RULE 1.10.3: PROCEDURE FOR SUSPENSION AUTHORIZATION TO TRANSMIT CUSTOMS DECLARATION (PEDIMENTO) THROUGH THE CUSTOMS ELECTRONIC SYSTEM (SEA)

For the purposes of article 237 (RLA: Art. 237) of the Regulation, the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) will have a period of 2 years from when it becomes aware of the facts or omissions that generate the cause of suspension referred to in rule 1.10.2, section I (RGCE 2020: Regla 1.10.2), to notify the importer or exporter of the initiation of the suspension procedure, in which it will order and execute the provisional suspension of the authorization for the time that the cause that motivated it subsists.

Once the initiation of the suspension procedure has been notified, the interested party may, at any time, disprove the cause of suspension or prove that it no longer subsists, exhibiting for such purposes before the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas), the documentary evidence that it deems appropriate and stating in writing what that in its right suits.

The Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) will resolve the procedure within a period of 30 days after the presentation of the indicated evidence and writings. If the evidence or documents provided distort the cause that gave rise to the suspension, the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) will immediately activate the suspended authorization number, regardless of whether the corresponding final resolution is issued within the aforementioned period.

In the case of causes of suspension other than those indicated in rule 1.10.2, section I (RGCE 2020: Regla 1.10.2), the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) will have a period of 2 years from when it becomes aware of the facts or omissions that generate the cause of suspension to start the procedure. In the agreement in which the procedure begins, it will order and execute the provisional suspension of the authorization that will last until its conclusion, and will notify the importer or exporter of the facts or omissions, granting them a period of 10 days, counted from the day following the one that the notification takes effect, so that it manifests what is appropriate to its right and offers the corresponding evidence.

When the interested party presents documentary evidence that disproves the causes that gave rise to the suspension, the authority that initiated the suspension procedure will immediately activate the authorization number and issue a final resolution within 30 days, counted from the next day to which the term of the interested party to offer the evidence has expired.

When the interested party does not present the evidence or it does not detract from the assumptions for which the authorization was suspended, the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) must issue a final resolution within a period of 30 days, counted from the day after the date of the interested party to offer evidence and allege what their right suits.

In the final resolution, the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) will indicate the term of the suspension, which will be calculated from the moment the authorization number was provisionally suspended.

When the authorization number is suspended, the affected party may not start new operations, but only conclude those that have been validated and paid for on the date on which he is notified of the start of the suspension procedure.

To carry out the revocation of the authorization for the causes provided in the authorization itself, the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) will apply the procedure provided for the causes of suspension other than those indicated in rule 1.10.2, section I (RGCE 2020: Regla 1.10.2).

Regulation 237 (RLA: Art. 237), General Rules of Foreign Trade (Reglas General del Comercio Exterior) 1.10.2. (RGCE 2020: Regla 1.10.2)