

 

Article 43. Custom Brokers and importers shall comply with the provisions of animal health for imported goods, and shall have the importation animal health certificate.

 

Article 45. When at the point of entry into the Country, the regulated goods do not meet the requirements of the animal health requirements sheet or the applicable animal health provisions, the Ministry –depending on the level of risk posed– may decide:

 

I. The return to the Country or place of origin or Country of Departure;

II. Conditioning, treatment; or

III. Destruction.

 

Without prejudice to the provisions in the first paragraph of this Article, when there is scientific evidence regarding an animal health risk, the Ministry will demand the owner or importer the destruction of the regulated goods. In case of posing a risk to human health, it will notify the Ministry for Health, regardless of the sanctions that may arise in accordance with the Law.

 

In any of the instances indicated herein, expenses incurred in shall be covered by the owner, importer or his legal proxy.

 

The Ministry will stop importations of regulated goods that exhibit contaminants, infection, exotic disease or pests, or disease or pests under an official campaign in the national territory. This will be communicated to the exporting Country.

The Ministry will determine the terms and procedures for the execution of the actions foreseen in the paragraphs mentioned above.

 

 

Article 72. Based on Article 45 of the Law, the Ministry may order the retention or return of regulated goods intended to enter the Country, when Articles 24, 32 and 43 of the Law are not complied with, or when there is suspicion of the presence of an animal health or contamination risk. When the Ministry orders retention, it may give five working days for the owner of goods to comply with the provisions of Article 24, 32 and 43 of the Law. In case of ordering the return, the owner of the goods will have ten working days to return them to the Country of Origin or Country of Departure. Immediate returns may be ordered when there is the suspicion or presence of an elevated animal health or contamination risk. Expenses incurred in shall be covered by the owner, importer or his legal proxy. OISA’s official personnel shall issue the corresponding document following the provisions of the Federal Law of Administrative Procedures.

 

Article 73. Once the terms indicated in the previous Article of this regulations have elapsed, or when there is suspicion or presence of an elevated animal health risk, the Ministry may order the destruction of the goods.

 

Expenses incurred in shall be paid by the owner, importer or his legal proxy.

 

The official personnel will issue the corresponding letter in accordance to the terms provided for by the Federal Law of Administrative Procedure.

 

In case the importer, Customs Broker or customs proxy requests the Ministry’s authorization for conditioning or treatment of the goods, they shall not be used until the Ministry issues the reply to said request within a maximum term of ten working days.

 

Article 74. The Ministry will order the method of destruction based on the animal health risk, being able to consider the following methods:

 

I. Incineration;
 

II. Landfill;
 

III. Trituration, and
 

IV. Others are determined by the Ministry based on technical information available.

 

 

 

 

 

 

b) SAT.
 

  • Mexican Foreign Trade Digital Window

 

The “VUCEM” System’s objective allows users, through one single electronic point, to carry out promotions or requests related to importations, exportations and foreign trade transit of goods according to the implementation steps indicated in the Decree and, given the case, those defined by the corresponding Mexican authorities regarding foreign trade.

Conditions of Use:

https://www.ventanillaunica.gob.mx/vucem/otros/CondicionesdeusoVUCEM2017.pdf

On January 14 2011, the Decree was published in the Official Gazette of the Federation to establish the VUCEM. https://www.dof.gob.mx/nota_detalle.php?codigo=5174688&fecha=14/01/2011

 

  • Customs Law

 

Article 2 section VIII.- Automated selection mechanism, the mechanism that will determine if the merchandise will undergo customs inspection.

Article 2 section XV.- Customs recognition, examination of the goods, as well as their samples carried out by the authorities to gather items that help to verify the veracity of what is declared before the customs authority, as well as compliance with the provisions that tax and regulate the entry or exit of goods from the national territory.

 

  • Pedimento (Customs Entry Document)
     

Article 2 Section XVI. It is the declaration, in electronic format, generated and transmitted for compliance with the regulations taxing and regulating the entry or exit of goods into national territory. It has the information regarding the goods, transit and Customs regime related to them. It also has all other data necessary to comply with the formalities to enter or leave the national territory, as well as those required by the applicable provision. To see the format and correct filling out of the pedimento, you may click on the following link: https://www.gob.mx/cms/uploads/attachment/file/74234/Formato-Pedimento-Aduanal.pdf

 

Article 36. Those introducing or exiting goods into/from the national territory part of a customs regime shall send to the Customs Authorities, through the Customs electronic system, an electronic format pedimento containing the information regarding said goods in accordance to the terms and conditions set forth by the Tax Administration Service (SAT) according to its rules, using an Advanced Electronic Signature (FIEL), digital stamp or other technological identification means.

 

Said pedimento will be submitted to the Customs Authority in a technological device or by electronic means together with the goods in order to activate the automated selection system. The device or electronic means shall have the technical elements allowing to read the information contained therein, including information of the pedimento –except for the instances when a printed pedimento needs to be provided with the corresponding information and a printed barcode. All of the above in accordance with the terms and conditions set by the SAT in its rules.
 

In case of pedimentos with an Advanced Electronic Signature, digital stamp or another technological identification means and the acceptance code generated by the electronic Customs system, they will be deemed to have been transmitted and carried out by the person owning that Advanced Electronic Signature, digital stamp or another technological identification means (for example: the importer, exporter, Customs Broker, Customs Agency or their authorized proxies).
 

The use of the Advanced Electronic Signature, digital stamp or other technological identification means corresponding to each one of the importers, exporters, Customs Brokers, Customs agencies and authorized proxies, shall have the same effect equivalent to their autograph signatures as provided for in the Federal Tax Code.

 

  • Invoice
     

Article 36-A. For the purposes of Article 36 in regards to Article 6 of this Law and other applicable provisions, the Customs Broker, customs agency and those entering or exiting goods into/from the national territory part of a Customs regime, shall be obliged to send an electronic or digital document attached to the pedimento, –except for the applicable provisions– containing the information below. It shall have the acknowledgment of receipt by the Electronic Customs System to deem it sent and submitted:

 

I. For Imports

 

a) Value and other information related to commercialization of goods contained in the digital tax document or equivalent document when the Customs value is determined in accordance to the transaction value declared in the corresponding acknowledgment of receipt provided for in 59-A herein.

b) Information contained in the bill of lading, shipping list, guide or other transportation documents as required by the SAT according to its rules –declaring the acknowledgment of receipt indicated in Article 20 section VII herein, or the corresponding transportation document.

c) Information proving compliance with non-tariff regulations and restrictions for importation that may be in place in accordance to the Foreign Trade Act, as long as they are published in the Official Gazette of the Federation and are identified in terms of the tariff classification and the corresponding nomenclature in accordance to the Tariff Schedule of the General Taxation Law for Importation and Exportation.

d) Information determining the origin of goods for the application of tariff preferences, countervailing duties, fees, country of origin marking and other measures set forth to this end in accordance to the applicable regulations.

e) Information on the digital document showing the guarantee of the customs guarantee account referred to in Article 84-A herein when declared value is below the estimated price established by the Ministry.

f) The opinion issued by authorized companies in accordance to Article 16-C, second Paragraph, section I herein, guaranteeing the weight volume and other characteristics pertaining to the goods or, given the case, a certificate in effect guaranteeing that the importer’s measurement mechanisms are duly calibrated in accordance to the provisions of the second Paragraph, Fraction II in the same Article.

 

Information referred to in this section shall only be applicable in case of dispatch of goods established by the Tax Administration Service’s rules that given the case may require specialized equipment, systems or devices in accordance to Article 16-C herein.

 

In case of goods that may be identified individually, the information regarding serial number, part number, brand name, model, or, given the case, the necessary commercial or technical specifications necessary to identify the goods and distinguish them from similar ones –if such information exists– shall be provided. This information shall be included in the information sent regarding the value and other goods commercialization data. However, companies with export programs authorized by the Ministry of Economy, are not obliged to identify the goods when they make temporary imports, as long as the imported products are components, inputs and semi-finished goods, foreseen in the corresponding program. If these companies opt to change to a definitive importation regime, they shall meet the obligation to send the serial number of goods that may have otherwise been imported temporarily.