RULE 1.4.11: AUTHORIZATION TO MODIFY THE DESIGNATION, RATIFICATION AND PUBLICATION OF A CUSTOMS AGENT´S PATENT BY SUBSTITUTION
In terms of the fourth transitory article of the "Decree by which they are amended, added and repealed various provisions of the Customs Law (Ley Aduanera)", published in the Official Journal of the Federation (Diario Oficial de la Federación) on December 9, 2013 --234-Trans. 13--, and the provisions of the Resolutions, Fifth of the Third Resolution of Modifications to the General Rules on Foreign Trade Matters for 2013, published in the Official Journal of the Federation (Diario Oficial de la Federación) on December 9, 2013 and its subsequent modifications, Fourteenth of the General Rules on Foreign Trade Matters for 2014, published in the Official Journal of the Federation (Diario Oficial de la Federación) on August 29, 2014, Twelfth of the General Rules of Foreign Trade (Reglas General del Comercio Exterior) for 2015, published in the Official Journal of the Federation (Diario Oficial de la Federación) on April 7, 2015 and its subsequent modifications, Twelfth of the General Rules of Foreign Trade (Reglas General del Comercio Exterior) for 2016, published in the Official Journal of the Federation (Diario Oficial de la Federación) on January 27, 2016 and its subsequent modifications and Eleventh of the General Rules of Foreign Trade (Reglas General del Comercio Exterior) for 2017, published in the Official Journal of the Federation (Diario Oficial de la Federación) on January 27, 2017 and its subsequent modifications; Customs agents who obtained their customs agent patent pursuant to Title Seven, Section One of the Customs Law (Ley Aduanera) in force until December 9, 2013, that they had ratified their voluntary retirement in time and the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) has issued and notified them of the "Voluntary withdrawal agreement" will be able to obtain the "Agreement for the granting of a customs agent's patent by substitution", no later than June 21, 2021, in accordance with the following:
I. Once the voluntary withdrawal of the customs agent has been notified, the aspiring customs agent by substitution designated by the retiring customs agent will have a period of 20 days to request by means of free writing, complying with procedure file 19 / LA (Customs Law) of Annex 1-A --356-Anexo 1A--, the issuance of the patent, through the "Agreement for the granting of a customs agent's patent by substitution", which the Central Administration of Customs Legal Support (Administración Central de Apoyo Jurídico de Aduanas) must issue and notify personally to the customs agent who obtains its patent by substitution.
The "Agreement for the granting of a customs agent's patent by substitution" will allow the replacing customs agent to act in the assigned customs and additional customs that the substituted customs agent had authorized.
In the writing referred to in this section, it may also request the authorization of its mandataries, who must comply with the provisions of rule 1.4.2. --307-Regla 1.4.2--
In the event that the substitution customs agent does not present the document referred to in this section, the procedure will be considered concluded, therefore the patent of the customs agent who withdrew will be terminated.
II. Once the "Agreement for the granting of a customs agent's patent by substitution" has been notified, the customs agent to whom the substitution patent is granted must request, within a period of no more than 20 days, counted from the notification thereof, the publication of the Agreement in the Official Journal of the Federation (Diario Oficial de la Federación), in accordance with procedure file 20 / LA (Customs Law) of Annex 1-A --356-Anexo 1A--.
When the customs agent by substitution does not present the document referred to in this section, the procedure will be considered concluded, so it will be without effect and the customs agent's patent will be canceled.
In the event that the interested party has submitted in due time and form the documentation required for publication in the Official Journal of the Federation (Diario Oficial de la Federación) and in said dissemination body the respective publication has not been made, the dispatch of merchandise to the customs agent who will be replaced will be allowed to continue, until the aforementioned Agreement is published, in this case, even when the "Agreement for the granting of a Customs Agent´s Patent by Substitution" is not published in the Official Journal of the Federation (Diario Oficial de la Federación), the interested party may initiate local registration procedures, officialization of badges, conferred order and the others that are required to be carried out before the authority to start operations or established by the Service Tax Administration (Servicio de Administración Tributaria) through rules.
The office with which the customs agent is informed that the applicant for a substitute customs agent has met the requirements to be recognized as an applicant and the granting of the patent for a substitute customs agent, will cease to have legal effects when the customs agent being replaced, is indistinctly subject to procedures of suspension, cancellation or extinction of its patent, or else, the patent has been canceled or extinguished, therefore, it will not proceed to grant the customs agent patent by substitution.
Law 160 --230-Art. 160--, 163-A (effective until December 9, 2013), 164 --230-Art. 164--, 165 --230-Art. 165--, 166 --230-Art. 166--, Federal Rights Law (LFD) 19-A --496-Art. 19A--, 51-II --508-Art. 51--, General Rules of Foreign Trade (RGCE) 1.1.4. --303-Regla 1.1.4--, 1.2.2. --305-Regla 1.2.2--, 1.4.2. --307-Regla 1.4.2--, Annex 1-A --356-Anexo 1A--, Miscellaneous Fiscal Resolution (RMF) Annex 19