Call Directed to Citizen Lucio Horacio Loaiza Sánchez to Obtain a Customs Agent Patent

Official Gazette of the Federation: 24/04/2023

CALL directed to citizen Lucio Horacio Loaiza Sánchez to obtain a customs agent patent

In the margin, a seal with the National Coat of Arms, stating: United Mexican States.- TREASURY.- Secretariat of Finance and Public Credit.- National Customs Agency of Mexico.

CALL DIRECTED TO CITIZEN LUCIO HORACIO LOAIZA SÁNCHEZ

TO OBTAIN PATENT

OF CUSTOMS AGENT

RAFAEL FERNANDO MARÍN MOLLINEDO, Head of the National Customs Agency of Mexico, in order to fully comply with the final judgment issued in Amparo Trial 1147/2022, by the Ninth District Judge on 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 Regulations of the Secretariat of Finance and Public Credit; 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 Regulations of the Customs Law, 1, 4 first paragraph, section A, 9, 11 sections I, III, XIII, XVII subsection a) and XX; and article eight transitory of the Internal Regulations of the National Customs Agency of Mexico, and:

Considering

First. - That in strict compliance with the judgment issued on November 14, 2022, in Amparo Trial 1147/2022, by the Ninth District Judge on Administrative Matters in Mexico City, which literally resolved:

"

...

FIFTH.

...

Therefore, it is concluded that 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 principle of legality and the right to work.

...

SIXTH. Effects of the amparo. Under these conditions, in accordance with article 77 of the Amparo Law, it is appropriate to grant the amparo and federal protection requested by the complainant, for the purpose that the responsible authorities Head of the National Customs Agency of Mexico and the General Legal Director of Customs both of the Secretariat of Finance and Public Credit, within the scope of their respective competencies, carry out the following:

-

Issue the call to obtain the customs agent patent referred to in article 159 of the Customs Law.

...

RESOLVES:

SOLE. The Union Justice grants amparo and protection to Lucio Horacio Loaiza Sánchez, by his own right, regarding the act attributed to the authorities specified in the first recital of this sentence, for the reasons and for the effects specified in the fifth and sixth considerations, respectively. "

...

Second. - That considering that the aforementioned sentence was confirmed by final judgment of March 2, 2023, in the Amparo Review Trial R.A. 14/2023, by the Sixth Collegiate Tribunal on Administrative Matters of the First Circuit, according to the following resolutions:

...

" FIRST. The appealed sentence is CONFIRMED.

SECOND. The Union Justice GRANTS AMPARO AND PROTECTION to Lucio Horacio Loaiza Sánchez, against the omission to issue the call to obtain the customs agent patent claimed from the Head of the National Customs Agency of Mexico and the General Legal Director of Customs, both of the Secretariat of Finance and Public Credit. "

...

Third. - That the Political Constitution of the United Mexican States in article 1, establishes that all persons shall enjoy the human rights recognized in the Constitution and in the international treaties to which the Mexican State is a party, as well as the guarantees for their protection. In the same way, it indicates that all authorities within the scope of their competencies, have the obligation to promote, respect, protect and guarantee human rights in accordance with the principles of universality, interdependence, indivisibility and progressivity. Consequently, the State must prevent, investigate, sanction and repair human rights violations, in the terms established by law.

Fourth. - That article 107, section II, first paragraph of the Federal Constitution, establishes that the sentences issued in amparo trials shall only deal with the complainants who have requested them, limiting themselves to granting them amparo and protecting them, if applicable, in the special case on which the demand is based.

Fifth. - That article 73 of the Amparo Law, provides that the sentences issued in amparo trials shall only deal with the private individuals who have requested them, limiting themselves to granting them amparo and protecting them, if applicable, in the special case on which the demand is based.

Sixth. - That in accordance with the provisions of article 107, section II, of the Political Constitution of the United Mexican States, it is established that the sentences issued in amparo trials shall only deal with the complainants who have requested them, a principle that regulates article 73 of the Amparo Law and is known in the legal field as relativity of amparo sentences, also called "Otero Formula", which limits the effect of the protective sentence only to the complainant, which means that whoever is not granted amparo cannot benefit from the appreciation that the judge sustained in the corresponding sentence regarding the unconstitutionality of the claimed act, if they did not have the status of complainant.

Seventh. - Derived from the above, by virtue of the fact that the aforementioned sentence only granted amparo in favor of the complainant Lucio Horacio Loaiza Sánchez, who was part of the litigation, the authority must strictly adhere to the principle of relativity of sentences, consisting essentially in that, those issued in amparo trials, shall only deal with the individuals who have requested them. The above, in accordance with the provisions of articles 107, section II of the Political Constitution of the United Mexican States and 73 of the Amparo Law, previously referred to, as well as the criteria sustained by the Judiciary of the Federation cited above.

Eighth. - That article 77 section I of the Amparo Law, establishes that when the claimed act is of a negative nature or implies an omission, the effects of the granting of amparo shall consist of obliging the responsible authority to respect the right in question and to comply with what it requires. Likewise, it indicates that in the last consideration of the sentence that grants amparo, the judge must determine precisely the effects thereof, specifying the measures that the authorities or individuals must adopt to ensure its strict compliance and the restitution of the complainant in the enjoyment of the right.

Ninth. - That article 192 of the Amparo Law, refers that amparo final judgments must be punctually complied with.

Tenth. - That article 197 of the Amparo Law, establishes that all authorities that have or must have intervention in the compliance of the sentence, are obliged to carry out, within the scope of their competence, the necessary acts for its effective compliance and will be subject to the same responsibilities referred to in the aforementioned legal order.

Eleventh. - That article 159 of the current Customs Law, defines the customs agent as the individual authorized by the Secretariat, through a patent, to promote on behalf of others the clearance of goods, in the different customs regimes provided for in this Law. Likewise, it establishes that, to obtain the customs agent patent, interested parties must comply with the guidelines indicated in the Call that is published for that purpose in the Official Gazette of the Federation and the requirements established in the aforementioned article.

In view of the above, the following is issued:

CALL

Citizen Lucio Horacio Loaiza Sánchez is called to participate in the selection process to aspire to obtain a customs agent patent, once all the requirements provided for in article 159 of the current Customs Law are met, which are reproduced in this call, as well as the approval of the requirements, conditions, stages and phases established therein, according to the following:

Rules:

First. - GENERAL PROVISIONS.

1.

In this Call, the aspiring person will not be discriminated against for reasons of sex, age, disability, ethnic origin, social condition, sexual orientation or preference, religion, marital status or any other circumstance or condition that generates impairment in the exercise of their human rights.

2.

The personal data provided by the aspiring person will be duly protected in terms of the applicable legislation in the matter.

3.

During the development of the Call and until its conclusion, the aspiring person must fully comply with what is established therein. If not, the results obtained up to that moment will be null and the application will be considered inadmissible. The above will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs.

4.

What is established in this Call, under no circumstances may be modified during the development of the phases and stages provided for therein, so that, from the moment of their participation, the participating person accepts its content, as well as the applicable regulations.

5.

It is the responsibility of the aspiring person to attend to the personal notifications relative to this Call, which are made at the domicile indicated for such effect at the time of their registration.

6.

The validity of this Call will comprise from its publication date, until the conclusion of the process.

Second. - REQUIREMENTS.

The aspiring person must present during the terms established in this Call, a free-form letter with autograph signature, addressed to the Head of the National Customs Agency of Mexico, in which they state:

• Full name.

• RFC and CURP.

• Assigned Customs Office where they wish to operate.

• Domicile to hear and receive notifications.

• Email address.

• Fixed, mobile or conventional telephone.

To the free-form letter, the aspiring person must attach a Curriculum vitae with recent photograph and autograph signature.

Likewise, based on article 159 of the Customs Law and 51, section I of the Federal Duties Law, the aspiring person must attach to their free-form letter, the documentation required below, in order to carry out the document comparison and verification of compliance with requirements, as well as the proof of payment of Duties for concept of exam for customs agent aspirant, in the following terms:

I.

Be Mexican by birth in full exercise of their rights.

The aspiring person must present a certified copy of the birth certificate issued by the corresponding Civil Registry with a validity not exceeding three months.

In the event that the birth certificate was issued by a Mexican Embassy or Consulate abroad; the aspiring person must present a certified copy of the same; and in the case of having been issued in a language other than Spanish, the corresponding translation and apostille must be attached.

The above, without prejudice to the information that the National Customs Agency of Mexico may request from the competent authorities, in order to corroborate the veracity of what is stated by the aspiring person.

II.

Not having been convicted by final judgment for an intentional crime and in the case of having been a customs agent or attorney, their patent has not been cancelled or extinguished.

The aspiring person must present a letter under oath with date on the day of its presentation, by which they state: not having been convicted by final judgment for an intentional crime.

The above, without prejudice to the information that the National Customs Agency of Mexico may request from the competent authorities, in order to corroborate the veracity of what is stated by the aspiring person.

III.

Not be a public servant, except in the case of popularly elected positions, nor be military on active service.

The aspiring person must present a letter under oath with date on the day of its presentation, by which they state: not be a public servant, except in the case of popularly elected positions, nor be military on active service.

The above, without prejudice to the information that the National Customs Agency of Mexico may request from the competent authorities, in order to corroborate the veracity of what is stated by the aspiring person.

IV.

Not have kinship by consanguinity in a straight line without limitation of degree and collateral up to the fourth degree, nor by affinity, with the administrator of the assigned customs office of the patent.

The aspiring person must present a letter under oath with date on the day of its presentation, by which they state not having kinship by consanguinity in a straight line without limitation of degree and collateral up to the fourth degree, nor by affinity, with the administrator of the assigned customs office of the patent.

The above, without prejudice to the information that the National Customs Agency of Mexico may request from the competent authorities in order to corroborate the veracity of what is stated by the aspiring person.

V.

Have a professional title or its equivalent in the terms of the law of the matter.

The aspiring person must present a certified copy of the Professional Title, duly registered before the General Directorate of Professions of the Secretariat of Public Education.

In the event of having a Professional Title issued abroad, the aspiring person must present a certified copy of the study revalidation office issued by the General Directorate of Accreditation, Incorporation and Revalidation of the Secretariat of Public Education.

Under no circumstances will a Professional Title issued abroad be accepted, without its corresponding study revalidation in Mexico, so certificates or requests for study revalidation in process will not be valid.

The above, without prejudice to the information that the Customs Agency may request from the competent authorities, in order to corroborate the veracity of what is stated by the aspiring person.

For this effect, based on article 233 of the Regulations of the Customs Law, it will be understood that the requirement of having a professional title or its equivalent is not satisfied, when it has been presented for the obtaining of the patent and has resulted false or non-existent.

VI.

Have experience in customs matters, greater than five years.

The aspiring person must present a document in original or certified copy with date updated to the day of its presentation, with which they reliably accredit having experience in customs matters superior to 5 years.

Only a certificate issued by a company that continuously carries out customs and foreign trade operations will be accepted, with which the aspirant accredits having occupied operational positions related to said activities.

The referred certificate must be signed by a manager, director or person with an analogous position, containing the functions performed, the time they worked for the company, and the location data of the person who signs it, such as telephone number and email address.

The above, without prejudice to the information that the National Customs Agency of Mexico may request from the competent authorities and/or corresponding companies, in order to corroborate the veracity of what is stated by the aspiring person.

VII.

Be registered in the federal taxpayer registry, and demonstrate being up to date in the compliance of their tax obligations.

The aspiring person must present a positive opinion certificate of compliance with tax obligations valid on the day of its presentation, in terms of article 32-D of the current Federal Fiscal Code.

The above, without prejudice to the information that the National Customs Agency of Mexico may request from the competent authorities in order to corroborate the veracity of what is stated by the aspiring person.

VIII.

Pass the knowledge exam practiced by the customs authority and a psychotechnical exam.

The aspiring person must present and pass with a minimum of 85 out of 100 points, the knowledge exam practiced by the customs authority, in order to be in a position to take the psychotechnical exam in its first stage, which will consist of a reliability exam.

In view of the above, the aspiring person must obtain an approved/viable result in the first stage of the psychotechnical exam, which will consist of a reliability exam, to be in a position to take the second stage of the psychotechnical exam, which will consist of a psychological exam.

Inexcusably, the aspiring person must accredit all the evaluations referred to in this section, in order to proceed with the continuity of the process.

Third. - PHASES AND STAGES OF THE CALL.

This Call will be developed in the following phases and stages:

A.

FIRST PHASE.

I.

First stage: Publication of the Call.

This Call will be published in the Official Gazette of the Federation.

II.

Second stage: Registration and enrollment of the aspiring person.

1.

Registration and enrollment will begin on the next business day of the publication of the Call and will conclude inexcusably five business days later, without any extension.

2.

For the registration and enrollment process, the aspiring person must constitute themselves with the totality of documents that prove compliance with requirements established in this Call, at the facilities occupied by the General Legal Directorate of Customs of the National Customs Agency of Mexico, located at Avenida Paseo de la Reforma number 10, Floor 22, Tabacalera Neighborhood, Postal Code 06030, Cuauhtémoc Borough, Mexico City, in a service hours from Monday to Thursday from 9:00 to 18:00 hours and Friday from 9:00 to 15:00 hours.

III.

Third stage: Document Review.

1.

It is the responsibility of the aspiring person to provide with veracity, authenticity and precision their personal data, as well as the requirements requested in this Call.

2.

All information provided by the aspiring person will be verified in detail within a period of twenty business days after receipt of documents.

3.

If the existence or authenticity of the documentation presented by the aspiring person is not accredited at the time of document review, or if it is not exhibited for comparison on the date, time and place indicated, the aspiring person will be notified by official letter issued by the General Legal Directorate of Customs, the reason for inadmissibility, leaving the application without effect and proceeding to the return of documents.

4.

In case the application results admissible, the aspiring person will be notified by official letter issued by the General Legal Directorate of Customs, and will be called to take the knowledge exam as part of the second phase of this Call.

B.

SECOND PHASE

I.

First stage: Application of the knowledge exam.

1.

The application of the knowledge exam will be practiced on a single occasion and will be in charge of the General Legal Directorate of Customs, at the headquarters, date and time that the customs authority determines. The above will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs.

2.

Inexcusably the knowledge exam may not be taken at a different headquarters, date and time than established, nor will attendance excuses of any kind be accepted.

3.

To have the right to take the exam, the aspiring person must attend punctually at the headquarters, date and time established, presenting the proof of payment of Duties for concept of exam for customs agent aspirant, and accredit their identity with one of the following documents: valid voter credential; professional credential with photograph or valid passport.

4.

The knowledge exam will be composed of five modules, which will value the following:

a)

General knowledge of Customs Law and Foreign Trade.

b)

General and Complementary Rules of the Law of General Import and Export Taxes.

c)

Tariff Classification.

d)

Analysis of customs entry and its annexes.

e)

Practical case of Foreign Trade operations.

5.

Each of the five modules will have a value of 20 points giving a total of 100 points. The final grade of the knowledge exam will be calculated evaluating individually the five modules indicated, and adding the results obtained in each one, so that, to obtain an approving result, the aspiring person must obtain a minimum grade of 85 out of 100 points.

6.

In case of not passing the knowledge exam with the requested score, or of not having taken it, this will be considered not accredited, proceeding to conclude the application and to the return of the documentation exhibited by the aspirant. The above will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs, within a period not greater than 5 business days.

II.

Second stage: Application of psychotechnical exam in its first stage: (reliability).

1.

In case of obtaining a score of 85 out of 100 points in the knowledge exam, the aspiring person will be cited for the application of the reliability evaluation corresponding to the first stage of the psychotechnical exam, which will be in charge of the General Directorate of Evaluation. The above will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs.

2.

To have the right to take the exam, the aspiring person must attend punctually at the headquarters, date and time established and accredit their identity with one of the following documents: valid voter credential; professional credential with photograph or valid passport.

3.

Inexcusably the psychotechnical exam in its first stage may not be taken at a different headquarters, date and time than established by the customs authority, nor will attendance excuses of any kind be accepted.

4.

It is the responsibility of the aspiring person to present themselves on the date and time indicated to take the psychotechnical exam in its first stage.

5.

In case of not passing 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 return the documentation exhibited by the aspiring person. The above will be made known to the aspiring person 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 a result: passing and/or 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 established venue, date and time and prove their identity with one of the following documents: valid voter credential; professional license with photograph or valid passport.

4.

Under no excuse may the psychotechnical exam in its second stage be taken at a venue, date or time different from that established by the customs authority, nor will excuses for absence of any kind be accepted.

5.

In case of not passing 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 return the documentation exhibited by the aspiring person. The above will be made known to the aspiring person 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.

Unique 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, the granting of the customs agent patent will proceed, prior payment of Rights, for concept of issuance of customs agent patent, in terms of Article 51 section II of the current Federal Rights Law.

It should 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 strictly complied 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 definitive, non-appealable 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 any irregularity that the aspiring person presents during its development, will bring as a consequence the cancellation of their request. The above will be made known to the aspiring person 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, March 17, 2023. - Head of the National Customs Agency of Mexico, Rafael Fernando Marín Mollinedo. - Signature.

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