FOREIGN TRADE LAW
Official Journal of the Federation 27 July 1993
Last published reform DOF December 21, 2006
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, to its inhabitants known:
That the H. Congress of the Union has served to address the following
" THE CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
FOREIGN TRADE LAW
Article 1o.- This Law is intended to regulate and promote foreign trade, to increase the competitiveness of the national economy, to promote the use of "efficient" of the country's productive resources, properly integrate the Mexican economy with the international economy, defend the productive plant of unfair practices of international trade and contribute to the elevation of the population's well-being.
Article 2o.- The provisions of this Law are of public order and of application throughout the Republic, without prejudice to the provisions of the treaties or conventions of which Mexico is a party. The application and interpretation of these provisions correspond, for administrative purposes, to the Federal Executive through the Ministry of Economy.
Article 3o.- For the purposes of this Act, it is understood by:
I. Secretariat, the Secretariat of Economics;
II. Commission, the Foreign Trade Commission;
III. Compensatory quotas, those which apply to goods imported under conditions of price or subsidy discrimination in their country of origin, in accordance with the provisions of this Law;
IV. Rules, the general rules issued by the Secretariat, on non-tariff regulations and restrictions and external trade programs and instruments, and
V. Regulation, the Regulation of this Law.
When this Act relates to time-limits, it shall be a matter of working days, and when it relates to months or years, months or calendar years shall be understood.
Faculties of the Federal Executive, the Ministry of Economy and the Auxiliary Commissions
Federal Executive Faculties
Article 4o.- The Federal Executive will have the following powers:
I. Create, increase, decrease or delete tariffs, by means of decrees published in the Official Journal of the Federation, in accordance with Article 131 of the Political Constitution of the United Mexican States;
II. Regular, restrict or prohibit the export, import, circulation or transit of goods, when deemed urgent, by decrees published in the Official Journal of the Federation, in accordance with Article 131 of the Political Constitution of the United Mexican States;
III. Establish measures to regulate or restrict the export or import of goods through agreements issued by the Secretariat or, where appropriate, jointly with the competent authority, and published in the Official Journal of the Federation;
IV. Establish measures to regulate or restrict the movement or transit of foreign goods by the national territory from and abroad through agreements issued by the competent authority and published in the Official Journal of the Federation;
V. Driving international trade negotiations through the Secretariat, without prejudice to the powers that correspond to other dependencies of the Federal Executive;
VI. Coordinate, through the Secretariat, the participation of the agencies and entities of the Federal Public Administration and the governments of the states in the activities of promoting foreign trade, as well as arrange actions in the field with the private sector, and
VII. Coordinate, through the Secretariat, that the agencies and entities of the Federal Public Administration that administer or control a non-tariff restriction or regulation are interlinked electronically with the Secretariat and with the Secretariat of Finance and Public Credit.
Faculties of the Economy Secretariat
Article 5o.- They are the faculties of the Secretariat:
I. Study, project and propose to the Federal Executive the tariff modifications;
II. Handling and resolving investigations into safeguard measures, as well as imposing measures resulting from such investigations;
III. Study, project, establish and modify non-tariff regulation and restriction measures for the export, import, movement and transit of goods;
IV. Set the source rules;
V. Grant previous permissions and assign export and import quotas;
VI. Set the country of origin marking requirements;
VII. To process and resolve investigations in the field of unfair international trade practices, as well as to determine the compensatory quotas resulting from such investigations;
VIII. Advising Mexican exporters involved in overseas investigations in the field of unfair international trade practices and safeguard measures or in any other procedure than A restriction on imports may result in other countries;
IX. Coordinate international trade negotiations with the competent agencies and, when requested by the Secretariat, with the productive sectors;
X. To issue administrative provisions in compliance with international trade agreements or conventions to which Mexico is a party;
XI. Establish the programs and mechanisms for promoting and promoting exports, as well as the provisions governing them, listening to the productive sectors and institutions promoting the public and private sectors;
XII. To issue rules laying down general provisions in the field of their jurisdiction, as well as the criteria necessary for compliance with international trade laws, agreements or treaties, decrees, regulations, agreements and other general arrangements for their competence, and
XIII. The others expressly entrust you with laws and regulations.
Article 6o.- The Foreign Trade Commission shall be a mandatory consultation body for the agencies and entities of the Federal Public Administration in respect of matters to referred to in Article 4 (1) to (V). of this Law. This Commission shall be responsible for issuing an opinion on foreign trade matters in accordance with the provisions of this Law.
Likewise, the agencies and entities of the Federal Public Administration must make public, in terms of the Federal Law of Transparency and Access to Government Public Information and the Federal Administrative Procedure Law, the preliminary draft provisions arising out of this Law. The business organizations recognized by the Law of Chambers and their Confederations in their character of bodies of public interest, as well as the associations, institutions and groupings that coordinate them in front of the Federal Government, that represent at national level the interests of the industrial, commercial, agricultural, services and customs union of the country, as well as any other interested, may issue an opinion on the above mentioned projects.
The Commission shall review, ex officio or at the request of the bodies referred to in the preceding paragraph, the measures for regulating and restricting foreign trade which are find in force, in order to recommend the modifications to be made. You can also hold public hearings with stakeholders.
Article 7o.- The Joint Commission for the Promotion of Exports will assist the Federal Executive in relation to the faculty referred to in the section VI of the Article 4 of this Law.
This Commission shall be responsible for analysing, evaluating, proposing and concluding actions between the public and private sectors in the field of exports of goods and services; to facilitate, promote, diversify and consolidate the commercial exchange, as well as the strengthening of the national productive plant.
Article 8o.- The chair and the technical secretariat of both committees will be in charge of the Secretariat. The Federal Executive will determine the agencies, entities and agencies that will integrate each commission and regulate its operation.
Article 9o.- The origin of the goods may be determined for the purposes of tariff preferences, marking of country of origin, application of compensatory quotas, quotas and other measures to be put in place. The origin of the goods may be national, if one is considered a single country, or regional, if more than one country is considered.
The origin of the goods shall be determined in accordance with the rules laid down by the Secretariat or, where appropriate, for the purposes to be determined, in accordance with the rules laid down in international treaties or conventions to which Mexico is a party.
Article 10.- The rules of origin must be submitted in advance to the opinion of the Commission and published in the Official Journal of the Federation. These rules will be established under any of the following criteria:
I. Change of tariff classification. In this case, the subheadings or headings of the tariff nomenclature of the harmonised system referred to in the rule shall be specified;
II. National or regional content. In this case the calculation method and the corresponding percentage shall be indicated, and
III. Production, manufacturing, or processing. In this case, the operation or production process which confers origin on the goods shall be specified precisely.
The Secretariat may use additional criteria when the above criteria cannot be met, which must be specified in the respective source rule.
Article 11.- On the importation of goods subject to compliance with rules of origin, the importer shall verify its origin in the time and form established in the applicable orders. It will be up to the Secretariat of Finance and Public Credit to monitor and verify compliance with the rules of origin.
TARIFFS AND MEASURES OF NON-TARIFF REGULATION AND RESTRICTION ON FOREIGN TRADE
Article 12.- For the purposes of this Law, the duties are the fees of the general export and import tax rates, which may be:
I. Ad-valorem, when expressed in percentage terms of the customs value of the merchandise.
II. Specific, when they are expressed in monetary terms per unit of measure, and
III. Mixed, in the case of the combination of the previous two.
Article 13.- The duties referred to in the previous article may adopt the following modalities:
I. -Cupo, where a tariff level is established for a certain quantity or value of goods exported or imported, and a different rate for exports or imports of those goods exceeding that amount;
II. Seasonal duty, when different tariff levels are established for different periods of the year, and
III. The others that the Federal Executive points out.
Article 14.- Different tariffs may be imposed on the general export and import tax rates when they are established. international trade agreements or conventions to which Mexico is a party.
Non-tariff throttling and restriction measures
Article 15.- Measures of non-tariff regulation and restriction on the export of goods, referred to in section III of the article 4. of this Law, may be established in the following cases:
I. To ensure the supply of products for the basic consumption of the population and the supply of raw materials to domestic producers or to regulate or control non-renewable natural resources of the country, according to the internal market needs and international market conditions;
II. In accordance with the provisions of international treaties or conventions to which Mexico is a party.
III. In the case of products whose marketing is subject, by constitutional provision, to specific restrictions;
IV. When it comes to preserving the fauna and flora at risk or danger of extinction or to ensure the conservation or exploitation of species;
V. When it is necessary to preserve the goods of historical, artistic or archaeological value, and
VI. When it comes to situations not provided for by Mexican official standards regarding national security, public health, plant health or ecology, according to the legislation in the field.
Article 16.- Measures of non-tariff regulation and restriction on the import, movement or transit of goods referred to in the Articles III and IV of the Article 4., may be established in the following cases:
I. When temporarily required to correct balance of payments imbalances, according to international treaties or conventions to which Mexico is a party;
II. To regulate the entry of used, waste products or that lack substantial market in their country of origin or provenance;
III. Pursuant to the provisions of international treaties or conventions to which Mexico is a party;
IV. In response to restrictions on Mexican exports unilaterally applied by other countries;
V. Where it is necessary to prevent concurrency to the internal market for goods under conditions involving unfair practices of international trade, as provided for in this Law, and
VI. When it comes to situations not provided for by Mexican official standards regarding national security, public health, plant health or ecology, according to the legislation in the field.
Article 17.- The establishment of measures of non-tariff regulation and restriction on the export, import, movement or transit of goods, to which the Sections III and IV of the Article 4o., they must submit to the opinion of the Commission and be published in the Official Journal of the Federation. The dependencies of the Federal Executive to issue or enforce these measures shall be published in the Journal Official of the Federation the procedures for their issue or compliance, and inform the Commission about the administration of those measures and procedures.
Measures for the non-tariff regulation and restriction on the export and import of goods, as referred to in Article 4 (III), shall be issued by agreement of the Secretariat or, where appropriate, jointly with the competent authority. These measures shall consist of prior permits, maximum quotas, country of origin marking, certifications, compensatory quotas and other instruments deemed appropriate for the purposes of this Law. The compensatory quotas will only apply in the case provided for in the fifth paragraph of the previous Article.
Article 17 A.- Non-tariff restrictions and regulations must be met in accordance with the applicable laws.
Such compliance shall be demonstrated by means of documents containing security measures or through electronic means, or both, as determined by the Secretariat, together with the Federal Public Administration's Dependencies and Entities, with the exception of those that have been agreed with countries with which Mexico has signed an agreement or a free trade agreement.
The documents referred to in this Article shall accompany the request submitted to the customs office through the customs agent or agent, in the words of customs legislation.
Article 18.- In the cases provided for in Article 15 and Article 16 (I) and (II) and Article 16, the Commission's assessment shall be based on an economic analysis, developed by the corresponding dependency, of the costs and benefits deriving from the application of the measure. This analysis will take into account, among others, the impact on the following factors: prices, employment, competitiveness of the production chains, government revenues, profits of the productive sector, cost of the measure for the consumers, variety and quality of the available supply and level of competition from the markets.
Article 19.- By way of derogation from Article 17, the competent Federal Executive's offices may establish non-tariff regulatory or restriction measures to the export, import, movement or transit of goods in the cases provided for in Article 15 (3) to (VI) and Article 16 (6) without submitting them to the opinion of the Commission, provided that:
I. It is an emergency situation likely to produce damage that is difficult to repair, if the procedure laid down in Article 17 is followed;
II. The Commission is notified;
III. Be published in the Official Journal of the Federation, where appropriate, by agreement of the holder of the respective dependency, and
IV. The validity of the measure shall be limited to a maximum period of 20 days from the first act of application of the measure, within which that measure and, where appropriate, the issue of the official Mexican emergency rule, in the terms of the Legislation in this field shall be subject to the procedure laid down in Article 17.
Article 20.- In any case, goods subject to non-tariff restrictions or regulations shall be identified in terms of their tariff fractions and nomenclature. corresponds to the respective tariff.
Article 20 A.- The Secretariat shall accept electronic signature certificates issued by certification service providers who are accredited to the terms of the Trade Code, as well as those issued by it, for the purposes of the formalities and notifications relating to non-tariff regulations and the programmes provided for in this Law.
Previous permissions, quotas, and country of origin markup
Article 21.- It is for the Secretariat to hold the export and import of goods to prior permits and issue them according to the following:
I. The submission of prior permits must be submitted to the Commission's opinion;
II. The format of the requests, as well as the information requirements and procedures for processing must be published in the Official Journal of the Federation;
III. The issue shall be resolved within a maximum of 15 days;
IV. The permits shall indicate the modalities, conditions and validity to which they are subject, as well as the value and quantity or volume of the goods to be exported or imported and the other data or requirements that are necessary, and
V. The other procedures laid down in the Regulation.
Article 22.- No previous permissions will be used to restrict:
I. The importation of goods in the case provided for in Article 16 (V) of this Law, or
II. The export, import, circulation or transit of goods in order to comply with the provisions of Mexican official standards.
Article 23.- The amount of a commodity that may be exported or imported, either maximum or within a quota, is understood to be for export or import. The administration of the quotas can be done through previous permissions.
The Secretariat will specify and publish in the Official Journal of the Federation the amount, volume or total value of the quota, the requirements for the submission of applications, the validity of the relevant licence and the procedure for its allocation between the exporters or importers concerned. The determination, modifications and procedures for the allocation of quotas shall be submitted in advance to the opinion of the Commission.
For the determination of the volume or value of the quotas, the Secretariat will take into account the conditions of supply and the national offer of the product subject to quotas, listening the opinion of the members of the production chain.
Article 24.- The quotas shall be allocated by means of public tender, for which shall be issued convocation in order that any natural or moral person present proposals to acquire part or all of the quota allocated to certain export or import goods.
However, the Secretariat may, in a well-founded and reasoned manner, opt for other allocation procedures that promote the competitiveness of production chains and guarantee a appropriate access to new applicants. In addition, the procedures for allocating quotas may be determined in international treaties or conventions to which Mexico is a party.
In any event, the allocation of quotas between importers or exporters shall be made in accordance with administrative procedures which do not, by themselves, constitute an obstacle to trade.
Article 25.- The Secretariat, after consulting the Commission, may require that a commodity imported into the national territory should have a country of origin marking where it is indicated. the name of that country.
Other measures to regulate foreign trade and official Mexican standards
Article 26.- In any case, the importation, circulation or transit of goods shall be subject to the Mexican official rules in accordance with the law of the matter. No standardisation provisions may be established for the import, movement or transit of goods other than official Mexican standards. Goods subject to official Mexican standards shall be identified in terms of their tariff and nomenclature fractions corresponding to the respective tariff.
The Secretariat will determine the Mexican official rules that the customs authorities must enforce at the point of entry of the goods into the country. This determination shall be submitted in advance to the opinion of the Commission and published in the Official Journal of the Federation.
Article 27.- Any other administrative measure of Federal Public Administration agencies and entities, which is intended to regulate or restrict trade the country's foreign trade and the movement or transit of foreign goods must be subject to the Commission's opinion prior to its issue, in order to seek its best coordination with the tariff and non-tariff measures provided for in this Law.
UNFAIR INTERNATIONAL TRADE PRACTICES
Article 28.- Unfair practices of international trade are considered the importation of goods under conditions of price discrimination or subsidies in the exporting country, whether the country of origin or the country of origin, causing damage to a domestic production branch of identical or similar goods under the terms of Article 39 of this Law. Natural or moral persons who import goods under conditions of unfair international trade practices shall be obliged to pay a compensatory fee in accordance with the provisions of this Law.
Article 29.- The determination of the existence of price or subsidy discrimination, of the damage, of the causal relationship between the two, as well as the The establishment of compensatory quotas will be carried out through an investigation under the administrative procedure provided for in this Law and its regulatory provisions.
The damage test shall be provided as long as in the country of origin or provenance of the goods in question there is reciprocity. Otherwise, the Secretariat may impose compensatory quotas without the need to determine the existence of damage.
Article 30.- The importation under conditions of price discrimination consists in the introduction of goods into the national territory at a price below its normal value.
Article 31.- The normal value of goods exported to Mexico is the comparable price of an identical or similar commodity that is destined for the domestic market of the country of origin in the course of normal business operations.
However, when no sales of identical or similar merchandise are made in the country of origin, or where such sales do not allow a valid comparison, it will be considered as normal value:
I. The comparable price of an identical or similar merchandise exported from the country of origin to a third country in the course of normal business operations. This price must be the highest, provided it is a representative price, or
II. The value rebuilt in the country of origin that will be obtained from the sum of the cost of production, general expenses and a reasonable utility, which must correspond to normal commercial operations in the country of origin.
Article 32.- Commercial operations that reflect market conditions in the country of origin and that have been performed are understood by normal commercial operations. typically, or within a representative period, between independent buyers and sellers.
For the calculation of normal value, sales in the country of origin or export to a third country may be excluded if the Secretariat determines that such sales reflect sustained losses. Such transactions shall be treated as such transactions, the prices of which do not cover the costs of production and the overhead costs incurred in the course of normal business operations in a reasonable period, which may be wider than the period investigation.
When operations in the country of origin or export to a third country that generate profits are insufficient to qualify as representative, the normal value must be set according to the reconstructed value.
Article 33.- In the case of imports originating in a country with a centrally planned economy, the price of the identical or similar merchandise in a third country shall be taken as the normal value of the goods country with a market economy, which can be considered as a substitute for the country with a centrally planned economy for research purposes. The determination of the normal value shall be made in accordance with the provisions laid down in the preceding Articles.
A centrally planned economy, unless it proves otherwise, is one that does not reflect market principles. The Secretariat may determine, for each sector or industry under investigation, whether it operates under market principles. The above determinations shall be made by the Secretariat as provided for in the Regulation.
Article 34.- When a commodity is exported to Mexico from an intermediary country, and not directly from the country of origin, the normal value will be the comparable price of goods. identical or similar in the country of provenance.
However, when the commodity in question only transits, there is no or no comparable price in the country of export, normal value will be determined on the basis of the price on the market of the country of origin.
Article 35.- When an export price cannot be obtained or when, in the case of the Secretariat, the export price is not reliable because there is a The price may be calculated on the basis of the price at which the imported products are resold for the first time to an independent buyer in the territory of the exporter and the importer or a third party. national, or if the products are not resold to an independent buyer or are not the same state in which they were imported, on a reasonable basis that the authority determines.
Article 36.- For the export price and normal value to be comparable, the Secretariat shall make adjustments to, inter alia, the terms and conditions of sale, differences in quantities, physical differences or differences in tax charges. Where an interested party requests a particular adjustment, it shall be the responsibility of that party to provide the relevant evidence.
Article 37.- For the purposes of this Act, it is understood by grant:
I. The financial contribution granted by a foreign government, its public or mixed bodies, its entities, or any regional, public or mixed body made up of several countries, directly or indirectly, to a production company or branch or to a group of undertakings or branches of production and thereby giving a benefit;
II. Some form of income support or price support and that will benefit you.
Grants are considered, for example, as referred to in Annex I to the Agreement on Subsidies and Compensatory Measures.
Article 38.- When calculating the amount of the subsidy received for the foreign merchandise exported to Mexico, the total of the export taxes, duties or other taxes will be deducted. the charges for the export of the goods in the country of origin intended to neutralise the subsidy.
DAMAGE TO A NATIONAL PRODUCTION BRANCH
Article 39.- For the purposes of this Law, damage shall be understood, except for the concept of serious damage to safeguard measures:
I. Material damage caused to a national production branch;
II. A threat of damage to a national production branch; or
III. A delay in creating a national production branch.
In the administrative investigation, it will be necessary to prove that the imports under conditions of discrimination of prices or subsidies, cause damage to the production branch national, in the terms of this Act.
The Secretariat will consider other factors of knowledge, other than imports under conditions of price discrimination or subsidies, which could affect the national production branch. The effect caused by such factors shall not be attributed to imports under conditions of price discrimination or subsidies.
Article 40.- For the determination of the existence of damage, the national production branch shall mean the total of the national producers of the goods identical or similar, or those whose joint production constitutes an important proportion of total national production.
However, where producers are related to exporters or importers or are themselves importers of the goods which are the subject of discrimination against prices or subsidies, the expression 'national production' may be interpreted as referring to the other producers.
When all the producers are related to the exporters or importers or are themselves importers of the goods which are the subject of discrimination (a) prices or subsidies may be regarded as a national production branch of the manufacturers of the goods produced in the immediate preceding stage of the same continuous line of production.
Article 41.- The determination of the existence of material damage to the national production branch shall be made by the Secretariat taking into account:
I. The import volume of the goods subject to price discrimination or subsidies. In this respect, it shall consider whether there has been a significant increase of the same, in absolute terms or in relation to the country's domestic production or consumption;
II. The effect that on the prices of identical or similar goods on the internal market causes or may cause the importation of the goods discrimination in prices or subsidies. To this end, the Secretariat must consider whether the imported goods are sold on the domestic market at a price significantly lower than that of identical or similar goods, or if the effect of such imports is to lower the price of another mode, the prices to a significant extent or to prevent the increase in the same measure that otherwise would have occurred;
III. The effect caused or liable to cause such imports on the domestic production branch in question, considering the economic factors and indices relevant to the state of that domestic production branch, such as actual or potential decrease in sales, profits, production volume, market share, productivity, performance of the investments or the use of installed capacity; which have an impact on domestic prices; where appropriate, the magnitude of the price discrimination margin; actual or potential negative effects on cash flow, stocks, employment, wages, growth, the ability to meet capital or investment. This enumeration is not exhaustive and none of these factors will necessarily suffice to obtain a decisive orientation; and
IV. The other items deemed appropriate by the Secretariat, or where appropriate, provide national production.
Article 42.- The determination of the existence of a threat of damage to the national production branch will be made by the Secretariat taking into account, among others, the The following factors:
I. A significant rate of increase in the import of goods subject to price discrimination or subsidies on the domestic market indicating the likelihood of a substantial increase in prices;
II. A sufficient freely available capacity of the exporter or an imminent increase and substantial of the same as indicating the likelihood of a substantial increase in exports subject to price discrimination or subsidies to the Mexican market, taking into account the existence of other export markets which may absorb the possible increase in such exports;
III. If imports are made at prices that will have the effect of lowering or contain the rise in domestic prices significantly, and will likely increase the demand for new imports;
IV. The existence of the merchandise under investigation;
V. Where appropriate, the nature of the grant in question and the effects it is likely have on the trade, and
VI. Other items deemed appropriate by the Secretariat, or if applicable, provide national production.
None of these factors alone will necessarily suffice for the determination of a threat of harm, but all of them together have to lead to the conclusion of the the imminence of new exports subject to price or subsidy discrimination and that, if compensatory quotas are not applied, there would be damage in the terms of this Law.
The determination of the existence of threat of harm will be based on facts and not simply on pleadings, conjectures or remote possibilities.
Article 43.- For the determination of damage, the Secretariat may accumulate the volume and effects of imports of the identical or similar merchandise. from two or more countries subject to investigation.
Article 44.- To determine the existence of damage to a national production branch, the national territory may be divided into two or more competing markets and the producers in each market may be regarded as a different production branch if:
I. The producers of that market sell all or almost all of their production of the goods in question on that market, and
II. On that market demand is not covered in substantial degree by producers of the the goods in question situated elsewhere in the territory.
In such circumstances, the Secretariat may consider that there is damage, even if an important portion of the domestic production branch is not harmed. total, provided that there is a concentration of imports subject to price discrimination or subsidies in that isolated market and that, in addition, such imports cause damage to the producers of all or almost all of the production in that market.
Article 45.- The safeguard measures are those that, in the terms of section II of the article 4., they regulate or temporarily restrict imports of identical, similar or directly competing goods to domestic production to the extent necessary to prevent or remedy the serious damage to the domestic production branch of the treat and facilitate the adjustment of national producers.
These measures will only be imposed when it has been found that imports have increased in such quantity, in absolute terms or in relation to production national, and are carried out under such conditions as to cause or threaten to cause serious harm to the national production branch concerned.
The safeguard measures may consist of, inter alia, specific or ad valorem duties, prior permits or quotas, or some combination of the above.
For the determination of the existence of serious damage or threat of serious damage, the national production branch shall mean the set of national producers of the identical or similar or directly competing goods or those whose joint production constitutes an important proportion of the total national production of those goods.
Article 46.- Serious Damage is the significant general impairment of a national production branch. Threat of serious harm is the clear imminence of serious damage to a national production branch.
Article 47.- The determination of serious damage or threat of serious damage, of its causal relationship to increased imports and the establishment of safeguard shall be carried out through an investigation in accordance with the administrative procedure provided for in this Law and its regulatory provisions.
When there are factors other than the increase in imports that at the same time cause serious damage to the domestic production branch, this damage will not be attributed to the increase of the imports.
Article 48.- To determine whether the increase in imports has caused or threatens to cause serious damage to a national production branch, the Secretariat will collect all relevant information and shall assess all relevant factors of a objective and quantifiable nature which relate to the situation of the national production branch of identical or directly competing identical goods. This information should include:
I. The pace and the amount of the increase in imports of the good in question absolute or relative terms;
II. The share of the internal market absorbed by rising imports;
III. Changes in sales, production, productivity, utilization of the installed capacity, gains or losses, employment and prices, and
V. Other items deemed necessary by the Secretariat.
Serious damage threat determination will be based on facts and not simply on pleadings, guesses, or remote capabilities.
PROCEDURE FOR UNFAIR PRACTICES OF INTERNATIONAL TRADE AND SAFEGUARD MEASURES
COMMON PROVISIONS TO THE PROCEDURES
Article 49.- The procedures of investigation in the field of unfair practices of international trade and safeguard measures will be initiated at special circumstances where the Secretariat has sufficient evidence of price or subsidy discrimination, damage and causal relationship; or at the request of a party, as set out in the following Article.
In the investigation procedures referred to in this Title, an administrative file shall be integrated, in accordance with which the administrative decisions shall be issued which correspond.
Article 50.- The application may be filed by legally constituted organizations, physical or moral persons producing:
I. For goods identical or similar to those that are being imported or intended to be imported under conditions of unfair international trade practices, or
II. In the case of safeguard measures, of identical goods, similar or directly competitors to those who are importing in such quantity and under such conditions as to cause serious harm or threat of serious harm to the national production branch.
Applicants shall be representative of at least 25% of the total production of the identical or similar commodity, or directly competing, produced by the national production branch.
In the relevant application, it must be made in writing before the competent authority and in protest of the truth of the arguments underlying the need to apply quotas. compensatory measures or safeguard measures. The application shall comply with the requirements laid down in the Regulation. Applicants shall have the obligation to accompany in writing the forms to be established by the Secretariat for that purpose.
Article 51.- It is considered to be an interested party to the applicant producers, importers and exporters of the goods under investigation, as well as to the moral persons foreign nationals who have a direct interest in the investigation in question and those who have such a character in international trade agreements or conventions.
The legal representatives of the interested parties who appear in the investigation procedures on unfair practices of international trade and measures of safeguard, require professional title and cede in the terms of Mexican legislation, with the exception of those who belong to the board of directors of the same or its equivalent, and designate a conventional address to receive notifications in Mexico.
Article 52.- From the submission of the application the Secretariat shall:
I. Within 25 days, accept the request and declare the investigation to be initiated through the respective resolution; or
II. Within 17 days, requiring the applicant for further test or data elements, which must be provided within 20 days counted from the receipt of the prevention. If required, the Secretariat shall proceed in accordance with the provisions of the previous section. If the required elements and data are not provided in time and form, the application shall be abandoned and the applicant shall be notified personally, or
III. Within 20 days, discard the application when the requirements laid down in the applicable legislation are not met, through the resolution respective.
The Secretariat will publish the corresponding resolution in the Official Journal of the Federation, except for the case of disposal, and notify the parties interested in having knowledge.
Article 53.- From the day following that in which the investigation initiation resolution is published in the Official Journal of the Federation, the The Secretariat shall notify the interested parties that it has knowledge to show that they are aware of what is appropriate.
A copy of the application submitted and of the annexes which do not contain confidential information or, where appropriate, of the respective documents shall be sent with the notification ex officio investigations.
Interested parties will be given to whom the forms used in an investigation are sent, a period of 23 days for the submission of the arguments, information and evidence as provided for in the applicable legislation. The time limits given to interested parties shall be counted from the date of receipt of the form, which shall be deemed to have been received 5 days after the date on which it was sent to the addressee or transmitted to the representative. competent diplomat of the government of the exporting country, or in the case of a different customs territory, to an official representative of the exporting territory.
Article 54.- The Secretariat may require interested parties to provide evidence, information and data that it deems relevant, for which it shall be valid for set the same.
If the requirement referred to in the preceding paragraph is not satisfied, the Secretariat shall settle in accordance with the information available.
Article 55.- The Secretariat may require the producers, distributors or traders of the goods concerned, as well as the customs agents, agents, proxies or consignors of the importers, or any other person whom it considers appropriate, the information and data available to them.
Article 56.- Interested parties in an investigation shall send to the other interested parties copies of each of the reports, documents and means of evidence which submit to the authority in the course of the proceedings, except for the confidential information referred to in the Article 81.
International Trade Unfair Practices Procedure
Item 57.- Within 90 days, counted from the day following the publication of the investigation start resolution on the Official Journal of the Federation, the Secretariat will dictate the preliminary resolution, through which you can:
I. To determine provisional compensatory amounts prior to the completion of the formalities of the procedure and provided that they have elapsed at least 45 days after the publication of the decision initiating the investigation into the Official Journal of the Federation;
II. Do not impose provisional compensatory quota and continue with the administrative investigation, or
III. To terminate the administrative investigation when there is insufficient evidence of the discrimination of prices or subsidies, of the alleged damage or of the causal relationship between the two.
The preliminary resolution must be published in the Official Journal of the Federation and subsequently be notified to interested parties knowledge.
Article 58.- Termination of the investigation into unfair practices of international trade, the Secretariat will have to submit to the opinion of the Commission the draft final resolution.
Item 59.- Within 210 days, counted from the day after the publication in the Official Journal of the Federation of the Resolution of initiation of the investigation, the Secretariat will dictate the final resolution. Through this resolution, the Secretariat shall:
I. Impose definitive compensatory quota;
II. Revoke the interim compensatory fee, or
III. Declare the investigation terminated without imposing compensatory fees.
The final resolution must be published in the Official Journal of the Federation and then be notified to interested parties that they are aware.
Item 60.- Repealed
Article 61.- In the course of the administrative investigation the interested parties may request the Secretariat to hold a conciliation hearing. In this hearing, formulas for the solution and conclusion of the investigation may be proposed, which, if necessary, will be sanctioned by the Secretariat itself and incorporated in the respective resolution that will have the character of a resolution. final. This resolution must be notified to the interested parties and published in the Official Journal of the Federation.
Article 62.- It is for the Secretariat to determine the compensatory quotas, which will be equivalent, in the case of price discrimination, to the difference between the value and the export price; and in the case of grants, the amount of the benefit.
Compensatory quotas may be less than the margin of price discrimination or the amount of the subsidy as long as they are sufficient to discourage the importation of goods under conditions of unfair international trade practices.
Article 63.- The compensatory quotas shall be considered as taking advantage of the terms of Article 3o. of the Fiscal Code of the Federation.
Article 64.- The Secretariat will calculate individual margins of price discrimination or subsidies for foreign producers who provide the Sufficient information for this purpose; these individual margins shall serve as a basis for the determination of specific compensatory quotas.
The Secretariat will determine a compensatory fee based on the margin of price discrimination or grants obtained based on the best available information from the facts of the knowledge, in the following cases:
I. When producers do not appear in the investigation; or
II. When producers do not present the required information in time and form, significantly impede the investigation, or present incomplete, incorrect or incomplete information or evidence from its accounting records, which does not allow for the determination of an individual margin of price or price discrimination grants; or
III. When producers have not made exports of the product object of investigation during the period under investigation.
The facts of the knowledge, the evidence and evidence provided in time and form by the interested parties shall be understood. interveners, as well as information obtained by the investigating authority.
Article 65.- The Secretariat of Finance and Public Credit will proceed to the collection of provisional and final compensatory payments. Such a dependency may accept the guarantees formed under the Federation's Fiscal Code, in the case of provisional countervailing quotas.
If the final settlement is confirmed, the provisional compensatory fee will be required, the payment of the quota will be required or, failing that, the guarantees that have been granted will be made effective. If the quota has been amended or revoked in that resolution, it shall be cancelled or amended, or, where appropriate, to give back, in the interests concerned, the quantities which have been found to be covered by the said concept or the difference respective.
Article 65 A.- In the case of price discrimination that causes damage to the national production branch, it is for the Secretariat to determine the application of the a definitive compensatory quota on the goods subject to investigation which have been imported during the three months preceding the date of application of the provisional measures when in relation to the product subject to discrimination Investigated prices, the authority determines:
a) That there is a history of price discrimination causing damage or that the importer knew or should have known that the exporter would incur price discrimination and which would cause harm, and
(b) The damage is caused by massive imports of a product that is subject to price discrimination, made in a relatively short period and the Secretariat considers that, because of its temporality, its volume and other circumstances (such as a rapid accumulation of stocks of the imported product), it is likely to seriously undermine the repairer effect of the definitive compensatory quota to be applied, provided that the importers concerned have been given the opportunity to comment.
In the case of subsidies that cause damage to the national production branch, where the subsidised product concerned is the research authority concludes that there is hardly any damage to the problem, i.e. where there are critical circumstances, caused by massive imports, carried out over a relatively short period, of a product benefiting from subsidies paid or granted in a manner incompatible with the applicable provisions and where, in order to prevent Once the damage has been incurred, it is considered necessary to retroactively receive compensatory quotas on these imports, it is for the Secretariat to determine the application of the definitive compensatory quota to the goods imported not more than three months before the date of application of the provisional measures.
Article 66.- Importers of a commodity identical or similar to that for which a provisional or definitive compensatory fee is to be paid shall not be required to be paid if they prove that the country of origin or origin is different from that of the goods subject to the compensatory quota.
Article 67.- The definitive countervailing quotas shall be in force for the time and to the extent necessary to counteract the damage to the production branch national.
Article 68.- The definitive countervailing quotas may be reviewed annually at the request of either party or at any time of office by the Secretariat, whether such quotas are subject to an alternative dispute settlement mechanism or to an administrative or judicial procedure.
In any case, the decisions declaring the initiation and the conclusion of the review shall be notified to the interested parties that they are aware and published. in the Official Journal of the Federation. In the review procedure the interested parties shall have participation and may assume the commitments referred to in Article 72 of this Law.
The corresponding resolutions confirming, modifying or revoking definitive countervailing quotas will also have the character of final resolutions and will be submitted to the opinion of the Commission.
Last paragraph is repealed.
Article 69.- When definitive countervailing quotas have been imposed to counteract the threat of damage caused by imports under conditions of discrimination prices or subsidies, the review shall include, where appropriate, an investment assessment which would not have been feasible without the compensatory quota. The compensatory fee may be revoked by the Secretariat in the event that the projected investment has not been made.
Article 70.- The definitive countervailing quotas will be eliminated within five years, counted from their entry into force, unless before they are concluded. This deadline has been initiated by the Secretariat:
I. An annual review procedure at the request of an interested party or of trade, in the to analyze both the price discrimination or the amount of the grants, as well as the damage.
II. An examination of the validity of an ex officio compensatory quota to determine whether the abolition of the compensatory fee would result in the continuation or repetition of the unfair practice.
If any of these procedures have not been initiated, the Secretariat shall publish a notice on the removal in the Official Journal of the Federation of the said quota, which shall notify the parties concerned that it has knowledge.
Article 70 A.- The Secretariat will publish in the Official Journal of the Federation a notice about the next expiration of the quota term compensatory measures, at least 45 days prior to their expiry, which must be notified to the national producers of the knowledge.
Article 70 B.- In order for the Secretariat to initiate an examination of the validity of compensatory quotas, one or more producers must express in writing to the The Secretariat shall be interested in the initiation of such examination and shall submit a proposal for an examination period of 6 months to one year from the time of validity of the compensatory quota, at least 25 days before the end of the period of validity of the compensatory quota.
Article 71.- They are not subject to the payment of compensatory fee or safeguard measure, the following goods:
I. The baggage of passengers on international travel;
II. Home menages belonging to immigrants and repatriated nationals or deported, which they have used during their residency abroad;
III. Those that matter to residents of the border strip for personal consumption;
IV. Those that are donated to be destined for cultural, teaching, and research, public health or social service, which is important for public bodies, as well as non-taxpayer moral persons authorised to receive deductible donations in income tax, provided that they form part of their assets, subject to authorisation by the Secretariat, and
V. Other than authorize the Secretariat.
In the assumptions of fractions I to III will be dealt with in the customs legislation.
Exporters of exporters and governments
Article 72.- When in the course of an investigation the exporter of the goods under conditions of unfair practices of international trade, voluntarily commits to The Secretariat may suspend or terminate the investigation without the application of compensatory quotas, or if the government of the exporting country removes or limits the subsidy in question. To this end, the Secretariat shall assess whether the harmful effect of the unfair practice is eliminated with such commitments or other analogues.
The Secretariat will not proceed in accordance with the foregoing unless it has preliminarily determined the existence of the unfair practice.
Article 73.- In case the Secretariat accepts the commitment of the exporter or government concerned, it will dictate the resolution that proceeds, declaring suspended or terminated the administrative investigation, which will be notified to interested parties and will be published in the Official Journal of the Federation. This resolution shall be submitted to the Commission's opinion in advance of its publication. The commitment assumed shall be incorporated in the relevant resolution together with the opinion of the Commission, in accordance with the provisions of Article 6. of this Law.
Article 74.- Compliance with these commitments may be reviewed periodically on its own initiative or at the request of a party. If, as a result of the review, the Secretariat notes its non-compliance, the investigation shall be restored and, where appropriate, the corresponding compensatory fee shall be imposed on the basis of the facts known by publication. in the Official Journal of the Federation of the respective resolution.
Safeguarding measures procedure
Determining safeguard measures
Article 75.- The determination of the safeguard measures must be made within a period not greater than 210 days, counted from the day after the publication in the Official Journal of the Federation of the resolution of initiation, and shall be subject to the provisions of the international treaties and conventions of which Mexico is a party.
Article 76.- Termination of the investigation for the application of safeguard measures, the Secretariat will send the final draft resolution to the Commission issue your opinion, prior to the publication of that resolution.
The resolution determining safeguard measures shall be published in the Official Journal of the Federation, which shall contain all relevant matters of fact and of the law, and other information referred to in the Regulation.
Article 77.- The validity of safeguard measures may be up to four years and may be extended for up to six years, provided the need is justified. of the same, taking into consideration the compliance of the national production adjustment program.
Article 78.- The Federal Executive may establish provisional safeguard measures within 20 days, counted from the day after the publication in the Journal. Federation Officer at the beginning of the investigation, as long as:
I. There are critical circumstances where any delay would be difficult to repair, and
II. Count on evidence that increased imports have caused or threatened to cause serious damage.
Article 79.- The duration of the provisional measures shall not exceed six months. Within this period, the provisions laid down in international treaties or conventions to which Mexico is a party shall be complied with. The final resolution confirming, modifying or revoking the provisional measures shall be published within six months of the day following the publication in the Official Journal of the Federation of the decision determining measures provisional.
If the provisional measures in the final resolution are confirmed or revoked, they will be made effective in their compliance or, where appropriate, with the return of the quantities, with the interest, which would have been known for that concept or the respective difference.
Other provisions common to procedures
Article 80.- The Secretariat will grant interested parties timely access to examine all information on the administrative file for the presentation of their arguments. Confidential information shall be available only to the accredited legal representatives of the interested parties, and to the natural or moral persons who, in accordance with the international treaties or conventions of which Mexico is a party, may have access to it. In any case, the Secretariat must be authorized. Confidential business information and confidential government information shall not be made available to any of the interested parties.
Persons authorized to access confidential information will not be able to use it for personal gain and will have an obligation to take all measures necessary to avoid any form of disclosure of the same. The violation of this precept will be sanctioned by the provisions of this Law, regardless of the civil and criminal sanctions that proceed.
During the investigation procedures referred to in this Title, at the request of the interested parties or their representatives, the Secretariat shall give timely access to the entire non-confidential information contained in the administrative file of any other investigation, after 60 days after the publication of the relevant final decision.
Article 81.- In the notification referred to in Article 53, the Secretariat shall communicate to the interested parties the conduct of a public hearing in which they may (a) to appear and present arguments in defence of their interests and, in the case of safeguard measures, to present the relevant evidence. Interested parties may, at that hearing, question the other interested parties. In the case of investigations against unfair international trade practices, the hearings will be held after the publication of the preliminary ruling and before the publication of the final resolution.
Article 82.- Interested parties may offer all kinds of evidence except that of the confession of the authorities, or those deemed to be contrary to public order, to the moral or good manners.
The Secretariat may, at all times, agree to the practice, repetition or extension of any evidentiary diligence provided that it is deemed necessary and conducive to the knowledge of the truth about the controversial facts. In addition, the Secretariat may carry out the necessary measures to provide the best information.
The Secretariat will open a period of submissions after the period of the offer of evidence to the effect that the interested parties will present their findings.
The agreements of the Secretariat for which some evidence is admitted will not be used in the course of the procedure.
Article 83.- The Secretariat will be able to verify the information and evidence presented in the course of the investigation and to do so in the administrative file, prior to the authorisation of the interested parties to whom it is determined to verify. For this purpose, you may notify in writing the conduct of visits at the tax office, establishment or location where the information is located.
The Secretariat may carry out the procedures it deems relevant in order to verify that such information and evidence are correct, complete and come from its accounting records, as well as collating the documents in the administrative file or making the necessary checks.
By means of natural or moral persons who are not required to carry accounting records in accordance with the law of the matter, they must prove the prior to the judgment of the Secretariat.
If as a result of the visit the Secretariat finds that the information presented in the course of the investigation by the verified physical or moral person, is not correct or complete or does not correspond to its accounting records, the Secretariat shall proceed in accordance with Article 64 of this Law.
Verification visits to persons domiciled abroad shall be made upon prior notification to the government of the country concerned, provided that the government does not object to the verification visit.
If the verification visit is not accepted, the Secretariat will act based on the facts that it has knowledge.
The verification visits to be carried out by the Secretariat must be carried out in working days and hours by personnel designated by the department itself. However, they may also be carried out in non-working days and hours where necessary, in which case the office for which the visit has been ordered shall express the relevant authorisation.
Of the visits must be raised in the presence of two witnesses proposed by the visited or, in their absence or refusal, by the authority that practice the diligence. These visits will be subject to the provisions of this Law.
Article 84.- The notifications referred to in this Law shall be made to the interested party or to his representative in his home in a personal manner, through certified mail with acknowledgement of receipt or any other direct means, such as that of specialised courier or through electronic means or any other technology. Notifications shall take effect on the working day following the day on which they were made. The regulation will establish the form and terms in which notifications will be made.
Article 85.- In the absence of any express provision in this Law concerning administrative procedures in the field of unfair international trade practices and measures The tax code of the Federation will be applied in a way that is consistent with the nature of these procedures. This provision shall not apply with regard to notifications and verification visits.
Article 86.- If in the course of the procedures referred to in this Title, the Secretariat considers that there are elements that allow it to assume that some of the the parties have engaged in monopolistic practices sanctioned in the terms of the law of the matter, will give the competent authority a view.
Article 87.- Countervailing quotas and safeguard measures may be determined in specific quantity or ad-valorem. If they are specific, they shall be calculated per unit of measure, with the equivalent of the national currency equivalent. If the value of the goods is calculated in percentage terms, the customs value of the goods shall be calculated.
Article 88.- When imposing a compensatory measure or proposing the application of a safeguard measure, the Secretariat will provide a timely defense to the national production.
Article 89.- The provisional and definitive countervailing quotas, as well as the safeguard measures, shall apply from the day following their publication in the Journal. Federation Officer.
The importers or their consignees shall be obliged to calculate in the corresponding import order the amounts of the provisional and definitive countervailing quotas, or safeguard, and to pay them, together with taxes on foreign trade, without prejudice to the fact that the provisional countervailing quotas are guaranteed in accordance with Article 65 and the definitive countervailing quotas in accordance with Article 65 (3) of the 98.
Article 89 A.- Defended a definitive compensatory fee, interested parties may request the Secretariat to resolve whether a commodity is subject to such a compensatory fee; if the application is made, it shall initiate a product coverage procedure within 20 days of the submission of the application; and shall issue the final decision within 60 days from its date of submission. start. These resolutions should be published in the Official Journal of the Federation.
Article 89 B.- It is considered circumvention of compensatory quotas or safeguard measures, the following:
I. The introduction into the national territory of inputs, parts or components in order to produce or perform assembly operations of the goods subject to quota compensation or safeguard measure;
II. The introduction into national territory of goods subject to compensatory quota or safeguard measures with inputs, parts or components integrated or assembled in a third country;
III. The introduction to the national territory of goods of the same country of origin as the goods subject to compensatory quota or safeguard measure, with relatively minor differences with respect to these;
IV. The introduction into national territory of goods subject to compensatory or safeguard measures, imported with a compensatory quota or measure of less than the corresponding safeguard; or
V. Any other conduct that results in non-compliance with the payment of the compensatory fee or the safeguard measure.
Goods that are imported under these conditions will pay the compensatory fee or will be subject to the corresponding safeguard measure. The circumvention of compensatory quotas or safeguard measures, preliminary or final, shall be determined by means of a procedure initiated on its own initiative or at the request of an interested party.
Article 89 C.- Interested parties may request the Secretariat, at any time, to clarify or specify a certain aspect of the resolutions for which definitive countervailing quotas are imposed.
Article 89 D.- Producers whose goods are subject to a definitive compensatory quota and who have not made exports of these goods during the period under investigation in the procedure which gave rise to the compensatory quota in question may ask the Secretariat to initiate a procedure for new exporters in order for the latter to rule on the individual margins of the price discrimination, provided that:
I. have carried out export operations to the national territory of the commodity subject to compensatory quotas after the period under investigation in the procedure leading to the compensatory quota in question, and
II. Prove that they have no connection with the producers or exporters in the exporting country to whom they have been given a compensatory quota specifies.
Article 89 E.- At the request of an interested party, the Secretariat shall apply to it the final decisions given as a result of an appeal for revocation, judgment of nullity or of a decision of the Secretariat to comply with an award issued by an alternative dispute settlement mechanism, provided that the interested party is in the same legal position as the one that obtained the favourable resolution.
The interested party must make an application within 30 days after the respective resolution is signed.
Article 89 F.- The Secretariat will publish in the Official Journal of the Federation the commencement of the review of the compensatory fee and notify the parties to which they are aware, so that within 28 days from the day following their publication in that information body, they shall state what is appropriate to them.
After this deadline, the parties will have 8 days to file counter-arguments or replicas to the manifest.
Domestic, exporting and importing companies that have a legal interest in the outcome of the examination will have to present the necessary information allow the authority to determine whether to remove the compensatory quota would be repeated or to continue the price discrimination or the subsidy, and the damage.
I. Within 100 days of the initiation of the investigation, the Secretariat will notify interested parties that they will be aware of the opening of a second probative period of 28 days, for the purpose of presenting the arguments and evidence to the right of his right.
II. Before issuing a final resolution, the Secretariat may conduct the verification visits it deems appropriate; it shall hold a public hearing and grant the parties a time limit to file submissions.
III. Termination the examination procedure, the Secretariat shall submit to the opinion of the Foreign Trade Committee the draft final resolution.
IV. The Secretariat will dictate the final resolution within a maximum of 220 days from the day following the publication of the resolution. start of the test in the Official Journal of the Federation, by which you can:
a. Determine the continuation of the currency of the compensatory fee for an additional five years from the due date. In this determination, the Secretariat may modify the amount of the compensatory fee.
b. Remove the compensatory quota.
For the duration of the validity review, the payment of compensatory fees will continue.
Article 90.- The promotion of exports will aim to consolidate and improve the quantitative and qualitative export of products. Mexican manufacturing, agroindustrial, services and technology in the international markets. To this end, annual programmes will be arranged with the representative bodies of productive sectors in order to make an effective allocation of resources.
Export promotion activities will look for:
I. Take advantage of achievements in international trade negotiations;
II. Facilitate export projects, with priority in support of micro, small and medium enterprises;
III. Contribute to solving the problems faced by companies to compete with international markets and establish a permanent program of deregulation and administrative simplification in the field of exports, including those derivatives of the dispute settlement mechanisms provided for in international treaties to which Mexico is a party;
IV. Provide expeditious foreign trade support services and the benefits that official export promotion programs establish, and
V. Other actions that expressly flag other laws or regulations.
The Secretariat may design, by means of agreements published in the Official Journal of the Federation, mechanisms for the coordination of promotional activities. The coordination of the promotion will aim to establish general guidelines for the effective performance, monitoring and evaluation of export promotion activities.
Article 91.- The Federal Executive, through the Secretariat, will establish the necessary measures and mechanisms for the implementation of the programs and instruments of external trade, so in coordination with the competent agencies, it must establish by means of decrees, programs of promotion linked to the infrastructure, training, coordination, organization, financing, fiscal and customs administration and modernisation of foreign trade, provided that they are internationally accepted practices.
The Secretariat shall also establish, by means of agreements, those measures necessary for the implementation of the programmes and instruments referred to in the paragraph previous.
Article 92.- The National Export Award will aim to recognize annually the effort of national exporters and institutions to support the export activity. The procedure for selecting the prize winners, the different categories of the prize, how to use it and the other provisions related to it will be laid down in the regulation.
VIOLATIONS, SANCTIONS, AND RESOURCES
Administrative penalties and penalties
Article 93.- It is for the Secretariat to sanction the following violations:
I. Falsify data or documents, as well as omit or alter them with fraudulent intent or gross negligence in the matter of origin verification, previous permits, quotas and marking of origin, with a fine equivalent to two so many of the value of the goods exported or imported and, in the absence of such data, for the amount of two or more of the value of the goods entered in the relevant document;
II. Allocate the imported goods to an end other than that for which the import permit was issued, in cases where this requirement has been established, with a fine of two or so of the value of the imported goods;
III. Provide false data or documents or omit the actuals or alter them to obtain the application of the countervailing quota system or safeguard measures, with a fine up to the value of the goods imported in the investigation period concerned;
IV. Skip the submission to the Secretariat of the documents or reports in the cases referred to in Article 55 within the time limit specified in the respective order, with a fine of 180 times the minimum wage;
VI. Disclose confidential information or use it for personal gain, in the terms of Article 80 of this Law or, in relation to dispute settlement mechanisms established in international treaties or conventions of the that Mexico is a party, with a fine proportional to the injury that is caused or to the benefit that is obtained by the disclosure or use of such information.
For the purposes of this article, the minimum wage will be the daily general in force in the Federal District at the time of the infringement.
For the application of the fine referred to in section VI of this article, the Secretariat shall take into account the seriousness of the infringement, the damages caused, as well as the history, personal circumstances and economic situation of the offender.
The fines referred to in this article will be imposed regardless of the applicable criminal and civil penalties, in the terms of applicable law. For the imposition of the fines, the alleged infringer must be heard beforehand.
Article 94.- The administrative appeal of revocation may be brought against the resolutions:
I. In the case of country of origin marking or which deny previous permits or participation in export or import quotas;
II. For source certification;
III. To declare the application for the initiation of the investigation procedures referred to in Article 52 (II) and (III) to be abandoned or disposed of;
IV. To declare the investigation completed without imposing a compensatory quota as referred to in Article 57 (III) and Article 59 (III;
V. To determine definitive countervailing quotas or the acts applying them;
VI. For which the requests of the interested parties referred to in Article 89 A are answered;
VII. To conclude the investigation referred to in Article 61;
VIII. To discard or conclude the review application referred to in Article 68, as well as those confirming, modifying or revoking definitive countervailing quotas referred to in the same Article;
IX. declaring the investigation referred to in Article 73 to be completed or terminated;
X. declaring the investigation referred to in Article 89 B to be completed;
XI. To conclude the investigation referred to in Article 89 F (IV), and
XII. To impose the sanctions referred to in this Law.
The remedies for revocation against decisions on certificates of origin and acts applying definitive countervailing quotas shall be imposed on the Secretariat of Finance and Public Credit. In other cases, the appeal shall be lodged with the Secretariat.
Article 95.- The action referred to in this Chapter is intended to revoke, amend or confirm the contested decision and the rulings that are to be made shall contain the claimed act, the legal basis on which they are supported and the points of resolution.
The appeal of revocation will be dealt with and will be resolved in accordance with the provisions of the Fiscal Code of the Federation, with its exhaustion necessary for the origin of the judgment before the Federal Court of Justice and Administrative Court.
Resolutions that are issued when the appeal is resolved or those that do not have it, may be challenged before the Federal Court of Justice Fiscal and Administrative, through trial that will be substantial in accordance with the provisions of the Fiscal Code of the Federation and the Organic Law of the Federal Court of Justice and Administrative Justice.
Non-appealed resolutions within the scope established in the Tax Code of the Federation shall be granted, and shall not be challenged before the Court Federal Tax and Administrative Justice.
Article 96.- In relation to the appeal of revocation against the resolutions and acts referred to in Article 94 (V), the provisions of this Article shall be Article 95 in which you do not object to the following rules:
I. It shall be brought before the authority which has issued the judgment, or against which it is executing it, unless the same appeal is contested in both cases, in which case it must be brought before the authority which determined the compensatory quotas;
II. If both are contested, the decision of the appeal against the determination of definitive countervailing quotas shall be made prior to the decision corresponding to the implementing acts. The competent authority to resolve the first shall send a copy of the decision to the authority empowered to resolve the latter. Where the determination of the definitive countervailing quotas is amended or revoked, the action brought against the acts of application of those quotas shall be without prejudice, without prejudice to the fact that the person concerned appeals against the new act of application;
III. If successive remedies are brought against the decision determining the compensatory quota and against the implementing acts, the processing of the latter shall be suspended. The appellant shall be obliged to give notice of the situation to the competent authorities for the purpose of knowing and resolving those resources. The suspension may be made even if the authority becomes aware of any cause of this situation, and
IV. When the judgment is brought before the Federal Court of Justice and Administrative Justice, challenging the judgment given in resolving the appeal of revocation The Court of Justice has held that, in the case of the Court of Justice of the European Union, the Court of Justice of the European Court of Justice of the European Court of First to formulate this last challenge.
Article 97.- In relation to the resolutions and acts referred to in Articles IV, V, VI and VIII of Article 94, any interested party may choose to use the alternative dispute settlement mechanisms for unfair practices. contents in international trade agreements of which Mexico is a party. From opting for such mechanisms:
I. The revocation remedy provided for in Article 94 shall not proceed, nor shall the judgment before the Federal Court of Justice and Administrative Court of Justice resolutions, nor against the decision of the Secretariat given as a result of the decision emanating from such alternative mechanisms, and it shall be understood that the interested party exercising the option accepts the decision resulting from the mechanism alternative dispute resolution;
II. Only the resolution of the Secretariat given as a result of the decision emanating from the alternative mechanisms shall be considered as final. Interested parties who come to an alternative dispute settlement mechanism or, where appropriate, interested parties subject to the payment of a compensatory fee which could be modified under such a mechanism, may guarantee the quotas. Definitive countervailing in the terms of Article 98 (III) of this Law. Also, in case the compensatory fee determined in the administrative reviews is less than that in force at the time the alternative dispute settlement mechanism is initiated, they must guarantee or pay the difference between such quotas as such a mechanism is not definitively resolved, and
III. The provisions of Article 51 of the Federal Law of Administrative Procedure shall be observed.
Article 98.- In addition to the provisions of Articles 96 and 97, the resources relating to the resolutions referred to in Article 94, sections IV, V, VI and VIII shall be subject to the following rules:
I.- When such resolutions are made available through alternative mechanisms of dispute settlement by Mexico in international treaties, the deadline for the appeal for revocation shall not begin to run until the date laid down in the international treaty in question has elapsed to bring the alternative dispute settlement mechanism;
II.- When such resolutions are used by alternative mechanisms of dispute settlement by Mexico in international treaties, the appellant who chooses the appeal for revocation must also comply with the formalities laid down in the international treaty in question;
III. The interested parties who come to the appeal of revocation, the judgment of nullity before the Federal Court of Justice and Administrative or the mechanisms alternative dispute settlement as referred to in this Law, will be able to guarantee the payment of the final compensatory fees, in the terms of the Tax Code of the Federation, provided that the form of corresponding guarantee is accepted by the Secretariat of Finance and Public Credit.
FIRST.- This Law shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND.- The Regulatory Law of Article 131 of the Political Constitution of the United Mexican States on Foreign Trade, published the Official Journal of the Federation January 13, 1986, is hereby repealed. Gold Export Regime, published in the Official Journal of the Federation on December 30, 1980 and the other provisions or orders you are opposed to.
THIRD.- As long as the regulatory provisions of this Law are issued, the Regulation against Unfair Practices of International Trade, the Regulations on Import and Export Permits of Goods Subject to Restrictions, will remain in force, The Decree establishing the Organization and Functions of the Commission of Tariffs and Controls on Foreign Trade, the Decree establishing the National Export Award and the other provisions issued previously in all that be opposed to you.
FOURTH.- The administrative procedures referred to in this order, which are in the process of entering into force, will be resolved in the terms of the Regulatory Law of Article 131 of the Political Constitution of the States. United Mexicans on Foreign Trade.
Mexico, D. F., on July 13, 1993.-Sen. Mauricio Valdés Rodríguez, President.-Dip. Romeo Flores Leal, President.-Sen. Ramon Serrano Ahumada, Secretary.-Dip. Luis Moreno Bustamante, Secretary.-Rubicas. "
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby issue this Decree at the residence of the Government. Federal Executive, in Mexico City, Federal District, at the nineteenth day of July of a thousand nine hundred and ninety-three.- Carlos Salinas de Gortari.-Heading.-The Secretary of the Interior, José Sponsorio González Blanco Garrido.-Heading.
TRANSIENT ITEMS OF REFORM DECREES
FE of errata to the Foreign Trade Act, published on July 27, 1993.
Page 60, first column, row 20, says:
You must say:
Procedure for safeguarding measures.
I decree that reform, add and repeal provisions of various laws related to the North American Free Trade Agreement.
FIRST ARTICLE.- reform items 60, 68 first paragraph, 80 first paragraph, 97 first paragraph and fraction I and 98 first paragraph and fractions I and II of the Foreign Trade Act, to remain as follows:
FIRST.- This Decree will enter into force on the 1st. of January 1994.
SECOND.- The reform to item 52 (b) of Article 52 of the Fiscal Code of the Federation shall enter into force on 1. January 1996.
THIRD.- The reform of Article 10 of the Expropriation Act will apply to the expropriations that are made as of the entry into force of this Decree.
FOURTH.- The extension of the term of protection of intellectual property rights referred to in Part I of Article 23 of the Federal Copyright Act, which is reform, shall be applicable to those rights which have not entered into the public domain regime to the date on which this Decree enters into force.
Mexico, D.F., at December 14, 1993.-Dip. Cuauhtemoc López Sánchez, President.-Sen. Eduardo Robledo Rincon, President.-Dip. Juan Adrian Ramírez García, Secretary.-Sen. Israel Soberanis Nogueda, Secretary.-Rubicas.
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby issue this Decree at the residence of the Government. Federal Executive, in Mexico City, Federal District, on the fifteenth day of December of a thousand nine hundred and ninety-three.- Carlos Salinas de Gortari.-Heading.-The Secretary of the Interior, José Sponsorio González Blanco Garrido.-Heading.
DECREE which reforms various tax provisions.
Published in the Official Journal of the Federation on December 31, 2000
Transitional Provisions of the Organic Law of the Fiscal Court of the Federation
Article Tenth First. In relation to the modifications referred to in Article Tenth of this Decree, you will be the following:
I. The reform of Article 28 of the Organic Law of the Fiscal Court of the Federation, will take effect on 1o. February 2001.
II. For the purposes of Article 31 of the Organic Law of the Fiscal Court of the Federation, the claims filed before 1o. of January 2001, shall be the responsibility of the Regional Chamber concerned, in accordance with Article 31, in force until 31 December 2000.
III. The name of the Fiscal Court of the Federation is reformed by the Federal Court of Justice and Administrative Court. Consequently, the Organic Law of the Fiscal Court of the Federation is reformed, both in its title and in its provisions, as well as in all those contained in the Fiscal Code of the Federation and in other tax and administrative laws. The Federal Court of Justice, in which the Federal Court of Justice is summoned, to replace that name by the Federal Court of Justice and Administrative Court.
First. This Decree will take effect on 1o. of January 2001.
Second. The mentions given in this Decree to the Secretaries whose names were modified for the purposes of the Decree published the Official Journal of the Federation on Thursday, November 30, 2000, through which the Organic Law of the Federal Public Administration was reformed, will be understood according to the denomination that for each one was established in the latter.
Mexico, D.F., at December 28, 2000.-Sen. Enrique Jackson Ramirez, President.-Dip. Ricardo Francisco García Cervantes, President.-Sen. Yolanda González Hernández, Secretary.-Dip. Manuel Medellin Milan, Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-nine days of December of two thousand.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.
DECREE by which various provisions of the Foreign Trade Act are reformed, added and repealed.
Published in the Official Journal of the Federation on 13 March 2003
ONLY ARTICLE: REFORM the articles; 28; 29; 31, second paragraph and fraction I; 32, in its second paragraph; 35; 36; 37; the name of Chapter IV of the Title V; 39; 40; 41; 42; 43; 44; 45; 46; 47, first paragraph; 48, first paragraph, as well as fractions I to III; name of Chapter I of Title VII; 49, first paragraph; 50, the first paragraph and its fraction II, as well as the second paragraph; 52; 53, the first subparagraph, the first subparagraph, the third subparagraph and the second subparagraph; paragraphs 1 and 2; 64; 66; 67; 68, first paragraph; 70; 71; 74; 75; 76, first paragraph; 77; 80, first and second subparagraphs; 83; 86; 88; 90, first paragraph and second paragraph, fraction III; 91; 93, fractions III and V; 94, fraction IX; 95, Second, third and fourth subparagraphs; 96 fraction IV; 97, fraction I; 98, fraction III; ADDITION a third paragraph to Article 23; a second paragraph to Article 33; fractions I to III to the first paragraph and a third paragraph to Article 39; Last paragraph of Article 42; fractions I and II to the first subparagraph and a second subparagraph Article 44; a fourth paragraph to Article 45; a second paragraph to Article 47; a last paragraph to Article 48; a second paragraph to Article 51; a third paragraph to Article 53; a second subparagraph, with fractions I to III, as well as one last subparagraph; Article 64, paragraph 2, by way of the second subparagraph, to become the third subparagraph, as well as a last paragraph, to Article 68; fractions I and II to the first paragraph and one last paragraph to Article 70; A; Article 70 B; fractions I to V to the first subparagraph, and a final paragraph to Article 71; the second subparagraph of Article 72; the second, third, fourth and fifth paragraphs of Article 83, passing the present second, third and fourth paragraphs, to the sixth, seventh and eighth paragraphs of that article; a Chapter V called "Special Procedures" to Title VII, comprising Article 89A to 89F; and fractions X and XI to Article 94, passing the current X fraction to being the XII fraction; and DEOGAN the fourth paragraph of Article 48; and Article 60; all of them of the OUTER TRADE ACT, to remain as follows:
First.- This Decree shall enter into force on the day following its publication, and shall apply to all imports, irrespective of their origin and provenance, including those of the United States of America and Canada.
Second.- The provisions of the Foreign Trade Act Regulations published in the Official Journal of the Federation on December 30, 1993, continue to apply in any way that does not object to this Decree, until such time as the corresponding reforms are issued.
Third.- The administrative procedures that are pending at the time of the entry into force of this Decree will be resolved in the terms of the Foreign Trade Act published in the Official Journal of the Federation on July 27, 1993.
Fourth.- The Federal Executive in the sphere of its powers, will establish a timely alert system to inform the Congress of the Union periodically on the importation of vulnerable goods.
Mexico, D.F., at December 15, 2002.-Dip. Beatriz Elena Paredes Rangel, President. -Sen. Enrique Jackson Ramirez, President.-Dip. Adrian Rivera Perez, Secretary.-Sen. Sara I. Castellanos Cortés, Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, ten days in March, two thousand three.- Vicente Fox Quesada.-Rubrica.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.
DECREE by which various provisions of the Foreign Trade Act are reformed and added.
Published in the Official Journal of the Federation on January 24, 2006
Single Article.- Reforms Articles 1, 2; 3; the name of Title II and Chapter II; Sections II, VIII, IX, and XI of Article 5; Articles 6; 7; 75; 84; 90; 91; 92 and Section VI of Article 94; and Addition a fraction VII to Article 4; a fraction XII to Article 5, for the present to become XIII; a second paragraph to Article 6; an Article 17 A; an Article 20 A, to the Foreign Trade Act, to remain as follows:
Article First.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
Article Second.- For the purposes of the provisions of Article 4 (VII). of this Law, the Dependencies and Entities of the Federal Public Administration that administer or control a non-tariff restriction or regulation, shall develop within a period not greater than 12 months, counted from the entry into force of the This Decree, a work plan in which they will establish responsible, goals, deadlines and actions necessary to interconnect electronically with the Secretariat of Economy and with the Secretariat of Finance and Public Credit.
The electronic interconnection shall also be established with the prevailing entities authorized in accordance with the provisions of Article 16-A of the Customs Law, the purpose of the customs agent or agent to be able to verify compliance with the relevant non-tariff restrictions or regulations.
Mexico, D.F., on December 14, 2005. -Sen. Enrique Jackson Ramirez, President.-Dip. Heliodoro Diaz Escarraga, President. -Sen. Sara Isabel Castellanos Cortes, Secretary.-Dip. Ma. Sara Rocha Medina, Secretary.-Rubicas."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, on the twentieth day of January of two thousand six.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Carlos Maria Abascal Carranza.-Heading.
DECREE by which various provisions of the Foreign Trade Act are reformed, added and repealed.
Published in the Official Journal of the Federation on 21 December 2006
Article Unique.- Articles 53, last paragraph; 64, second paragraph in its header; 68, first paragraph; 89 D, fraction I; 93, penultimate paragraph; and 97, fractions II and III; Article 65 A is added; and Articles 68, last paragraph and 93 (V) of the Foreign Trade Act shall be repealed, in order to remain as follows:
First. This Decree shall enter into force on the day following its publication and shall apply to all imports, irrespective of their origin and origin, including those of the United States of America and Canada.
Second. The provisions of the Regulation of the Foreign Trade Law published in the Official Journal of the Federation on 30 December 1993 will continue to apply in all that is not opposed to this Decree, until the reforms are issued. corresponding.
Third. The administrative procedures that are in process at the time of the entry into force of this Decree, will be resolved in the terms of the Foreign Trade Law published in the Official Journal of the Federation on July 27 1993, and of the reforms to that law published in that information body on 13 March 2003 and 24 January 2006.
Mexico, D.F., 12 December 2006.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Jorge Zermeno Infante, President.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Dip. Ma. Valdez Maciel Ortiz, Secretary.-rubrics."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, on the twentieth day of December of two thousand six.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of Government, Francisco Javier Ramirez Acuna.-Heading.