Agreement on the Results of the Examination Derived from the Call for Obtaining a Customs Agent Patent Published on June 22, 2023

DOF: 06/12/2023

AGREEMENT regarding the results of the examination derived from the Call for obtaining a Customs Agent Patent, published on June 22, 2023

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Customs Agency of Mexico.- Office of the Head.

AGREEMENT

REGARDING

THE

RESULTS

OF

THE

EXAMINATION

DERIVED

FROM

THE

CALL

FOR

OBTAINING

A

CUSTOMS

AGENT

PATENT

PUBLISHED

IN

THE

OFFICIAL

GAZETTE

OF

THE

FEDERATION

ON

JUNE

22,

2023.

ANDRÉ GEORGES FOULLON VAN LISSUM, Head of the National Customs Agency of Mexico, a decentralized administrative body of the Ministry of Finance and Public Credit; based on articles 1, 5, 6, 14, 16, 25, 26, and 90 of the Political Constitution of the United Mexican States; 1, 2, fraction I, 17, 18, 26, and 31, fractions XI and XII of the Organic Law of the Federal Public Administration; 4, Section G, fraction VI, 48, and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; 1, first paragraph, 2, fraction II, 144, fractions XIX, XXI, and XXXIX, and 159 of the Customs Law; 1, 3, fraction XIII, 4, first paragraph, Section A, 11, first paragraph, as well as fractions I, III, XIII, XIV, XVII, subsection a), and XX of the Internal Regulations of the National Customs Agency of Mexico, in relation to provision 13, fraction XLV of the aforementioned Internal Regulations; as well as in terms of articles 1, 2, 3, 5, 6, and 11, fraction VI of the Federal Administrative Procedure Law, applicable as supplementary law, in accordance with articles 1st of the Customs Law, 5th, and 33 of the Fiscal Code of the Federation, the present Agreement is issued in accordance with the following:

BACKGROUND

First.
That on June 22, 2023, the CALL for obtaining a customs agent patent was published in the Official Gazette of the Federation.

Second.
That on July 3, 2023, the AGREEMENT regarding the General Call for obtaining a customs agent patent published on June 22, 2023, was published in the same Official Dissemination Body, through which PHASE B. Registration and inscription of applicant persons of CHAPTER II PHASES of said call was left without effect.

Third.
That on November 20, 2023, the Agreement by which PHASE B. Registration and inscription of applicant persons of CHAPTER II PHASES of the CALL published in the Official Gazette of the Federation on June 22, 2023, was resumed, was published in the same Official Dissemination Body.

Fourth.
That in CHAPTER I, SECOND BASE. REQUIREMENTS, fraction VIII, it mentions that it is a requirement to pass the knowledge examination administered by the customs authority and a psychotechnical examination, which disposes as follows:

"Applicant persons must present and pass with a minimum grade of 85 points out of 100, in the knowledge examination, in order to be able to take the psychotechnical examination. Inexcusably, applicant persons must accredit all the evaluations referred to in the preceding paragraph, in order to proceed with the continuity of the process."

Fifth.
That, in accordance with what is established in the Agreement to resume the Call for obtaining a Customs Agent Patent published in the Official Gazette of the Federation on November 20, 2023, relative to the Call published in the same official dissemination medium on June 22, 2023, and after electronic notification to each of the applicants, the knowledge examination referred to in Chapter II, PHASE C, of the aforementioned Call was applied on December 1, 2023, at the facilities of the Integral Evaluation Center (CIE) belonging to the Ministry of National Defense (SEDENA), in strict compliance with protocols to safeguard the process, where applicant persons must accredit all evaluations, with a minimum grade of 85 points out of 100, in the knowledge examination, in order to proceed with the continuity of the phases of the same call.

Sixth.
That the aforementioned Call in CHAPTER II, PHASES, letter "C. Application of the knowledge examination", numerals 4 and 5, states that it will consist of five modules and each will have a value of 20 points, giving a total of 100 points, with the final grade of the knowledge examination being calculated by individually evaluating the five mentioned modules and summing the results obtained in each one, so that, to obtain a passing result, applicant persons must obtain a minimum grade of 85 out of 100 points.

Of the 916 persons who registered in accordance with the Call, only 849 of them presented themselves for the knowledge examination, which aims to measure individually the knowledge that, in general, applicants for a Customs Agent Patent must have, to guarantee that they have the sufficient capacities and aptitudes to provide adequate assistance in customs clearance.

CONSIDERATIONS

First.
That Article 1st of the Constitution, reformed on June 10, 2011, establishes that all persons will enjoy the human rights recognized in this Constitution and in concordance, the authorities, within the scope of their competencies, have the obligation to promote, respect, protect, and guarantee such rights; in this understanding and in accordance with the pro persona principle emanating from that norm, the greatest benefit of the applicants for obtaining a patent is attended to, so it is considered viable to reduce the passing margin in the knowledge examination, to continue with the process of the aforementioned Call.

Second.
That Article 14 of the Constitution interpreted a contrario sensu, allows applying legal provisions in benefit of the governed, so it is constitutionally valid to propose the modification to the minimum score to pass the knowledge examination.

Third.
That, in accordance with what is provided in Article 25 of the Political Constitution of the United Mexican States, it corresponds to the State the rectorate of national development to guarantee that it is integral and sustainable, that it strengthens the sovereignty of the Nation and its democratic regime and that, through competitiveness, it fosters economic growth, employment, and allows the full exercise of freedom and the dignity of individuals, as well as their professional development. Along with a fairer distribution of income and wealth, and that the Law will encourage and protect the economic activity carried out by private parties and will provide the conditions for the development of the private sector to contribute to national economic development, promoting free competition.

Fourth.
That, based on the National Development Plan 2019-2024, the National Customs Agency of Mexico determined to issue the Call for obtaining a customs agent patent, who is considered an auxiliary of the Mexican State and a facilitator of foreign trade with various countries of the world; and since the customs clearance of merchandise has increased in recent years, professionals with experience in the customs and foreign trade sector are required.

Fifth.
That the evolution of legislation related to foreign trade is permanent and has considerably increased its volume due to technological innovations, the regulation of services, subjects, and the challenges and problems that arise in operations, implying an important accumulation of knowledge.

Sixth.
That to recognize the effort so far made by persons with registration to obtain a customs agent patent, who presented themselves to take the knowledge examination due to its specialty and breadth in customs and foreign trade matters, as well as the large number of participants, it is deemed necessary to adjust the minimum grade to have it accredited.

Seventh.
That in order to generate greater competitiveness among authorized persons, it is necessary to increase the offer of services for the various users who require a customs agent to carry out import and export operations and other inherent procedures in the matter.

Eighth.
That therefore it is necessary to reconsider the score with which the knowledge examination must be considered accredited, having as a basis the provisions issued by the Ministry of Public Education, and even institutions of University level, both public and private, and in order to gather new, innovative, and transformative people who will boost the evolution of foreign trade in our country, generating a greater offer for users who demand their services.

Ninth.
That, derived from the results obtained by persons who had registration to participate in the process to obtain a customs agent patent, and in order to contribute and serve the purpose of preventing the exclusion of participants, as well as expanding access opportunities to obtain the referred patent, in accordance with the procedure provided in the Call published in the Official Gazette of the Federation on June 22, 2023, in conjunction with the Agreement to resume the said Call, published in the same official information medium on November 20, 2023, based on Article 25 of the Constitution, it is considered that obtaining 60 points out of 100 is a grade that, in the judgment of the authority, constitutes the presumption that the examinee has justifiable minimum knowledge for the development of their activity as a customs agent.

Tenth.
That the evaluation of applicant persons must be integral and will include the valuation of knowledge, skills, and abilities obtained during their professional development, as well as during their labor experience in foreign trade matters, which is why it is considered to promote the participation of people committed to the transformation of the country, as established in the National Development Plan.

Eleventh.
That, in accordance with the results yielded in the exam presented on December 1, 2023, the participation of a larger number of persons is required for the granting of customs agent patents, as customs clearance of merchandise has increased, without the need to carry out a new selection procedure for applicants via call, since this has already been fully complied with, as with the expansion of approved applicants, the State's needs in foreign trade matters are met.

Twelfth.
That in the agreement to resume the Call for obtaining a customs agent patent published in the Official Gazette of the Federation on November 20, 2023, in order to facilitate the registration and inscription process, the maximum number of 100 applications per day was eliminated and the registration schedule was expanded.

Thirteenth.
In accordance with the above, it is considered pertinent to decrease the minimum passing score, and therefore expand the margin of persons with a passing result, thus having a larger number of candidates to aspire to as customs agents, and they can continue with the subsequent phases of the Call published on June 22, 2023, given the increase in foreign trade operations without the need to take a new knowledge examination.

From the foregoing, in order to be able to cover all the customs agent patents that the State contemplated granting, it is considered necessary to issue the following:

AGREEMENT

First.
In this order, in order to comply with what is stated in Articles 1st, 5, 14, 25, and 26 of the Constitution, and in attention to the results yielded in the exam presented on December 1, 2023, with the purpose that through the Call referred to in Article 159 of the Customs Law, and to be able to cover all the vacancies for the granting of customs agent patents that the State needs to grant, it is considered viable to establish as a benefit for the examinees that the minimum passing grade be 60 out of 100 points, so as to expand the margin of persons with a passing result, giving opportunity to the evaluation process, to have more candidates to aspire to obtaining a patent for a customs agent, and that they can continue with the subsequent phases of the Call published on June 22, 2023.

Second.
Those applicants who are within the passing range referred to in the previous numeral, their exhibited documentation will be reviewed and analyzed; and in case that they have not met any requirement provided in the Call for obtaining a customs agent patent, published in the Official Gazette of the Federation on June 22, 2023, the corresponding requirement will be formulated for them to present the omitted documentation and information within a term of 05 days counted from the next business day on which the notification takes effect, with the warning that if they do not do so, the result will be the non-proceeding of their application.

The foregoing, in strict compliance with the applicable regulations and the principles of equality, opportunity, legality, transparency, objectivity, impartiality, and efficiency that must always prevail in public service.

TRANSITORY PROVISIONS

Sole.- This AGREEMENT will take effect on the day of its publication in the Official Gazette of the Federation.

Respectfully
Mexico City, December 4, 2023.- Head of the National Customs Agency of Mexico, André Georges Foullon Van Lissum.- Rubric.

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