RULE 2.4.11: CLEARANCE OF MERCHANDISE THROUGH THE TRANSMISSION OF INFORMATION (ANNEX 3)

For the purposes of articles 35 (LA: Art. 35), 36, first paragraph (LA: Art. 36), 36-A (LA: Art. 36A), penultimate paragraph, 37-A, section II (LA: Art. 37A) and 43 (LA: Art. 43) of the Law and 64 (RLA: Art. 64) of the Regulation, the activation of the automated selection mechanism for the clearance of the merchandise, will be carried out with the presentation before the customs of the customs declaration (pedimento) or notice consolidated in a technological device, complying with the following:

I. Send the following information to the Customs Electronic System (Sistema Electrónico Aduanero) in an electronic document:

a) Customs Declaration (Pedimento) number, type of operation, code of customs, customs clearance section, patent or authorization of the customs agent, customs representative, customs agency or accredited legal representative, as appropriate.

b) Those indicated in Appendix 17 (RGCE 2020: Apendice 17) of Annex 22, according to the operation in question.

c) Economic number of the box or container and plates.

d) The Carrier Harmonized Alphanumeric Code (CAAT) in accordance with rule 2.4.4. (RGCE 2020: Regla 2.4.5)

e) Quantity of merchandise in the unit of measure of commercial that is dispatched.

f) The fiscal folio of the Digital Tax Receipt Online (Comprobante Fiscal Digital por Internet) with the complement referred to in rule 2.7.1.9., of the Miscellaneous Fiscal Resolution (Resolución Miscelánea Fiscal) for 2021.

The transmission will be carried out by capturing the data declared by the customs agent, customs representative, customs agency or accredited legal representative, as appropriate, in the Service Tax Administration (SAT) Portal which will be obtained, as a means of control, the "Operation Document for customs clearance" of Annex 1 (RGCE 2020: Anexo 1), which contains the reference acknowledgment issued by the Customs Electronic System (Sistema Electrónico Aduanero) called integration number. Transmission can also be carried out by sending the electronic document through a file that complies with the format and requirements indicated in the "Guidelines with the technological specifications for customs clearance of merchandise with a technological device or with an Operation Document for the Customs Clearance", which can be consulted on the Service Tax Administration (SAT) Portal; once the information is transmitted, the integration number will be received.

II. Record the integration number with the technological device through the mobile application "Activa NI" in accordance with the guidelines indicated in the previous section, indicating the number of the electronic badge.

For the purposes of this rule, the electronic badge constitutes the technological device or means of control referred to in the Law, for the activation of the automated selection mechanism.

III. Carry out customs clearance, presenting the technological device together with the merchandise.

The technological integration components will read the technological device by activating the automated selection mechanism of the operation recorded in the aforementioned mobile application indicated in section II of this rule.

When the integration number associated with the customs declaration (pedimento) or consolidated notice is submitted in the mobile application and the selection mechanism is activated, it will be understood that the information contained in the transmission is declared by the customs agent, customs agency or customs representative, by the importer or exporter, according to the username and password that is submitted. The result of the activation of the automated selection mechanism may be consulted in accordance with the provisions of rule 3.1.19. (RGCE 2020: Regla 3.1.19)

The provisions of this rule will be applicable only in the customs and customs sections listed in Annex 3 (RGCE 2020: Anexo 3), which have the technological integration components for the use of the technological device, except in those foreign trade operations that for this purpose they are published on the Service Tax Administration (SAT) Portal, where, in substitution of the technological device, will present the printout of the "Operation Document for customs clearance", "Simplified Form of the Customs Declaration (Pedimento)", of the customs declaration (pedimento) or of the "Consolidated Notice Format" contained in Annex 1, (RGCE 2020: Anexo 1) depending on the operation in question.

Law 35 (LA: Art. 35), 36 (LA: Art. 36), 36-A (LA: Art. 36A), 37-A-II (LA: Art. 37A), 43 (LA: Art. 43), Regulation 64 (RLA: Art. 64), General Rules of Foreign Trade (RGCE) 1.2.1. (RGCE 2020: Regla 1.2.1), 2.4.4 (RGCE 2020: Regla 2.4.5), 3.1.8. (RGCE 2020: Regla 3.1.8), 3.1.19 (RGCE 2020: Regla 3.1.19), 3.1.21. (RGCE 2020: Regla 3.1.21), 3.1.33. (RGCE 2020: Regla 3.1.33), Miscellaneous Fiscal Resolution (RMF) 2.7.1.9, Annexes 1 (RGCE 2020: Anexo 1), 3 (RGCE 2020: Anexo 3) and 22 (RGCE 2020: Anexo 22)