RULE 2.3.4: OBLIGATIONS OF THE STRATEGIC CONTROLLED PREMISES

The legal entities that obtain the qualification and authorization referred to in article 14-D of the Law (LA: Art. 14D), must comply with the following:

I. Carry out the necessary actions for the administration, supervision, and control of the strategic controlled premises.

II. Adopt the necessary measures to delimit the strategic controlled premises, in accordance with the requirements issued by the General Customs Administration (Administración General de Aduanas) for this purpose.

III. Provide the necessary infrastructure for the provision of customs services that are required, in accordance with the "Infrastructure, Control and Security Guidelines for Administrators of the Strategic Controlled Premises" issued by the General Customs Administration (Administración General de Aduanas), which can be consulted on the Service Tax Administration (Servicio de Administración Tributaria) Portal, as well as the maintenance and services necessary for the proper functioning of said facilities.

IV. Build, maintain and administer the infrastructure for common use within the strategic controlled premises and guarantee the supply of public services in said facilities.

V. Provide, install and maintain the systems and equipment for the automated registration and control of the entry and exit of merchandise, people and vehicles, as well as the other control mechanisms required by the General Customs Administration (Administración General de Aduanas).

VI. Integrate an automated and updated database regarding the name of the people and data of the vehicles whose access to the strategic controlled premises is allowed by the people referred to in article 135-A (LA: Art. 135A) of the Law, to whom the corresponding badges must be issued in accordance with the requirements issued by the General Customs Administration (Administración General de Aduanas).

VII. Operate surveillance services in the strategic controlled premises.

VIII. Monitor compliance with the security measures established by the customs authorities.

IX. Comply with the "Infrastructure, Control and Security Guidelines for Administrators of the Strategic Controlled Premises" determined by the customs authorities for the control, surveillance and security of the strategic controlled premises and foreign trade merchandise, due to the effect in addition, to allow the Customs authorities the performance of their functions, being obliged to report the facts of which they have knowledge about alleged infractions to the Law and deliver the merchandise subject to them, if they are in their power.

X. They must present to the customs within whose circumscription the strategic controlled premises is located, the rate of the services offered that coincides with the one displayed in public view in their establishments in the terms of articles 8, 57 and 58 of the Federal Law for Protection of the Consumer (Ley Federal de Protección al Consumidor), which must refer to each of the services directly or indirectly related to the qualification and authorization. The rate must be presented to customs within the first 15 days of the month of January of the year in which it is applied, and the changes suffered by said rates during the year in question, must be submitted to customs within a period of 15 days as of the date the change occurs. The prices contained in the rate referred to in this rule are independent of the rates set by the Secretary of Communications and Transportation (Secretaría de Comunicaciones y Transportes) in the port areas in accordance with articles 60, 61 and 62 of the Port Law (Ley de Puertos), and must be clearly distinguishable from them.

XI. Carry out within the term established in article 4, fifth paragraph (LFD: Art. 4) of the Federal Rights Law (Ley Federal de Derechos), the payment indicated in article 40, paragraph l) (LFD: Art. 40) of the aforementioned Law, in relation to Annex 19 of the Miscellaneous Fiscal Resolution (Resolución Miscelánea Fiscal).

XII. Inform the same day, through the Customs Electronic System (Sistema Electrónico Aduanero), to the corresponding customs according to the district in which it is located, of the arrival of the merchandise that enter the strategic controlled premises of the people authorized in accordance with rule 4.8.1. (RGCE 2020: Regla 4.8.1), except in the case that the property is located within or adjacent to a fiscal precinct, controlled or port area, in the case of maritime, border, internal rail or aerial traffic customs.

XIII. Verify that the padlock referred to in rule 1.7.6, section II, remains intact upon arrival (RGCE 2020: Regla 1.7.6) of the merchandise at the facilities of the authorized premises, otherwise it must inform customs that corresponds to their location.

In the case of the qualification and authorization referred to in article 14-D (LA: Art. 14D) of the Law, granted to a Comprehensive Port Administration, with respect to area located within the port area, the provisions of article 4 of the Law must be complied with (LA: Art. 4), as well as the "Infrastructure, Control and Security Guidelines for Administrators of the Strategic Controlled Premises" issued by the General Customs Administration (Administración General de Aduanas) in matters of security, control and operation, applicable to the fiscal precinct, the port precinct and the surfaces area enabled as strategic controlled premises, which will be announced on the Service Tax Administration (Servicio de Administración Tributaria) Portal and must notify the General Customs Administration (Administración General de Aduanas) of any adaptation or modification to the port development master program that could affect security measures, control, surveillance, access roads, infrastructure and equipment.

Law 4 (LA: Art. 4), 14-D (LA: Art. 14D), 135-A (LA: Art. 135A), 186-XX-XXIII (LA: Art. 186), Federal Law for Protection of the Consumer (Ley Federal de Protección al Consumidor) 8, 57, 58, Port Law (Ley de Puertos) 60, 61, 62, Federal Rights Law (Ley Federal de Derechos) 4 (LFD: Art. 4), 40 subsection l) (LFD: Art. 40), Regulation 190 (RLA: Art. 190), General Rules of Foreign Trade (Reglas General del Comercio Exterior) 1.1.4. , 1.7.6. (RGCE 2020: Regla 1.7.6), 4.8.1. , Miscellaneous Fiscal Resolution (Resolución Miscelánea Fiscal) Annex 19