RULE 1.9.12: INFORMATION ON MERCHANDISE TRANSPORTED BY RAILWAY

For the purposes of articles 20, sections III and VII (LA: Art. 20), 43 (LA: Art. 43) of the Law and 33 (RLA: Art. 33) of the Regulation, the rail transport concessionaires that carry out operations in the northern border of the country, must transmit the electronic document to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral), with the information related to the means of transport and merchandise they drive, for their entry or exit from the national territory, in accordance with the "Guidelines for the exchange of information of the Railway Control System (SICOFE)" issued by the customs authorities, which can be consulted on the Service Tax Administration (Servicio de Administración Tributaria) Portal, as well as the following data:

I. General information:

a) Railway code.

b) Unique identification number.

c) Date of issue of the unique identification number.

d) Number and type of document.

e) Type of operation.

f) Customs-Customs section of crossing and dispatch.

g) Patent or authorization of the customs agent or authorization number of the customs representative or customs agency, the importer, or the exporter (optional).

h) Description, type, and sequence of the merchandise.

i) Net weight.

j) Commercialization measurement unit.

k) Quantity in unit of commercialization measure.

l) Country of loading-origin and unloading.

m) Federal entity of loading-origin and unloading (it will only be applicable when the country of loading-origin or country of unloading of the merchandise is Mexico, the United States of America or Canada).

II. Railway equipment data:

a) Type of equipment.

b) Equipment identification number.

c) Quantity of equipment.

d) The number and type of container, if applicable.

III. Sender and consignee details:

a) Sender details:

1. Name, denomination or company name.

2. Conventional address.

3. The Federal Taxpayer Registration (Registro Federal de Contribuyentes), Unique Population Registry Code (Clave Única de Registro de Población) or Tax ID (optional), as appropriate.

b) Consignee details:

1. Name, denomination or company name.

2. Conventional address.

3. THE Federal Taxpayer Registration (Registro Federal de Contribuyentes), Unique Population Registry Code (Clave Única de Registro de Población) or Tax ID (optional), as appropriate.

The rail transport concession companies may rectify the transmitted data referred to in section I of this rule or withdraw from it, the number of times that is necessary provided that they do so before the corresponding customs declaration (pedimento) is validated.

When the unique identification number has not been used within 2 months after the transmission to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral) of the general data, the data of the railway equipment and the data of the sender and consignee, the rail transport concession companies must generate one new.

The customs agent, customs representative, customs agency, the importer or exporter, must declare in the customs declaration (pedimento), in Part II or in the barcode established in the printing of the "Consolidated Notice Format" of Annex 1 (RGCE 2020: Anexo 1), as appropriate, the unique identification number and the container or rail equipment number in accordance with Annex 22 (RGCE 2020: Anexo 22).

The customs agent, customs representative, customs agency or accredited legal representative must present before the customs clearance two hours before the railway crossing the printing of any of the following documents: "Customs Declaration (Pedimento)", "Simplified Form of the Customs Declaration (Pedimento)" or "Format Consolidated Notice "of Annex 1 (RGCE 2020: Anexo 1), as appropriate, that cover the merchandise to be imported, exported or in internal transit to import, for their delivery record in the Automated Integral Customs System (Sistema Automatizado Aduanero Integral).

Once the rail transport company receives confirmation from the Automated Integral Customs System (Sistema Automatizado Aduanero Integral) of the customs declarations (pedimentos) or the prints of the "Consolidated Notice Format" of Annex 1 (RGCE 2020: Anexo 1) presented to customs in accordance with the previous paragraph, it must send electronically to said system, the following information:

I. In the case of introduction of merchandise to national territory, the exchange list, before the railway crossing into national territory, in accordance with the "Guidelines for the exchange of information of the Railway Control System (SICOFE)" issued by the General Customs Administration (Administración General de Aduanas), which can be consulted on the Service Tax Administration (Servicio de Administración Tributaria) Portal. Once the railway has crossed into national territory, the electronic document with the arrival notice must be sent to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral), in accordance with the provisions of the aforementioned guidelines, in order to consider the automated selection mechanism activated. The Automated Integral Customs System (Sistema Automatizado Aduanero Integral) will send the result of the automated selection mechanism electronically to the rail transport company in question.

II. In the event of extraction of merchandise from national territory, send to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral) the arrival notice in accordance with the guidelines cited in this rule, up to 12 hours before the railway arrives at the fiscal or controlled premises at the exit customs, being considered activated the automated selection mechanism. The Automated Integral Customs System (Sistema Automatizado Aduanero Integral) will send the result of the automated selection mechanism electronically to the rail transport company in question. Before the railway crossing, the electronic document with the information corresponding to the exchange list must be sent to the Automated Integral Customs System (Sistema Automatizado Aduanero Integral), in accordance with the guidelines issued by the General Customs Administration (Administración General de Aduanas), which will be disclosed on the Service Tax Administration (Servicio de Administración Tributaria) Portal.

Once the information on the exchange list has been received, it will be verified that each railway equipment or container declared therein is duly documented and that the customs declaration (pedimento) for the transported merchandise has been cleared. In this case the Automated Integral Customs System (Sistema Automatizado Aduanero Integral) will provide the rail transport company with an electronic validation acknowledgment.

Law 6 (LA: Art. 6), 20-III-IV (LA: Art. 20), 43 (LA: Art. 43), Regulation 33 (RLA: Art. 33), General Rules of Foreign Trade (Reglas General del Comercio Exterior) 1.9.12. (RGCE 2020: Regla 1.9.12), 4.2.14. (RGCE 2020: Regla 4.2.14), 4.6.6. (RGCE 2020: Regla 4.6.6), Annexes 1 (RGCE 2020: Anexo 1) and 22 (RGCE 2020: Anexo 22)