RULE 3.3.1: IMPORTATION OF NATIONAL SECURITY GOODS

For the purposes of articles 36 (LA: Art. 36) and 61, section I (LA: Art. 61) of the Law, the organization referred to the National Security Law (Ley de Seguridad Nacional) and the General Customs Administration (Administración General de Aduanas), may import the merchandise necessary to carry out actions aimed at national security within the framework of their respective attributions, without being necessary to process an import customs declaration (pedimento), for which they must request, prior to the importation of the merchandise, authorization through the format "Authorization to import merchandise for national security purposes" of Annex 1 (RGCE 2020: Anexo 1).

In the event that the Central Administration of Legal Support of Foreign Trade Audit (Administración Central de Apoyo Jurídico de Auditoría de Comercio Exterior) observes that any information or documentation requested in the format referred to in the previous paragraph was omitted, a request will be made to the requesting organization or the General Customs Administration (Administración General de Aduanas) so that the information or missing documentation is presented within 15 days, if the requirement is not met within the specified period, the authorization request will be deemed not submitted.

The Central Administration of Legal Support of Foreign Trade Audit (Administración Central de Apoyo Jurídico de Auditoría de Comercio Exterior) will determine if the merchandise should be dispatched through the place designated by the requesting organization or by the General Customs Administration (Administración General de Aduanas), taking into account its nature and specific circumstances, which may authorize prior approval of the respective customs or customs section.

Once the authorization is obtained, the requesting organization or the General Customs Administration (Administración General de Aduanas) must present the merchandise directly to the customs or customs section where the dispatch will be carried out, after coordinating with the same, and must present the original official letter issued by the Central Administration of Legal Support of Foreign Trade Audit (Administración Central de Apoyo Jurídico de Auditoría de Comercio Exterior). In the event that the clearance is authorized in a place designated by the requesting organization or the General Customs Administration (Administración General de Aduanas), it will also be necessary to coordinate with the customs or customs section in question, so that the customs personnel can move to the authorized place in the resolution.

Once the merchandise have been dispatched, they will be delivered to the officials authorized in the resolution to receive them, by means of proof of facts issued by customs, after payment through the electronic format "Multiple payment form for foreign trade" in Annex 1 (RGCE 2020: Anexo 1), in accordance with the provisions of rule 1.6.2. (RGCE 2020: Regla 1.6.2), of the corresponding contributions, where appropriate, and of the expenses of handling the merchandise and those that would have been derived from the storage of the same, which will be borne by the requesting organization or General Customs Administration (Administración General de Aduanas).

In the event that the official authorized in the resolution to receive the merchandise does not attend on the date and time previously coordinated with customs, the latter will store the merchandise in the fiscal or controlled premise, and will instantly notify the requesting organization or the General Customs Administration (Administración General de Aduanas) that it has a period of 15 days to withdraw them in the terms of the previous paragraph.

In the event that the dispatch has been authorized in the place designated by the requesting organization or the General Customs Administration (Administración General de Aduanas), the period to withdraw them will be 3 days.

In the case of applicants other than the Centralized Federal Public Administration and the Federal Legislative and Judicial Powers, in case of not withdrawing their merchandise within 3 or 15 days, they will cause abandonment in terms of customs legislation.

Imported merchandise destined for national security may return to national territory after having been temporarily exported to undergo a process of transformation, elaboration, or repair, even when they have surpass the temporary export period established in article 117 (LA: Art. 117) of the Law, provided that the applicable contributions are paid on the return date.

Law 36 (LA: Art. 36), 61-I (LA: Art. 61), 117 (LA: Art. 117), General Rules of Foreign Trade (Reglas General del Comercio Exterior) 1.2.1. (RGCE 2020: Regla 1.2.1),1.6.2. (RGCE 2020: Regla 1.6.2), Annex 1 (RGCE 2020: Anexo 1)