RULE 3.7.33: TEMPORARY EXPORT OF ELECTRONIC OR RADIO FREQUENCY DEVICES

For the purposes of articles 113 (LA: Art. 113), 115 (LA: Art. 115) and 116, section IV (LA: Art. 116) of the Law, exporters may exit the national territory to the United States of America, without requiring a customs declaration (pedimento) for their temporary export or for their return, in the case of merchandise identified as electronic or radio-frequency locating devices, other than those integrated in the means of transport, that allow knowing the geolocation through global positioning systems via satellite, of the merchandise subject to foreign trade operations among others, national or nationalized, as well as the information registered with their own sensors, such as atmospheric pressure, humidity, light conditions and temperature to which they are subject, with multiple inputs and outputs, provided that said devices are intended to ensure the transfer of foreign trade merchandise and comply with the control and information delivery conditions established in this rule for purposes of analysis and study of foreign trade operations.

For the use of electronic or radio-frequency locating devices referred to in the first paragraph of this rule, importers, exporters, customs agents, customs agencies or customs representative, must declare in the customs declaration (pedimento) the corresponding identifier in accordance with Appendix 8 (RGCE 2020: Apendice 8), of Annex 22, stating the identification numbers (serial number, model and brand) of the devices used, in the case of operations with consolidated notice, the information must be indicated in the field of observations of the consolidated notice and the document transmitted according to articles 37-A (LA: Art. 37A), and 59-A (LA: Art. 59A) of the Law.

Importers and exporters, customs agents, customs agencies or customs representatives, must keep a record of all electronic or radio-frequency locating devices that they use for the entry or exit of foreign trade merchandise from the national territory, and must identify the serial number, model and brand, with their respective dates of entry and exit from the national territory, in those cases in which the electronic or radio-frequency locating devices are of foreign origin, additionally, they must register the customs declaration (pedimento) number with which it was definitively imported, as well as the number of the customs declaration (pedimento) with which the merchandise to which said device was attached was dispatched.

Those who provide the service of the electronic or radio-frequency locating devices referred to in this rule, to importers and exporters, will submit weekly reports to the General Customs Administration (Administración General de Aduanas), with data on geolocation, sender, recipient, transit times and exceptional events during their transfer, through flat files delivered on magnetic media or by email.

The facility provided for in this rule will be applicable as long as those who provide the service of electronic or radio-frequency locating devices, importers and exporters, provide the information and comply with the controls established therein, so in case of non-compliance the supplier, import or export company, its shareholders or any related party, will not be able to avail themselves to the facility.

The provisions of this rule may not be applicable to operations carried out in accordance with rule 3.7.5. (RGCE 2020: Regla 3.7.5)

Law 6 (LA: Art. 6), 37-A (LA: Art. 37A), 40 (LA: Art. 40), 41 (LA: Art. 41), 43 (LA: Art. 43), 59-A (LA: Art. 59A), 113 (LA: Art. 113), 115 (LA: Art. 115), 116-IV (LA: Art. 116), General Rules of Foreign Trade (Reglas General del Comercio Exterior) 3.7.5. (RGCE 2020: Regla 3.7.5), Annex 22 (RGCE 2020: Anexo 22)