Call Directed to Citizen José Alfredo Díaz Herrera to Obtain Customs Agent Patent

Official Gazette of the Federation: 22/06/2023

CALL directed to citizen José Alfredo Díaz Herrera to obtain customs agent patent

On the margin a seal with the National Shield, reading: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Customs Agency of Mexico.

CALL DIRECTED TO CITIZEN JOSÉ ALFREDO DÍAZ HERRERA

TO OBTAIN CUSTOMS AGENT PATENT

RAFAEL FERNANDO MARÍN MOLLINEDO, Head of the National Customs Agency of Mexico, in order to fully comply with the final judgment issued in the Amparo Trial 863/2022, by the Honorable District Judge of the Seventeenth District Court in Administrative Matters in Mexico City;

based on Articles 1, 8, 14, 16, 90 and 107 Section II First Paragraph, 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 Regulation of the Ministry of Finance and Public Credit in force; 73, 77 Section I, 192 and 197 of the Amparo Law; 1, First Paragraph, 2, Section II, 144, Sections XXI and XXXIX, and 159 of the Customs Law; 216 of the Regulation of the Customs Law, 1, 4 First Paragraph, Section A, 9, 11 Sections I, III, XIII, XVII Subsection a) and XX; and Eighth Transitional Article of the Internal Regulation of the National Customs Agency of Mexico, and:

Consideration

First. - That in strict compliance with the judgment issued on November 9, 2022, in the Amparo Trial 863/2022, by the Honorable District Judge of the Seventeenth District Court in Administrative Matters in Mexico City, which literally resolved:

"
...
Sixth.
...
In conclusion, the non-compliance with the obligation expressly established in the law, consisting of publishing in the Official Gazette of the Federation, a call to obtain the customs agent patent, translates into an obstacle to the effective exercise of the fundamental rights of legality and legal security and of freedom of work. ... In this sense, the responsible authorities ii) Head and iii) Legal General Director of Customs, both of the National Customs Agency of Mexico of the Ministry of Finance and Public Credit, once this constitutional control mechanism becomes final, in their respective scope of competence, issue the call and establish clearly the requirements to make operative the obtaining of the customs agent patent referred to in Article 159 of the Customs Law and 212 of its Regulation.

Regardless of whether to resolve on what is intended they may exercise

psychotechnical exam in its first stage.

5.

In case of not approving the psychotechnical exam in its first stage, or of not having taken it,

this will be considered as not accredited, proceeding to conclude the request and to the return of the

documentation exhibited by the aspiring person. The above, will be made known to the person

aspiring through an official letter issued by the General Legal Directorate of Customs, within a period no

greater than 5 business days.

III.

Third stage: Application of the psychotechnical exam in its second stage: (psychological).

1.

In case the aspiring person obtains result: approved/viable, in the psychotechnical exam

first stage, venue, date and time will be notified for the application of the psychological evaluation

corresponding to the second stage of the psychotechnical exam, which will be in charge of the General

Legal Directorate of Customs. The above, will be made known to the aspiring person through

an official letter issued by the General Legal Directorate of Customs.

2.

It is the responsibility of the aspiring person to appear on the date and time indicated to take

the psychotechnical exam in its second stage.

3.

To have the right to take the exam, the aspiring person must attend punctually at the

venue, date and time established and prove their identity with one of the following documents:

valid voter credential; professional license with photograph or valid passport.

4.

Inexcusably the psychotechnical exam in its second stage may be taken, at a venue, date or

time different from that established by the customs authority, nor will attendance justifications

of any kind be accepted.

5.

In case of not approving the psychotechnical exam in its second stage, or of not having taken it,

this will be considered as not accredited, proceeding to conclude the request and to the return of the

documentation exhibited by the aspiring person. The above, will be made known to the person

aspiring through an official letter issued by the General Legal Directorate of Customs, within a period no

greater than 5 business days.

C.

THIRD PHASE .

I.

Single stage:

Granting of customs agent patent.

In the event that the aspiring person fully complies with the bases, phases and stages indicated

in this Call, as well as with the requirements provided in Article 159 of the current Customs Law,

proceeding will be made to the granting of customs agent patent, prior payment of Duties, for concept

of issuance of customs agent patent, in terms of Article 51 Section II of the current Federal Duties

Law.

It is to be noted that, the customs agent patent is personal and non-transferable, and will be granted to the interested party

within a period no greater than four months counted from the notification of the official letter that will be issued by the

General Legal Directorate of Customs, through which, the aspiring person will be informed having complied

strictly with the bases, phases and stages indicated in this Call, as well as with the

requirements provided in Article 159 of the current Customs Law.

OTHER PROVISIONS.

It is specified that, the results obtained from the evaluations of the knowledge exam and psychotechnical

in its two stages, are final, unappealable and confidential, so the aspiring person accepts the

conditions established for their application from the moment of their participation in this

Call.

Non-compliance with the bases, phases and stages indicated in this Call, as well as of

any irregularity that the aspiring person presents during the development of the same, will bring as

consequence the cancellation of their request. The above, will be made known to the aspiring person to

through an official letter issued by the General Legal Directorate of Customs.

This Call will be developed in strict adherence to the applicable legal regulations and to the

principles of legality, objectivity, impartiality and efficiency.

Transitory

First. This Call will enter into force from the day of its publication in the Official Gazette

of the Federation.

Sincerely,

Mexico City, June 12, 2023. - Head of the National Customs Agency of Mexico , Rafael

Fernando Marín Mollinedo .- Signature.

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