Notice directed to citizen Dolores Irene Silva Pérez to obtain a customs agent patent — SHCP — MX

Official Gazette of the Federation: 26/06/2023

NOTICE directed to citizen Dolores Irene Silva Pérez to obtain a customs agent patent

At the margin a seal with the National Shield, which says: United Mexican States.- TREASURY.- Secretariat of Finance and Public Credit.- National Customs Agency of Mexico.

NOTICE DIRECTED TO CITIZEN DOLORES IRENE SILVA PÉREZ

TO OBTAIN A

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 Amparo Trial 949/2022, by the Honorable Seventh District Judge 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 Regulations of the Secretariat 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 Regulations of the Customs Law, 1, 4 first paragraph, section A, 9, 11 sections I, III, XIII, XVII subsection a) and XX; and eighth transitory article of the Internal Regulations of the National Customs Agency of Mexico, and:

Considerando

First. - That in strict compliance with the judgment issued on December 28, 2022, in Amparo Trial 949/2022, by the Honorable Seventh District Judge in Administrative Matters in Mexico City, which literally resolved:

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SIXTH.

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In conclusion, the non-compliance with the obligation expressly established in the law, consisting of publishing in the Official Gazette of the Federation a notice to obtain the customs agent patent, translates into an obstacle to the effective exercise of the principle of legality and the right to work.

Consequently, given the violation incurred by the responsible authorities and in order to restore the complainant to the enjoyment of the human right she considers impaired, amparo and protection of the Federal Justice is granted for the purpose that the responsible authorities General Legal Director of Customs and Head of the National Customs Agency of Mexico, within the scope of their respective competence, issue the notice to obtain the customs agent patent referred to in article 159 of the Customs Law.

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For the foregoing, founded and supported also on articles 61, 62, 63, 73, 74, 76, 124 and 217 of the Amparo Law, it is:

R E S O L V E D:

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SECOND. The justice of the union grants amparo and protects Dolores Irene Silva Pérez, against the authorities and acts specified in the second consideration, for the reasons and for the effects exposed in the diverse last. "

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Second. - That attending to the fact that the aforementioned judgment was confirmed by final judgment dated April 20, 2023, corresponding to R.A. 47/2023, by the Twelfth Collegiate Tribunal in Administrative Matters of the First Circuit, according to the following resolutions:

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" FIRST. In the matter of review, the appealed judgment is CONFIRMED.

SECOND. The Justice of the Union grants amparo and protects Dolores Irene Silva Pérez, against the authorities and acts specified in the second consideration, for the reasons and for the effects exposed in the diverse last of the appealed ruling. "

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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 competences, 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 judgments 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 judgments 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 judgments 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 the relativity of amparo judgments, also called "Otero Formula", which limits the effect of the protective judgment only to the complainant, which means that those who are not granted amparo cannot benefit from the appreciation that the judge sustained in the corresponding judgment 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 judgment in question only granted amparo in favor of the complainant Dolores Irene Silva Pérez, who was part of the litigation, the authority must strictly adhere to the principle of relativity of judgments, consisting essentially in that, those issued in amparo trials, shall only deal with the individuals who have requested them. The foregoing, 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 Judicial Power 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 judgment granting 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 judgment, are obliged to perform, 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 Customs Law in force, 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 Notice that for such effect is published in the Official Gazette of the Federation and the requirements established in the aforementioned article.

In reason of the foregoing, the following is issued:

NOTICE

Citizen Dolores Irene Silva Pérez is called to participate in the selection process to aspire to obtain a customs agent patent, once complied with all the requirements provided for in article 159 of the Customs Law in force, which are reproduced in this notice, as well as the approval of the requirements, conditions, stages and phases established therein, according to the following:

Bases:

First. - GENERAL PROVISIONS.

In this Notice 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.
The personal data provided by the aspiring person will be duly protected in terms of the applicable legislation in the matter.
During the development of the Notice 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 foregoing will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs.
What is established in this Notice, under no circumstance may be modified during the development of the phases and stages provided for therein, so that, from the moment of their participation, the aspiring person accepts its content, as well as the applicable regulations.
It is the responsibility of the aspiring person to attend to the personal notifications relative to this Notice, which are made at the domicile they indicate for such effect at the time of their registration.
The validity of this Notice will comprise from its publication date, until the conclusion of the process.

Second. - REQUIREMENTS.

The aspiring person must present during the deadlines established in this Notice, a free written document with autograph signature, addressed to the Head of the National Customs Agency of Mexico, in which they state:

Full name.
RFC and CURP.
Customs office of assignment where they wish to operate.
Domicile to hear and receive notifications.
Email.
Fixed, mobile or conventional telephone.

To the free written document, the aspiring person must attach 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 written document, the documentation that is required below, in order to carry out the documentary comparison and verification of compliance with requirements, as well as the payment receipt of Duties for concept of exam for aspiring customs agent, 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 some Mexican Embassy or Consulate abroad; the aspiring person must present a certified copy of the same; and for the case of having been issued in a language other than Spanish, the corresponding translation and apostille must be attached.

The foregoing, 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 canceled or extinguished.

The aspiring person must present a letter under protest of telling the truth dated on the day of its presentation, through which they state: not having been convicted by final judgment for an intentional crime.

III. Not being a public servant, except in the case of popularly elected positions, nor active duty military.

The aspiring person must present a letter under protest of telling the truth dated on the day of its presentation, through which they state: not being a public servant, except in the case of popularly elected positions, nor active duty military.

IV. 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 head of the customs office of assignment of the patent.

The aspiring person must present a letter under protest of telling the truth dated on the day of its presentation, through 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 customs office of assignment of the patent.

The foregoing, 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 official letter of revalidation of studies issued by the General Directorate of Accreditation, Incorporation and Revalidation of the Secretariat of Public Education.

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

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

For such 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 had been presented for the obtaining of the patent and had 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 some 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, that contains 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.

The foregoing, 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 registry of taxpayers, and demonstrate being up to date in the compliance of their tax obligations.

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

VIII. Pass the knowledge exam that the customs authority practices and a psychotechnical exam.

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

In reason of the foregoing, 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 possibility of sustaining the second stage of the psychotechnical exam, which will consist of a psychological exam.

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

Third. - PHASES AND STAGES OF THE NOTICE.

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

A. FIRST PHASE.

I. First stage: Publication of the Notice.

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

II. Second stage: Registration and inscription of the aspiring person.

Registration and inscription will begin on the business day following the publication of the Notice and will conclude inexcusably five business days later, without any extension.
For the registration and inscription process, the aspiring person must constitute themselves with the totality of documents that prove compliance with requirements established in this Notice, 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 Colony, 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.

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 Notice.
All information provided by the aspiring person will be verified in detail within a period of twenty business days following the receipt of documents.
If the existence or authenticity of the documentation presented by the aspiring person at the time of document review is not accredited, or if 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.
In case the application results admissible, the aspiring person will be notified through an official letter issued by the General Legal Directorate of Customs, and will be called to sustain the knowledge exam as part of the second phase of this Notice.

B. SECOND PHASE

I. First stage: Application of the knowledge exam.

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 foregoing will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs.
Inexcusably the knowledge exam may not be sustained at headquarters, date and time different from the established one, nor will attendance justifications of any kind be accepted.
To have the right to sustain the exam, the aspiring person must attend punctually at the headquarters, date and time established, presenting the payment receipt of Duties for concept of exam for aspiring customs agent, and accredit their identity with one of the following documents: valid voter credential; professional license with photograph or valid passport.
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 declaration and its annexes.

e) Practical case of Foreign Trade operations.

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.
In case of not passing the knowledge exam with the requested score, or of not having sustained it, this will be considered not accredited, proceeding to conclude the application and to the return of the documentation exhibited by the aspirant. The foregoing 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).

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 foregoing will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs.
To have the right to sustain 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 license with photograph or valid passport.
Inexcusably the psychotechnical exam in its first stage may not be sustained at headquarters, date and time different from the one established by the customs authority, nor will attendance justifications of any kind be accepted.
It is the responsibility of the aspiring person to present themselves on the date and time indicated to sustain the psychotechnical exam in its first stage.
In case of not passing the psychotechnical exam in its first stage, or of not having sustained,

this will be considered not accredited, proceeding to conclude the request and the return of the documentation exhibited by the aspiring person. The foregoing will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs, within a period no longer than 5 business days.

III.

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

In case the aspiring person obtains result: passing and/or viable, in the psychotechnical exam first stage, seat, 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 foregoing will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs.

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.

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

Unexcusably the psychotechnical exam in its second stage may not be taken at a seat, date or time different from that established by the customs authority, nor will justification for absence of any kind be accepted.

In case of not passing the psychotechnical exam in its second stage, or of not having taken it, this will be considered not accredited, proceeding to conclude the request and the return of the documentation exhibited by the aspiring person. The foregoing will be made known to the aspiring person through an official letter issued by the General Legal Directorate of Customs, within a period no longer than 5 business days.

THIRD PHASE .

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, 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 longer 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 is 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, 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 any irregularity that the aspiring person presents during the development of the same, will bring as a consequence the cancellation of their request. The foregoing 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, May 23, 2023. - Head of the National Customs Agency of Mexico , Rafael Fernando Marín Mollinedo .- Signature.

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