RULE 1.9.8: TRANSMISSION OF INFORMATION FROM MARITIME TRANSPORTATION COMPANIES

For the purposes of the provisions of articles 20, sections III and VII (LA: Art. 20), 36 (LA: Art. 36) of the Law and 18 (RLA: Art. 18), 19 (RLA: Art. 19), 20 (RLA: Art. 20) and 40 (RLA: Art. 40) of the Regulation, the following will apply:

Maritime transport companies must provide the information regarding the merchandise they transport consigned in the cargo manifest, by means of the electronic transmission of data to the system of the association or union chamber to which their general shipping agents or ship consignees belong or through the people who have the authorization referred to in rule 1.8.1. (RGCE 2020: Regla 1.8.1), without the need to present the cargo manifest to customs, for which they may choose to provide the information in Spanish or English. The remuneration for the provision of these services will be established between the parties.

In the case of importation, the information referred to in the preceding paragraph must be transmitted to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral) 24 hours before the loading of the merchandise on the vessel. In the case of vessels that arrive in ballast, a notice must be transmitted stating such circumstance.

In the case of ships that exclusively transport merchandise in bulk, in accordance with the provisions of rule 3.1.21, section II, subsection d) (RGCE 2020: Regla 3.1.21); merchandise not transported in containers of companies in the automotive terminal or manufacturing of motor vehicles; merchandise such as sheets, wire, tubes or steel bars, regardless of whether they have a serial number, provided that it is uniform and homogeneous cargo, they are interchangeable products and that it is loose cargo that is not presented in recipients or containers such as boxes, bags, sacks and barrels; merchandise transported in roll-on/roll-off ships or empty containers; the information must be transmitted 24 hours before the arrival of the ship to national territory.

In the case of exports, the information referred to in the second paragraph of this rule must be transmitted to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral) within a period of 24 hours before the vessel departs.

The information that appears in the cargo manifests must be transmitted through the Customs Electronic System (Sistema Electrónico Aduanero) with the following information:

I. Name of the ship, code of the country of the flag of the vessel and voyage number.

II. Distinctive call sign.

III. The Carrier Harmonized Alphanumeric Code (Código Alfanumérico Armonizado del Transportista) in accordance with the provisions of rule 2.4.4. (RGCE 2020: Regla 2.4.5), of the maritime transport company and the general shipping or shipping consignee agent of vessels.

IV. Total number of bills of lading covered by the cargo manifest.

V. Numbers of bills of lading (master) that covers the cargo manifest.

VI. As appropriate:

a) Country code and port of origin.

b) Country code and port of loading in the case of import and unloading in case of export.

c) Country code and transshipment port.

d) Country code and destination port.

VII. In the case of imports, the name, Federal Taxpayer Registration (Registro Federal de Contribuyentes) or tax identification record used for the payment of taxes, full address and telephone number of the consignee of the merchandise, except in the case of bills of lading consigned to the order.

Name, Federal Taxpayer Registration (Registro Federal de Contribuyentes) or tax identification record used for the payment of taxes and full address of the shipper of the merchandise, as well as of the person to whom the arrival must be notified, as declared in the bill of lading.

In the case of exports, the name, Federal Taxpayer Registration (Registro Federal de Contribuyentes) or tax identification record used to pay taxes, full address, and telephone number of the shipper of the merchandise.

As well as the name, Federal Taxpayer Registration (Registro Federal de Contribuyentes) or tax identification record used for the payment of taxes and full address of the consignee of the merchandise and of the person to whom the arrival should be notified, as it is declared in the bill of lading.

In the case of merchandise for import corresponding to household goods or carried out by diplomatic missions, consular or international organizations, or in the case of foreigners, the generic Federal Taxpayer Registration (Registro Federal de Contribuyentes) EMB930401KH4, OIN9304013N0 or EXTR920901TS4 may be declared, as appropriate.

In the case of those shippers, consignees, or parties to notify who reside in countries where there is no tax identification record, said information will not be declared.

VIII. Quantity of merchandise and unit of measure of the merchandise. If the merchandise is transported in containers, the quantity and unit of measure must also be specified for each container.

IX. Gross weight or volume of the merchandise. If the merchandise is transported in containers, the gross weight or volume must also be specified for each container.

X. Description of the merchandise, generic descriptions are not accepted that allow to identify the nature of the merchandise such as: "general cargo", "dry cargo", "chemicals", "perishable food", "bulk merchandise", "mineral bulk", otherwise the transmission carried out will be considered incorrect.

XI. Number, quantity, and dimensions of the containers.

XII. Stamp number (s) of each container.

XIII. Type of contracted service.

XIV. In the case of dangerous merchandise, indicate their class, division, and United Nations number, as well as a telephone number for emergencies.

XV. Fiscal or controlled premise where merchandise enter upon shipment or disembarkation.

XVI. Estimated date of departure or arrival of the ship.

In the case of imports, the data that may have been transmitted electronically may be rectified as many times as necessary, even before the importer, through their customs agent, customs representative, accredited legal representative or customs agency, presents the merchandise for dispatch and activates the automated selection mechanism.

In the case of exports, the data that have been transmitted electronically may be rectified, when in accordance with article 89 (LA: Art. 89) of the Law the customs declaration (pedimento) would have been rectified.

When, in accordance with the provisions of the two previous paragraphs, maritime transport companies are forced to change the planned port of arrival or departure of the vessel, for unforeseen or forced causes, duly justified before the maritime authority in terms of article 45 of the Maritime Navigation and Commerce Law (Ley de Navegación y Comercio Marítimos), or when they have sailed from the port of origin and it is required to rectify the transmitted data regarding the distinctive call sign, the travel number or the estimated date of arrival or departure of the vessel, they must eliminate the transmission carried out and replace it with a new transmission to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral), provided that the declared merchandise has not entered the controlled premise.

In the cases of merchandise dispatched in bulk, the gross weight or volume settled will be rectified, even after the automated selection mechanism has been activated.

Shipping agents may issue a bill of lading called "MEMO", exclusively when merchandise not declared in the cargo manifest is received and in order to enter a controlled premise. In this case, this bill of lading must be added to the cargo manifest by rectification and the shipping line that carried out the international cargo transport must act as consignee and deposit the merchandise in the controlled premise.

For the purposes of this rule, when due to unforeseeable circumstances or force majeure the Automated Integral Customs System (Sistema Automatizado Aduanero Integral) does not receive the information transmitted by the maritime transport companies, the General Customs Administration (Administración General de Aduanas) will issue the "Guidelines to be observed by the transportation companies that enter or extract merchandise from the territory" which will establish the terms and conditions by which said companies may verify the transmission of the information referred to in this rule, said guidelines may be consulted on the Service Tax Administration (Servicio de Administración Tributaria) Portal.

For the purposes of the second paragraph of this rule, the interested parties may request the connection to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral), in accordance with the procedure file 145 / LA (Customs Law) of Annex 1-A (RGCE 2020: Anexo 1A).

Law 6 (LA: Art. 6), 20-III, VII (LA: Art. 20), 36 (LA: Art. 36), 36-A (LA: Art. 36A), 89 (LA: Art. 89), 184-IX (LA: Art. 184), 185-VIII (LA: Art. 185), Maritime Navigation and Commerce Law (Ley de Navegación y Comercio Marítimos) 45, Regulation 18 (RLA: Art. 18), 19 (RLA: Art. 19), 20 (RLA: Art. 20), 40 (RLA: Art. 40), General Rules of Foreign Trade (RGCE) 1.2.2. (RGCE 2020: Regla 1.2.2), 1.8.1. (RGCE 2020: Regla 1.8.1), 2.4.4. (RGCE 2020: Regla 2.4.5), 3.1.21. (RGCE 2020: Regla 3.1.21), Annex 1-A (RGCE 2020: Anexo 1A)