Agreement regarding the General Call to obtain a customs agent patent published on June 22, 2023 — SHCP — MX

Official Gazette of the Federation (DOF): 03/07/2023

AGREEMENT regarding the General Call to obtain a customs agent patent published on June 22, 2023

In the margin a seal with the National Shield, reading: United Mexican States.- TREASURY.- Secretariat of Treasury and Public Credit.- National Customs Agency of Mexico.

AGREEMENT REGARDING THE GENERAL CALL

TO OBTAIN A CUSTOMS AGENT PATENT

PUBLISHED IN

THE OFFICIAL GAZETTE OF THE FEDERATION ON JUNE 22, 2023.

The National Customs Agency of Mexico, decentralized administrative body of the Secretariat of Treasury and Public Credit; based on articles 1, 6, 14, 16, 25 and 90 of the Political Constitution of the United Mexican States; 1, 2, section I, 17, 18, 26 and 31, sections XI and XII of the Organic Law of the Federal Public Administration; 4, Section G, section VI, 48 and 49 of the Internal Regulations of the Secretariat of Treasury and Public Credit; 1, first paragraph, 2, section II, 144, sections XIX, XXI and XXXIX, and 159 of the Customs Law; 1, 3, section XIII, 4, first paragraph, section A, 11, first paragraph, as well as sections 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, section XLV of the cited Internal Regulations; as well as in terms of articles 1, 2, 3, 5, 6 and 11, section VI of the Federal Law of Administrative Procedure of supplementary application, in accordance with articles 1 of the Customs Law, 5 and 33 of the Fiscal Code of the Federation, the following is issued:

AGREEMENT

In order to safeguard the legal interest of the applicants aspiring to obtain the customs agent patent referred to in the CALL published in the Official Gazette of the Federation on June 22, 2023, by this National Customs Agency of Mexico SECTION B. Registration and inscription of aspiring persons OF CHAPTER II PHASES, OF THE CALL published in the Official Gazette of the Federation on June 22, 2023, IS RENDERED WITHOUT EFFECT, continuing with the process until such time as the oversight bodies of the National Customs Agency of Mexico, analyze, resolve and where applicable sanction the detected irregularities.

The foregoing, in strict adherence to applicable regulations and to the principles of equality, legality, transparency, objectivity, impartiality and efficiency that must prevail in public service, considering the following:

BACKGROUND

First. That on June 22, 2023, the General CALL to obtain the customs agent patent was published in the Official Gazette of the Federation.

Second. That in CHAPTER I, SECOND BASE. REQUIREMENTS, first and second paragraphs, the following is provided:

"Aspiring persons must submit their application during the periods established in this CALL, at the link (URL) https://intra.anam.gob.mx/convocatoria_aa, in which they state:

...

Likewise, based on article 159 of the Customs Law and 51, section I of the Federal Law of Duties in force, in relation to procedure sheet 38/LA of Annex 2 of the General Rules of Foreign Trade for 2023, they must upload to the referred link (URL), in .pdf files, the documentation required below, in order to carry out the verification of compliance with requirements, in the following terms:

... "

Third. That in CHAPTER I, SECOND BASE. REQUIREMENTS, section VIII, Pass the knowledge exam conducted by the customs authority and a psychotechnical exam, the following is provided:

"Aspiring persons must present and be approved with a minimum grade of 85 points out of 100, in the knowledge exam, in order to be able to take the psychotechnical exam.

Unavoidably, aspiring persons must accredit all evaluations referred to in the preceding paragraph, in order to proceed with the continuity of the process.

Under no circumstances will knowledge and psychotechnical exams that have been conducted by the customs authority on aspiring persons prior to the publication of this CALL be taken into account, whether under the procedure for obtaining a customs agent patent by diverse CALL, or by procedure for obtaining a customs agent patent by substitution. "

Fourth. That in CHAPTER II, PHASES, section B. Registration and inscription of aspiring persons, numeral 1, the following is established:

"1. For the registration and inscription process, aspiring persons must have their valid advanced electronic signature certificate, issued by the Tax Administration Service and register online at the link (URL) https://intra.anam.gob.mx/convocatoria_aa The applicant must register their personal data and upload in PDF format, with a maximum weight of 5 MB per file, the documents that prove compliance with the requirements established in this CALL, with the exception of the proof of payment of Duties for concept of exam for customs agent applicant, which will be presented once their application has been accepted and notified.

... "

Fifth. That in CHAPTER II, PHASES, section B. Registration and inscription of aspiring persons, numeral 2, the following is provided:

"2. For the purposes of the preceding numeral, a maximum of 100 applications per day will only be received. If on one day there were less than 100 applications registered, the missing ones from that day will accumulate to the following day, and so on. "

Sixth. That in CHAPTER II, PHASES, section B. Registration and inscription of aspiring persons, numeral 3, the following is provided:

"3. During the application registration period, the system will be available, from 9:00 hrs. each day and will close at the moment that the maximum number of applications allowed per day has been registered or at 19:00 hrs. The time zone used is that of Mexico City. "

Seventh. That in CHAPTER II, PHASES, section B. Registration and inscription of aspiring persons, numeral 4, the following is established:

"4. Once the documentation has been reviewed and validated, applicants will receive a communication via electronic means, indicating that their application was admissible and they will be called to take the knowledge exam of this CALL or a requirement to remedy some requirement not covered, for which there will be a period of five business days to do so, starting from the business day following the day the notification takes effect, in terms of article 135 of the Fiscal Code of the Federation. Failure to remedy the requirement within the established period, will result in the inadmissibility of the application and, in case original documents were presented, to the return of the documentation exhibited by the applicant. The foregoing, will be made known to aspiring persons through an office issued by the General Legal Directorate of Customs of the National Customs Agency of Mexico, notified via electronic means. "

Eighth. That in the last paragraph of the CALL indicates that this will be developed in strict adherence to applicable regulations and to the principles of legality, transparency, objectivity, impartiality and efficiency.

CONTINGENCY

SOLE. That attentive to the backgrounds described above and facts that are detailed below, Mexican citizens by birth, interested in participating in the selection process to aspire to obtain a customs agent patent, in terms of the General CALL published in the Official Gazette of the Federation on June 22, 2023, many participants were prevented from accessing the process " of general benefit " provided in the cited CALL, violating thereby, not only the principle of equality in opportunity, but also those relating to legality, transparency, objectivity, impartiality and efficiency.

Now then, attentive to what is provided in CHAPTER II, PHASES, section B. Registration and inscription of aspiring persons, numerals 1, 2 and 3 of the CALL that concerns us, according to minutes raised on days 22, 23, 26, 27 and 28 of June 2023, in facilities of the National Customs Agency of Mexico, in the system referred to in the link (URL) https://intra.anam.gob.mx/convocatoria_aa, contingency was observed before an eventual hacking of the same, in the following terms:

Regarding the link (URL) link (URL) https://intra.anam.gob.mx/convocatoria_aa, the system marked error and did not allow access to the link at 9:00 sharp on June 22, 2023, but until 09:42:04.
Regarding inscription, it allowed the registration of applications in a number greater than 100 (one hundred per day and schedule); accepting the inscription of promotions outside the scheduled hours; generating inaccurate or incomplete data in the reception folios of the applications, by placing an incorrect numerical order of reception (omitting consecutive numbers); promotions with the same reception folio number, or well, indicating a month different from " June 2023 " ; acknowledgments without applicant data, or well, folios not generated;
In relation to documents, the system prevented viewing the backgrounds attached to the applications, or well, allowing the registration of promotions with incomplete documentation, although by rule the system requires uploading all required documentation.

From the foregoing, it is noticed that the process had irregularities by not strictly adhering to what is provided in the CALL, upon presenting the inconsistencies detailed in advance.

AGREEMENT

In this order it is reiterated-, in order to safeguard the legal interest of the applicants referred to in the General CALL published in the Official Gazette of the Federation on June 22, 2023, in the selection process to aspire to obtain a customs agent patent, SECTION B. Registration and inscription of aspiring persons OF CHAPTER II PHASES, OF THE CALL published in the Official Gazette of the Federation on June 22, 2023, IS RENDERED WITHOUT EFFECT, continuing with the process until such time as the oversight bodies of the National Customs Agency of Mexico, analyze, resolve and where applicable sanction the detected irregularities, since they have been given view for the corresponding effects.

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

Mexico City on June 29, 2023. - The Head of the National Customs Agency of Mexico, Attorney Rafael Fernando Marín Mollinedo.- Signature.

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