RULE 3.5.3: REQUIREMENTS IN MATTER OF EMISSION OF POLLUTANTS

For the purposes of the "Official Mexican Standard NOM-041-SEMARNAT-2015", published in the Official Journal of the Federation (Diario Oficial de la Federación) on June 10, 2015, and its subsequent modifications; of the provisions of articles 36-A, section I, subsection c) (LA: Art. 36A) of the Law and 26 (LCE: Art. 26) of the Foreign Trade Law (Ley de Comercio Exterior), Annex 2.4.1 of the "Agreement by which the Secretary of Economy (Secretaría de Economía) issues general rules and criteria in matters of Foreign Trade", published in the Official Journal of the Federation (Diario Oficial de la Federación) on December 31, 2012 and its subsequent modifications, as well as rule 3.5.1, section II, subsection g), numeral 4 (RGCE 2020: Regla 3.5.1); Article 6 of the "Decree of Used Vehicle"; Customs agents or customs agencies that carry out the definitive importation of used vehicles, must verify at the point of entry to the country, the authenticity of the documents (certificates or records) that contain the result of the evaluations that prove that the vehicle complies with the applicable provisions regarding emissions of polluting gases into the atmosphere of the country of origin.

Said authenticity must be verified through the databases or sources of information of the environmental authorities of any of the States that make up the United States of America, or of the particular databases, which are available electronically for consultation. In the case of the documents (certificates or records) that are used for this type of operations, it must contain a certificate number so that it can be pre-validated and related to the operation, as well as a space for printing the two-dimensional barcode (Quick Response Code, QR for its acronym in English) that allows its reading to the competent authorities, which must be attached to the customs declaration (pedimento) and transmitted via the electronic pre-validation of data, contained in the customs declarations (pedimentos), referred to in article 16-A (LA: Art. 16A) of the Law.

The document, as well as the information that is transmitted, must contain at least the following:

I. Name of the owner.

II. VIN.

III. Fabrication place.

IV. Misfire Monitoring.

V. Photos of the vehicle from the front, back and both sides, as well as the VIN of the dashboard, label on the door of the vehicle that has undergone the evaluation of polluting gas emissions. Said photographs must clearly show the vehicle's brand and color. In addition, photographs of the vehicle must be included during the verification, where it can be seen that the vehicle is connected to the device and that it is a fixed or mobile workshop.

VI. Catalyst Monitoring.

VII. Fuel System Monitoring.

VIII. Oxygen Sensor Monitoring.

IX. Comprehensive Catalyst Monitoring.

X. Date and Test Result.

The verification units in the United States of America must certify that the measurement equipment used for the verification service is certified by the environmental authorities of the United States of America, and must exhibit them to the entities authorized to provide electronic pre-validation services of data, contained in the customs declaration (pedimento), as well as mention them in the documents issued.

Additionally, the document referred to in the previous paragraph, as well as the information that is transmitted, must contain the geolocation mark, which shows the place where the verification referred to in this rule was carried out. The electronic file generated by the verification unit in the United States of America that it sends to customs agents must contain the following information:

I. Odometer reading history, with the possibility of detecting possible alterations to it.

II. History and dates of the vehicle's records in terms of gas emission compliance, if applicable.

III. License plate or vehicle plates, if applicable.

The exhibition of the corresponding document must be in original and will not require any additional formality such as certifications before notaries public, apostilles or translations into Spanish, except in the case that the document that verifies the approving results of the environmental tests of emissions of polluting gases into the atmosphere, is in a language other than English.

If a document cannot be verified physically and electronically under the terms of this rule, the customs authorities will not accept it as a valid document.

Additionally, the person authorized to provide electronic pre-validation services of data, contained in the customs declaration (pedimento), must provide online access to the customs authority of the aforementioned database.

Law 16-A (LA: Art. 16A), 36-A-I (LA: Art. 36A), Foreign Trade Law (Ley de Comercio Exterior) 26 (LCE: Art. 26), Decree of used vehicles 6, Agreement by which the Secretary of Economy (Secretaría de Economía) issues general rules and criteria in the matter of Foreign Trade Annex 2.4.1, General Rules of Foreign Trade (Reglas General del Comercio Exterior) 3.5.1 (RGCE 2020: Regla 3.5.1).