RULE 3.2.7: BAGGAGE AND FRANCHISE FOR TRANSMIGRANTS

For the purposes of article 106, section IV, subsection a) (LA: Art. 106) of the Law, the transmigrants who carry merchandise that make up their franchise and their luggage for which they must not pay foreign trade taxes, in terms of rule 3.2.3. (RGCE 2020: Regla 3.2.3), in a single vehicle even with a trailer, they must comply with the requirements referred to in Article 158 of the Regulation (RLA: Art. 158), and may introduce said merchandise without using the services of a customs agent or customs agency, by any customs in the country, documenting for this purpose the temporary importation of their vehicle in accordance with rule 4.2.7. (RGCE 2020: Regla 4.2.7) In the event that the vehicle carried by the transmigrants is different from those indicated in Article 158, last paragraph (RLA: Art. 158) of the Regulation, they must carry out international transit, processing for such purposes, through a customs agent or customs agency, a customs declaration (pedimento) with the corresponding code according to Appendix 2 (RGCE 2020: Apendice 2) of Annex 22, which protect international transit through national territory, without the need to use the services of carriers registered in the registry referred to in rule 4.6.11. (RGCE 2020: Regla 4.6.11)

For the purposes of the provisions of rule 4.6.20. (RGCE 2020: Regla 4.6.20), the transmigrants who carry merchandise that exceed their franchise and their luggage or vehicles that are different from those indicated in article 158, last paragraph (RLA: Art. 158) of the Regulation, must carry out international transit, processing for such purposes, through a customs agent or customs agency, a customs declaration (pedimento) with the corresponding code according to Appendix 2 (RGCE 2020: Apendice 2) of Annex 22, which protect international transit through national territory, without the need to use the services of carriers registered in the registry referred to in rule 4.6.11. (RGCE 2020: Regla 4.6.11), provided that:

I. Present before customs through a customs agent or customs agency, the official documentation necessary to prove their nationality, as well as their characteristics as a transmigrant. The customs agent or customs agency must keep a copy of said documentation.

II. Start transit through the customs section of the Lucio Blanco-Los Indios International Bridge, attached to the Matamoros Customs or by the Ojinaga Customs. In the case of international transmigrants transits between the United States of America and Guatemala, they must conclude the transit at the Suchiate II Border Bridge of Ciudad Hidalgo Customs or through the customs section of Talismán, Chiapas.

The provisions of this rule will also be applicable in international transit operations through national territory of empty vehicles, carried out by transmigrants between Guatemala and the United States of America, for which they must initiate international transit through the Customs of Ciudad Hidalgo and conclude it at the Matamoros Customs or at the Ojinaga Customs, without having to have the registry referred to in rule 4.6.11. (RGCE 2020: Regla 4.6.11)

III. The customs agents or customs agencies that carry out the procedure for the international transit of transmigrants referred to in this rule, must keep a record of international transmigrants transit operations, which must contain the following data:

a) Those corresponding to the transmigrant, in accordance with the provisions of section I of this rule.

b) The customs declaration (pedimento) number.

c) Customs of the start and arrival of the transit.

Law, 106-IV (LA: Art. 106), Federal Fiscal Code (CFF) 105-VI (CFF: Art. 105), Regulation 158 (RLA: Art. 158), General Rules of Foreign Trade (RGCE) 3.2.3. (RGCE 2020: Regla 3.2.3), 4.2.7. (RGCE 2020: Regla 4.2.7), 4.6.11. (RGCE 2020: Regla 4.6.11), 4.6.20. (RGCE 2020: Regla 4.6.20), Annex 22 (RGCE 2020: Anexo 22)