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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 159: CONCEPT OF CUSTOMS AGENT AND REQUIREMENTS TO OBTAIN THE PATENT

     

    Customs agent is the individual authorized by the Service Tax Administration (Servicio de Administración Tributaria), through a patent, to promote the clearance of merchandise by others (LA: Art. 35), in different customs regimes provided for in this Law. (LA: Art. 90) (RGCE 2022: Regla 7.1.5) (RGCE 2022: Regla 7.2.1) (RGCE 2022: Regla 7.2.2) (RGCE 2022: Regla 7.2.3) (RGCE 2022: Regla 7.2.4)

    To obtain the customs agent patent, the interested parties must comply with the guidelines indicated in the announcement that is published in the Official Journal of the Federation (Diario Oficial de la Federación) (RLA: Art. 212), as well as with the following requirements:

  • Being Mexican by birth in full exercise of their rights.

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  • Not having been convicted by a sentence executed for a criminal offense and in the case of having been a customs agent or representative, their patent has not been canceled or terminated.

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  • Repealed.

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  • Not to be a public servant, except in the case of popular election positions, nor active duty military.

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  • Having no relationship by consanguinity in a straight line without limitation of degree and collateral until the fourth degree, nor by affinity, with the administrator of the customs of patent assignment. (LA: Art. 160)

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  • Have a professional degree or its equivalent (RLA: Art. 233) in the terms of the law of matter.

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  • Have experience in customs matters, more than five years.

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  • Be registered in the federal taxpayer registration and prove to be up to date in compliance with their tax obligations. (RLA: Art. 215)

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  • Pass the knowledge test practiced by the customs authority and a psychotechnical exam. (RLA: Art. 216) (LFD: Art. 51)

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    Covered the requirements, the Ministry will grant the patent (RLA: Art. 214) (LFD: Art. 51) to the interested party within a period not exceeding four months. The patent is personal and non-transferable. (LA: Art. 165)