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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 61: ASSUMPTIONS OF LINKAGE BETWEEN PRODUCERS AND EXPORTERS OR IMPORTERS

     

    To determine whether producers are linked to exporters or importers, the Ministry (RLCE: Art. 1) will use the criteria generally accepted by the national legislation and international standards. For these purposes, the Ministry will consider the following assumptions:

  • If one of them occupies management or responsibility positions from one company of the other;

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  • If they are legally recognized as associated in business;

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  • If they have a boss-worker relationship;

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  • If a person has directly or indirectly ownership, control or possession of five percent or more of the shares, social shares, contributions or securities in circulation and entitled to vote in both;

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  • If one of them directly or indirectly controls the other;

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  • If both people are directly or indirectly controlled by a third person;

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  • If together they directly or indirectly control a third person, or

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  • If they are from the same family.

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    The foregoing shall always be provided that there are reasons to presume that the effect of linking is of such a nature that it motivates the producer to consider a behavior different from that of unrelated producers. A person shall be deemed to control another when the former is legally or operationally in a position to limit or direct the latter.