RULE 7.1.5: REQUIREMENTS TO BE MET BY THOSE INTERESTED IN OBTAINING THE MODALITY OF CERTIFIED COMMERCIAL PARTNER

Interested parties who participate in the handling, storage, custody and / or transfer of foreign trade merchandise, may request the Registry in the Business Certification Scheme, under the modality of Certified Commercial Partner in the rubric of Car Carrier, Customs Agent, Railway Carrier, Industrial Park, Controlled Premises, Courier and Parcel Service and General Warehouse of Deposit, provided that they meet the minimum standards in terms of security and with the following:

I. Land Car Carrier Rubric:

a) With the requirements referred to in rule 7.1.1. (RGCE 2020: Regla 7.1.1), with the exception of what is established in sections VIII, X, XI, XIV, as well as accredit the requirement referred to in rule 7.1.4. (RGCE 2020: Regla 7.1.4), first paragraph, section I.

b) Submit the format called "Profile of the Land Car Carrier" of Annex 1 (RGCE 2020: Anexo 1), duly completed, complying with the minimum standards in terms of safety, in accordance with the instructions for filling out the aforementioned profile.

c) Have at least 2 years of experience in the provision of services of Federal Ground Transportation of merchandise.

d) Have the valid permit issued by the Secretary of Communications and Transportation (Secretaría de Comunicaciones y Transportes) to provide the federal freight transportation service.

e) Declare, under protest of telling the truth, the number of owned or leased units used for the provision of the service.

f) Have the legal use and enjoyment of facilities, used for the protection of their units and for the operation of the parent company.

g) Have means of transport for the transfer of merchandise, which have tracking systems in accordance with the provisions of the format called "Profile of the Land Car Carrier" in Annex 1. (RGCE 2020: Anexo 1)

h) Be registered in the Carrier Harmonized Alphanumeric Code (Código Alfanumérico Armonizado del Transportista), in accordance with rule 2.4.4. (RGCE 2020: Regla 2.4.5)

Those companies that request the Registry in the Business Certification Scheme, under the modality of Certified Commercial Partner in the rubric of Land Car Carrier and that are partners of the C-TPAT program, granted by the U.S. Customs and Border Protection (Oficina de Aduanas y Protección Fronteriza), may accredit the requirements indicated in the subsection b) of the first paragraph of this section, according to the following:

a) Have the validation report issued in a period not exceeding 3 years from the date the request is submitted, through which the applicant is accredited as a partner of the C-TPAT program, with certified-validated status, for each one of the facilities certified and validated by the U.S. Customs and Border Protection (Oficina de Aduanas y Protección Fronteriza), as well as attach the corresponding simple translation into Spanish.

b) Having authorized the U.S. Customs and Border Protection (Oficina de Aduanas y Protección Fronteriza) to exchange information with Mexico, through the C-TPAT portal or the mechanism that the authority of that country defines.

c) Comply with the minimum standards in terms of safety established in the form "Profile of the Land Car Carrier" of Annex 1 (RGCE 2020: Anexo 1), which must be submitted properly filled, in accordance with the provisions of said Profile, only for facilities not validated by the U.S. Customs and Border Protection (Oficina de Aduanas y Protección Fronteriza).

d) The facilities that are certified and validated by the U.S. Customs and Border Protection (Oficina de Aduanas y Protección Fronteriza) for which the "Profile of the Land Car Carrier" of Annex 1 (RGCE 2020: Anexo 1) is not presented, must comply at all times, with the minimum standards in security matters of the aforementioned Profile in accordance with the provisions of rule 7.2.1. (RGCE 2020: Regla 7.2.1), fourth paragraph, section II, third paragraph and not be subject to a suspension or cancellation process by the U.S. Customs and Border Protection (Oficina de Aduanas y Protección Fronteriza).

II. Individuals who have the customs agent patent referred to in article 159 (LA: Art. 159) of the Law, who have promoted the dispatch of merchandise on behalf of others in the 2 years prior to the one in which they request the Registry in the Business Certification Scheme in the modality of Certified Commercial Partner rubric Customs Agent, must comply with the following:

a) Accredit the requirements referred to in the rules 7.1.1. (RGCE 2020: Regla 7.1.1), with the exception of what is established in sections I, VIII, X, XI, XII and XIV, as well as accredit the requirement referred to in rule 7.1.4. (RGCE 2020: Regla 7.1.4), first paragraph, section I.

In the case of a substitute customs agent, the years of the patent that was replaced will be taken into consideration, for purposes of having the previous 2 years as completed, promoting the clearance of merchandise for someone else.

b) Submit the form called "Profile of the Customs Agent" of Annex 1 (RGCE 2020: Anexo 1), properly filled out, regarding the facilities associated with the affiliated customs, as well as for each of the facilities associated with the customs additional patents, complying with the minimum security standards established in the aforementioned Profile.

c) That their agents are up to date in compliance with tax obligations.

d) That the customs patent is active and is not subject to a process of suspension, cancellation, termination, disqualification or voluntary suspension, referred to in articles 164 (LA: Art. 164), 165 (LA: Art. 165) and 166 (LA: Art. 166) of the Law, nor having been suspended, canceled, extinguished or disabled in the 3 years prior to the one in which they request registration in the registry, with the exception of those cases in which an administrative resolution favorable to the customs agent has been issued .

e) In the event that one or more companies have been incorporated and / or constituted to facilitate the provision of their services, in the terms of the Law, they must be up-to-date in compliance with tax obligations and must comply with the provisions of article 222 (RLA: Art. 222) of the Regulation.

III. Companies that have a public rail transport service concession and that have at least 2 years of experience in the provision of rail freight services, prior to the one in which they request the Registry in the Business Certification Scheme, Certified Commercial Partner modality, rubric Railway Carrier, in addition to what is established in rule 7.1.1. (RGCE 2020: Regla 7.1.1), with the exception of sections VIII, X, XI and XIV, they must comply with the provisions of rule 7.1.4. (RGCE 2020: Regla 7.1.4), first paragraph, section I, as well as the following:

a) Present the form called "Profile of the Railway Carrier" of Annex 1 (RGCE 2020: Anexo 1), properly filled by each facility where the handling, storage and custody of foreign trade merchandise is carried out, by section or by the entire network, as the case may be.

b) Have the current concession or permit issued by the Secretary of Communications and Transportation (Secretaría de Comunicaciones y Transportes) to provide the rail freight service.

c) Have its own units, leased, in loan or other legal form that proves the possession of them (tractive equipment), which it uses to provide the service.

d) Have facilities of which the legal ownership or possession is accredited, used for the protection of its units.

e) Have means of transport for the transfer of merchandise, which have tracking systems in accordance with the provisions of the "Profile of the Railway Carrier" in Annex 1. (RGCE 2020: Anexo 1)

IV. Companies interested in obtaining the Registry in the Business Certification Scheme in the modality of Certified Commercial Partner, rubric Industrial Park, in addition to what is established in rule 7.1.1. (RGCE 2020: Regla 7.1.1), with the exception of sections VIII, X, XI and XIV, they must comply with the provisions of rule 7.1.4. (RGCE 2020: Regla 7.1.4), first paragraph, section I, as well as the following:

a) Submit the format called "Profile of Industrial Parks" of Annex 1 (RGCE 2020: Anexo 1), properly filled out by each Industrial Park that accommodate the companies or facilities that belong to the same Federal Taxpayer Registration (Registro Federal de Contribuyentes) of the corporate, where the operations are carried out foreign trade.

Companies may add new Industrial Parks to said rubric, provided that the facilities accommodate belong to the same Federal Taxpayer Registration (Registro Federal de Contribuyentes) of the corporate.

b) Have an environmental impact statement.

V. The companies interested in obtaining the Registry in the Business Certification Scheme, in the modality of Certified Commercial Partner, rubric of Controlled Premises, that have provided the service of handling, storage and custody of foreign trade merchandise, for at least 2 years prior to filing the request, in addition to the provisions of rule 7.1.1. (RGCE 2020: Regla 7.1.1), with the exception of sections VIII, X, XI, they must comply with the provisions of rule 7.1.4. (RGCE 2020: Regla 7.1.4), first paragraph, section I, as well as the following:

a) Have current authorization from the Controlled Premises and not be subject to the initiation of cancellation.

b) Submit the form called "Profile of the Controlled Premises" of Annex 1 (RGCE 2020: Anexo 1), properly filled by each authorized facility.

VI. The companies interested in obtaining the Registry in the Business Certification Scheme in the modality of Certified Commercial Partner rubric of courier and parcel service, in addition to what is established in the rules 7.1.1. (RGCE 2020: Regla 7.1.1) and 7.1.4. (RGCE 2020: Regla 7.1.4) sections I and II must comply with the following:

a) That the aircraft in which they carry out the transportation of documents and merchandise are owned by them or by any of their national or foreign affiliated, subsidiary or parent companies. For these purposes it will be understood as:

1. Subsidiaries: those national or foreign companies in which the courier and parcel company is a shareholder with the right to vote, either directly, indirectly or both.

2. Affiliated: those national or foreign companies that are shareholders with voting rights, either directly, indirectly or in both ways, of a national or foreign company, which in turn is a shareholder with voting rights, either in direct, indirect or both, from the courier and parcel company.

3. Parent companies: those national or foreign companies that are shareholders with voting rights, either directly, indirectly or both, of the courier and parcel company or of any of its affiliates or subsidiaries.

The courier and parcel companies may comply with the provisions of this section, proving that they have aircraft for the transportation of documents and merchandise, through a service contract, with a minimum term of 5 years, which should not be less than one year to the date of their request, held directly or through their parent companies, affiliates or subsidiaries, with a concessionaire or permit holder duly authorized by the Secretary of Communications and Transportation (Secretaría de Comunicaciones y Transportes), through which they make available for the dedicated use of the activities of the courier or parcel company at least 30 aircraft and provide regular frequencies to the airports where said company dispatches documents or merchandise.

b) That the freight company, its subsidiary, affiliate or parent company that operates the transport in the aircraft indicated in the previous paragraph, has the registry of aerial routes or airways within the national airspace before the General Directorate of Civil Aeronautics of the Secretary of Communications and Transportation (Secretaría de Comunicaciones y Transportes).

c) Have a concession or authorization to provide handling, storage, and custody services of foreign trade merchandise in accordance with articles 14 (LA: Art. 14) and 14-A (LA: Art. 14A) of the Law.

d) Have a minimum investment in fixed assets for an amount equivalent in national currency of 1'000,000 (one million dollars) on the date of submission of their request.

e) Submit the format called "Courier and Parcel Profile" of Annex 1 (RGCE 2020: Anexo 1), properly filled out, complying with the minimum security standards established in said Profile, for each of the facilities where they process foreign trade merchandise.

In the case of courier and parcel companies that belong to the same group, in accordance with rule 7.1.7. (RGCE 2020: Regla 7.1.7), must additionally comply with the following:

a) Have an aircraft for the transportation of documents and merchandise, by means of a service contract, executed directly or through an operating company that is part of the same group, that has a concession or permit authorized by the Secretary of Communications and Transportation (Secretaría de Comunicaciones y Transportes), by which it puts at their disposal for the exclusive use of courier and parcel activities to at least 3 aircraft and provide regular frequencies to airports where courier and parcel companies carry out the dispatch of documents or merchandise.

b) That the company that operates the transport in the aircraft indicated in the previous section, have their aerial routes or airways authorized or registered within the national airspace before the General Directorate of Civil Aeronautics of the Secretary of Communications and Transportation (Secretaría de Comunicaciones y Transportes).

c) That they have directly or through a company that is part of the same group, with a concession or authorization to provide the services of handling, storage and custody of foreign trade merchandise in accordance with articles 14 (LA: Art. 14) and 14-A (LA: Art. 14A) of the Law.

VII. Companies interested in obtaining the Registry in the Business Certification Scheme in the modality of Certified Business Partner, rubric General Warehouse of Deposit, in addition to the provisions of rule 7.1.1. (RGCE 2020: Regla 7.1.1), with the exception of sections VIII, X, XI and XIV, they must comply with the provisions of rule 7.1.4. (RGCE 2020: Regla 7.1.4), first paragraph, section I, as well as the following:

a) Have a valid authorization to provide the merchandise storage service under the fiscal deposit regime in accordance with rule 4.5.1. (RGCE 2020: Regla 4.5.1) and not be subject to a cancellation procedure.

b) Submit the format called "Profile of the General Warehouse of Deposit " of Annex 1 (RGCE 2020: Anexo 1), for each premises, facility, warehouse or branch that the general warehouse of deposit determines to be part of its registry, provided that they have authorization to provide the merchandise storage service destined for the fiscal deposit regime in accordance with rule 4.5.2. (RGCE 2020: Regla 4.5.2)

c) Have provided the merchandise storage service under the fiscal deposit regime, at least 2 years prior to the submission of the request.

The interested parties must allow the inspection of the authority to their facilities when it requires it and, where appropriate, the inspection of the facilities of other Certified Commercial Partners that participate in the handling of foreign trade merchandise, in order to verify that it complies with the provisions of the minimum security standards, contemplated in the corresponding Profile format, as well as to verify the information and documentation indicated.

When, as a result of the inspection visit, there are breaches related to the minimum standards in terms of safety, contemplated in the corresponding Profile format, the applicant may correct said breaches before issuing the resolution established in rule 7.1.6. (RGCE 2020: Regla 7.1.6), for which it will have a maximum period of 3 months from the notification of the indicated breaches. In the event that the authority determines that it does not correct the breaches detected, the interested parties may carry out the application process again within a period of 6 months, counted from the issuance of the resolution.

Law 14 (LA: Art. 14), 14-A (LA: Art. 14A), 119 (LA: Art. 119), 119-A (LA: Art. 119A), 159 (LA: Art. 159), 164 (LA: Art. 164), 165 (LA: Art. 165), 166 (LA: Art. 166), Regulation 222 (RLA: Art. 222), 233 (RLA: Art. 233), General Rules of Foreign Trade (RGCE) 1.2.1. (RGCE 2020: Regla 1.2.1), 2.4.4. (RGCE 2020: Regla 2.4.5), 4.5.1. (RGCE 2020: Regla 4.5.1), 4.5.2. (RGCE 2020: Regla 4.5.2), 7.1.1. (RGCE 2020: Regla 7.1.1), 7.1.4. (RGCE 2020: Regla 7.1.4), 7.1.6. (RGCE 2020: Regla 7.1.6), 7.1.7. (RGCE 2020: Regla 7.1.7), 7.2.1. (RGCE 2020: Regla 7.2.1), Annex 1 (RGCE 2020: Anexo 1)