Law Federal For The Control Of Substances Chemical Susceptible Of Diversion For The Manufacture Of Weapons Chemical

Original Language Title: Ley Federal para el Control de Sustancias Químicas Susceptibles de Desvío para la Fabricación de Armas Químicas

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FEDERAL LAW FOR THE CONTROL OF CHEMICAL SUBSTANCES SUSCEPTIBLE TO DIVERSION FOR THE MANUFACTURE OF CHEMICAL WEAPONS

FEDERAL LAW FOR THE CONTROL OF CHEMICAL SUBSTANCES THAT CAN BE DIVERTED TO THE MANUFACTURE OF CHEMICAL WEAPONS

Official Journal of the Federation June 9, 2009

DOF Errat Fe 03 July 2009

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

THE FEDERAL LAW FOR THE CONTROL OF CHEMICAL SUBSTANCES THAT CAN BE DIVERTED FOR THE MANUFACTURE OF CHEMICAL WEAPONS IS EXPENATED; AND A FRACTION XVII TO ARTICLE 194 FROM THE FEDERAL CODE OF CRIMINAL PROCEEDINGS

ARTICLE FIRST. The Federal Law for the Control of Susceptible Chemicals for the Manufacture of Chemical Weapons is issued.

FEDERAL LAW FOR THE CONTROL OF CHEMICAL SUBSTANCES THAT CAN BE DIVERTED TO THE MANUFACTURE OF CHEMICAL WEAPONS.

TITLE FIRST

GENERAL PROVISIONS

ONLY CHAPTER

OBJECT AND SCOPE

Article 1. This Law is of general public order and observance in the territory of the Republic and areas under the jurisdiction of the Mexican State, and has for the purpose of establishing control measures for obliged subjects to carry out Regulated Activities related to the chemical substances susceptible to diversion, as well as for installations, technology, specialised equipment and current used for those activities.

The control measures applicable to the required subjects are the registration, the declaration, the inspection, the review and controls on the import, export and transport.

Regulated activities and those prohibited by the Convention and by this Law are matters of National Security.

Article 2. For the purposes set out in this Law, the following definitions shall apply:

I. Regulated Activities:

a) The processing, production, consumption and transfer of chemical substances enunciated in the National Listing, and

b) Development, conservation, marketing, acquisition, End Use, employment, possession, holding, ownership, transshipment, transport, transmission, confinement and destination of the chemicals in the National List, as well as of the facilities, technology, specialised equipment and current used for such activities;

II. Annex on Confidentiality: Annex on the Protection of the Confidential Information of the Convention;

III. Annex on Substances: Annex on Chemical Substances of the Convention;

IV. Annex on Verification: Annex on the Application and Verification of the Convention;

V. Chemical Weapon: Joint or separately:

a) Toxic chemicals or their precursors, except where they are intended for non-toxic use prohibited by the Convention, provided that the types and quantities concerned are compatible with those purposes;

b) Ammunition or devices intended to cause death or injury by the toxic properties of the substances specified in (a) of this fraction, which releases the use of such ammunition or devices, or

c) Any equipment that is intended to be used directly with employment of the ammunition or devices specified in point (b) of this fraction;

VI. Authority National: Auxiliary body of the Council, whose purpose is to act as an instance of coordination of the competent authorities and of international liaison for the fulfillment of the international obligations of the Mexican State, in the field of proliferation of chemical weapons;

VII. CAS (Chemical Abstracts Service): Single numeric identification for composites chemicals, polymers, prepared biological sequences and alloys, issued by the American Chemical Society;

VIII. Center: Center for National Security and Research, the unconcentrated organ of the Secretary of Government;

IX. Council: The National Security Council provided for in the Security Act National;

X. Convention: Convention on the Prohibition of Development, Production, the Storage and Use of Chemical Weapons and on their Destruction, as well as their respective Annexes;

XI. Final Destination: Last destination of the controlled chemicals under the This Law, which has been the subject of Transfer;

XII. Unseen: Performing any of the Activities Regulated for purposes prohibited by the Convention or by this Law;

XIII. States Parties: States that have consented to be bound by the Convention and with for which such an international treaty is in force, which are related in Appendix Two of this Law;

XIV. States not Party: States that have not consented to be bound by the Convention and with for which such an international treaty is not in force, which are related in Appendix Two to this Law;

XV. International Inspection Group: Set of inspectors and inspection assistants appointed by the Director General of the OPCW and accepted by the Mexican State, who enter the territory of the Republic or areas under the jurisdiction of the Mexican State to carry out an International Inspection;

VI. National Inspection Group: Set of inspectors and inspection assistants designated by the Secretariat for the conduct of national inspections;

XVII. National Group of Accompaniment: Mexican public servants appointed in each case by the Secretariat, for the conduct of international inspections and to monitor the activities of an International Inspection Group from its entry into the territory of the Republic or areas under the jurisdiction of the Mexican State until its departure;

XVIII. Inspection International: Recognition and surveillance activities carried out in the Inspection Poligono by the International Inspection Group, in order to verify compliance with the Convention;

XIX. Inspection National: Recognition and surveillance activities carried out in the Inspection Police by the National Inspection Group, in order to verify compliance with this Law and international instruments in the field, of which the Mexican State be part;

XX. Single-Scale Installation: All equipment, as well as any building in which this equipment, approved by the Secretariat and used in the production of chemical substances of Group 1 of the National Listing for purposes not prohibited in the Convention, is installed;

XXI. National Listing: Relation of the chemicals subject to the measures control provided for in this Law, related to Appendix One of the present Law;

XXII. Inspection Command International: Instructions of the Director General of the Technical Secretariat of the OPCW to the International Inspection Group for the realization of an International Inspection;

XXIII. Inspection Command National: Instructions of the Secretariat for the conduct of a National Inspection;

XXIV. General Standards: General Verification Standards contained in Part II of the "Annex on Verification" of the Convention;

XXV. OPCW: Organization for the Prohibition of Chemical Weapons;

XXVI. Inspection: Any installation or area subject to an International or National Inspection, linked to the development of Regulated Activities, which has been specifically defined in the relevant International or National Inspection Mandate;

XXVII. Registration: National Register for the Control of Chemical Substances Susceptible to Diversion for the Manufacture of Chemical Weapons;

XXVIII. Secretariat: Executive Body of the National Authority that falls to the Center, through of the administrative unit called the National Authority Directorate;

XXIX. Subject: Any natural or moral person who directly or indirectly, usual or occasional, perform, in the territory of the Republic and in areas under the jurisdiction of the Mexican State, any of the Activities Regulated with respect to the chemicals of the National Listing;

XXX. Transboard: The change of transport of the chemicals from the National List, between the initial point of loading and the End Destination of the same;

XXXI. Transfer: Any operation performed through the import, export, or return;

XXXII. Transmission: Any operation performed through lease, lease, donation, delivery, such as data, transit, transhipment or sale, of National Listing chemicals, specialised technology and equipment and related current, made between obliged subjects;

XXXIII. Final Use: Production, processing, or consumption of the substances National Listing chemicals, and

XXXIV. End User: Physical or moral person who will give Final Use to chemical substances of the National Listing.

Article 3. The application of this Law shall be the responsibility of the Federal Executive through:

I. The Secretariat of Government;

II.         The Secretariat for External Relations;

III. The Secretary of National Defense;

IV. The Secretary of the Navy;

V.          The Secretariat of Public Security;

VI. The Environment and Natural Resources Secretariat;

VII. The Economy Secretariat;

VIII. The Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food;

IX. The Communications and Transport Secretariat;

X. The Health Secretariat;

XI. The Attorney General's Office;

XII. The Tax Administration Service, and

XIII. The National Authority.

The authorities referred to in this Article shall act within the scope of their respective powers in terms of the applicable provisions, in so far as they are refers to the control of imports, exports and other administrative formalities in respect of the chemical substances of the National List, as well as in the inter-institutional coordination resulting from the application of this Law and the exercise of the other powers that correspond to them.

The agencies, institutions and bodies whose members are members of the Council shall be competent authorities to implement this Law in accordance with their legal powers and other legal provisions in the framework of the action coordination scheme provided for in the National Security Act and its regulatory provisions.

Article 4. In the absence of an express provision in this Law, the Law of National Security and the Federal Code of Civil Procedures will be applied in an additional manner, without prejudice to the provisions of the Convention and other international treaties in the field, that the Mexican State is a party. In the notifications, requirements, inspections, reviews and consultations provided for in this Law, it will be applied in an extra way as established in the Fiscal Code of the Federation.

It shall not apply to matters governed by this Law, the Federal Law of Administrative Procedure.

TITLE SECOND

OBLIGATIONS AND EXERCISE OF PRIVILEGES

FIRST CHAPTER

BOUND SUBJECTS

Article 5. Required subjects must:

I. Request to the Secretariat for registration in the Registry, prior to the beginning of any of the Regulatory Activities referred to in Article 2 (1) (a) of this Act;

II. Once entered in the Register, submit, within the time limits set in the this Act, the initial declaration and the annual declarations to the Secretariat;

III. Deliver to the Secretariat additional information and documentation that the latter requires for the fulfilment of its privileges;

IV. Keep the entire information provided to the Secretariat up to date, by the submission of supplementary declarations, which shall be submitted within five working days from the day following the date of the update. In cases of loss, theft or loss of chemical substances in the National List, the obliged subjects shall inform the Secretariat thereof, by means of a supplementary declaration, within 24 hours, counted from event; additionally they must make the complaint of facts before the Public Ministry of the Federation;

V. Declare the Secretariat the facilities, equipment, technology, complexes industrial and other goods relating to the production of chemical substances in the National List, other than polygons that produce exclusively explosives or hydrocarbons;

VI. Allow access to Inspection Polygon, review of any furniture the building within the same and providing all facilities, reports and documents for the implementation of the control measures set out in this Act by the Secretariat or the OPCW;

VII. Meet the requirements that are notified to you by the Secretariat;

VIII. Credit to the competent authorities that have the certificate of use Final referred to in Article 8 (III) of this Law, in order to be granted the corresponding export permit;

IX. Get authority and registration by the competition authority for to regulate and control the federal freight transport services, to carry out the transport of chemical substances of the National List, and must declare the units it will enable to provide such a transport service, in accordance with the provided for in the applicable provisions;

X. Install and make sure that vehicles, semitrailers, containers, cars (a) railway or any means which serves as a continent for the transport of chemical substances of the National List, have a device for geolocation or radio satellite or similar technology, in accordance with the provided for in the applicable provisions;

XI. Request to the Secretariat for the authorization of the Single-Scale Single Installation and of the alternate facilities referred to in Article 7 (IV) of this Law;

XII. To deal with the competent authority, permissions, or import authorizations or export of the chemical substances of the National Listing, in accordance with the provisions of the administrative provisions to be issued by those authorities, as well as in the applicable orders;

XIII. Perform the Regulated Activities, only for purposes not prohibited by the Convention and this Law;

XIV. Inform the competent authorities to authorize, regulate and control the the entry and exit of chemical substances from the National List of the territory of the Republic or areas under the jurisdiction of the Mexican State, the data relating to the Destination, User and End Use of those substances, and

XV. Others arising from this Law and other legal provisions applicable.

Article 6. The required subjects to produce, produce, consume, import, return or transmit related chemical substances in the National List, in pure or mixed state, in accordance with the provisions which are issued, are obliged to inform the buyer or the recipient in writing, the existence of obligations to declare and to subject to control measures provided for in this Law.

Article 7. For the chemicals in Group 1 of the National Listing, the required subjects must comply with the following:

I. Produce, acquire, retain, transfer and use such chemicals, only in the following cases:

(a) When the chemical substances are intended for research purposes, physicians, pharmaceuticals or protection against toxic chemicals and chemical weapons, and

b) When the types and quantities of chemical substances are strictly limited to those may be justified to the Secretariat for the purposes referred to in the preceding subparagraph, in accordance with the quantitative limits to be issued by the administrative provisions referred to in Article 9 (IX) of this Regulation. Law;

II. Making transfers with respect to such chemicals, only for research, medical, pharmaceutical or protective purposes against toxic chemical substances and chemical weapons, in the types and quantities referred to in section I (b) of this Article, and in the case of transfers to States Parties to the Convention and these have mechanisms for prohibit the Transfer to a third State;

III. Notify the Secretariat, with a minimum of thirty working days and a maximum of Forty days in advance, the Transfer of such chemical substances, in which case, the Secretariat shall grant to the Subject a constancy of notification, which shall be an indispensable requirement for the authorization of all the formalities (a) the administrative costs of the relevant authorities.

Treatment of transfers of the substance called saxisoin, in amounts not more than five milligrams, for medical or diagnostic purposes, the notification referred to in the preceding paragraph, shall be carried out at least five working days prior to the Transfer;

IV. Produce such chemicals in a Single Small Scale Facility, previously authorised by the Secretariat, in which case production must be carried out in reaction vessels of production lines not configured for continuous operation. The volume of each reaction vessel must not exceed one hundred litres and the total volume of all the reaction vessels of which the volume exceeds five litres shall not exceed five hundred litres. It can be produced in an alternate installation to the Single-Scale Single Installation, in the following cases:

a) When production is for protection purposes against toxic chemicals and against chemical weapons, provided that the total quantity does not rebase 10 kilograms per year per alternate installation and that installation has been approved by the Secretariat;

b) When production is for research, medical or pharmaceutical purposes, and rebase the quantity of one hundred grams per year per alternate installation, provided that the total quantity is not more than 10 kilograms per year per alternate installation and that installation has been authorised by the Secretariat; and

c) The chemical synthesis of Group 1 of the List may be carried out National for research, medical or pharmaceutical purposes, but not for the purpose of protection against toxic chemicals and chemical weapons, in laboratories, provided that the quantity is less than one hundred grams per year per alternate installation and such installation has been authorised by the Secretariat.

Alternate facilities shall be exempt from the declaration and inspection measures referred to in this Law, and

V. Assigning the highest priority to the security of the population and the protection of the the environment, during the performance of any of the Regulated Activities and secondary processes, in accordance with the applicable provisions, as well as in the norms contained in the international instruments of which the Mexican State is Part.

Article 8. Required subjects are prohibited:

I. Making transfers of chemicals from Group 1 of the National Listing to States not Party to the Convention;

II. transfers of chemicals from Groups 2 and 4 of the List National to States not Party to the Convention;

III. Make exports and their returns, of chemicals in Group 3 National listing, to States not Party to the Convention, without prior receiving from the competent authority of that receiving State the certificate of Final Use in which it is guaranteed to be used only for purposes not prohibited by the Convention and which shall not be transferred to a third State. This certificate, in accordance with the provisions of the Convention, shall specify:

a) The type and quantity of these chemicals;

b) The End Use of the same, and

c) The name and address of the End User.

For the purposes of section III of this article, the authorizations for the export of the chemical substances of Group 3 of the National Listing will only be issued when the required subjects are accredited to have the Final Use certificate referred to in that fraction.

CHAPTER SECOND

DISTRIBUTION OF COMPETENCIES AND COORDINATION

Article 9. The authorities referred to in Article 3 of this Law, within the scope of their respective competencies, shall:

I. Attending with opportunity the notices, opinions and information requirements that issue the National Authority and the Secretariat;

II. In the cases of those authorities with competence to control the entry and the departure of goods to the territory of the Republic or areas under the jurisdiction of the Mexican State, giving notice within the time limit and in the terms set out in the Regulations of this Law to the Secretariat, of the import, export and return of chemical substances in the National List, which shall include the data relating to the operation, declared by the obligors;

III. In the cases of those authorities with competence to grant authorizations, licenses or permits related to the importation of chemical substances from the National List, giving notice within the time limit and in the terms set out in the Regulation of this Law to the Secretariat, in respect of the data relating to the operation, to the Destination, User and End Use declared by the obligated and address the recommendations issued by the National Authority, through the Secretariat;

IV. Consult the Secretariat in a mandatory manner prior to the issuance of any authorisation, permit or licence, in the exercise of its powers, relating to the export, production, production and consumption of the chemicals in the National List, for which it shall include the data relating to the operation, to the Target, User and End Use declared by the subjects required.

The consultation referred to in the preceding paragraph shall be made and shall be of the time limits and in the terms established by the Regulation of this Law, and shall be made in order to ensure that the Secretariat verifies the fulfilment of the registration and declarative obligations, as well as to verify that the Forced Subject has the Final Use certificate provided for in Article 5 (VIII) of the This Law, which is the responsibility of the obligors;

V. Adopt and apply the necessary administrative measures, in the field of your respective powers, in order to address the notices and reports issued by the National Authority and the Secretariat, in relation to acts or acts that contravene the provisions of this Law;

VI. Regular in the territory of the Republic and areas under the jurisdiction of the State the transport of chemical substances of the National List, integrating and administering the registration of carriers and the corresponding means of transport, as well as monitoring compliance with the regulatory provisions that expask;

VII. Require and verify installation on vehicles, semi-trailers, containers, railway cars or any means serving as a continent for the transport of chemical substances from the National List, a device for geolocation or radio-frequency satellite or similar technology, in accordance with the applicable provisions;

VIII. Give compliance to the agreements issued by the Council and the National Authority, and

IX. Issue the administrative provisions in which the limit is set quantitative of the chemical substances of Group 1 of the National List that may be used by the subjects required for the production, acquisition, conservation and transfer, which shall be published in the Official Journal of the Federation.

The authorities referred to in Article 3 of this Law, with competence to regulate and control the federal freight transport services, will have the power to granting permits and authorisations for the transport of chemicals from the National List.

Failure to comply with this article will be the cause of administrative responsibility, regardless of the civil and criminal liability that may result. applicable.

Article 10. The transfers of the chemical substances from the National Listing, will be further subject to the non-tariff regulations and restrictions, issued by the authorities in accordance with its foreign trade powers, in accordance with the international treaties of which the Mexican State is a party, this Law, the Law of Foreign Trade, the Customs Law, the Law of the General of Health, the Federal Law of Economic Competition, the General Law for The Comprehensive Waste Prevention and Management, the Federal Law on Firearms and Explosives and other applicable legal systems.

The authorities referred to in Article 3 of this Law, with competence to control, regulate and restrict imports, exports and returns of goods, have the power to issue prior authorisations or permissions for the chemicals in the National Listing.

Article 11. The dependencies or entities of the Federal Public Administration that, according to the scope of their jurisdiction, correspond to them authorization, permit or license which relates to the export, production, production and consumption of the chemical substances of the National Listing, shall deny or, if necessary, revoke such authorizations, permits or licenses, when the subjects they are obliged to do so, without prejudice to the provided for in other applicable provisions:

I. Failure to comply with the obligations laid down in Articles 5, fraction VIII and 6 of this Law;

II. Omitan to de-drown within the prescribed period the requirements or notices foreseen in the Present Law;

III. Submit required information or documentation at inspection visits international or national, with altered data;

IV. Omitan to apply for registration in the Register, and

V. Omitan to present its Initial, Annual or Complementary statement.

THIRD CHAPTER

NATIONAL AUTHORITY

Article 12. The National Authority will be chaired by the Secretariat of the Interior and composed of representatives of the Secretariat of Communications and Transportation; National Defense; Treasury and Public Credit; Navy; Foreign Relations; Public Security; and the Attorney General's Office; as well as the Center. Such representatives shall have at least the level of State Undersecretaries or their equivalent, who may appoint their respective alternates, who shall have the immediate lower level of immediate hierarchical level.

For a better knowledge, on the part of its members, of the matters to be considered by the National Authority, they will be able to attend their sessions, in character of guests, representatives of the secretariats of Agriculture, Livestock, Rural Development, Fisheries and Food; Economy; Environment and Natural Resources; and Health, as well as representatives of other agencies or entities of the Administration Federal public, or some other public or private body, when the matters to be dealt with as required, on the proposal of any of its members.

For the purposes of this Law, the National Authority shall have the following functions:

I. Coordinate the activities of the dependencies and entities of the Administration Federal Public in the application of this Law and in the fulfilment of the obligations provided for in the international instruments of which the Mexican State is a party, in the field of non-proliferation of chemical weapons;

II. Establish, through the Secretariat of External Relations, an effective link between the Mexican State and international organizations in the field of non-proliferation of chemical weapons, as well as with States Parties to international instruments in the field;

III. Analyze and, if necessary, propose to the Council the promotion of legislative measures, regulatory and administrative compliance with the international instruments of which the Mexican State is a party, in the field of non-proliferation of chemical weapons;

IV. Alleging of any document, data or sample relating to the handling of the substances National List chemicals by the required subjects, in order to provide timely compliance with the obligations arising from the international instruments of which the Mexican State is a party, in the field of non-proliferation of weapons chemical;

V. Propose to the competent authorities the issuance of administrative provisions establishing the quantitative limit for the chemical substances of Group 1 of the National List, which may be used by the subject to the production, acquisition, conservation, employment and transfer, which must be published in the Official Journal of the Federation;

VI. Propose to the competent authorities, the mechanisms for the control of the Regulated and prohibited activities;

VII. Authorize, if applicable, automated mechanisms with dependencies and entities the Federal Public Administration for the control of foreign trade operations in respect of the National List chemicals proposed by the Secretariat, and

VIII. Others arising from this Law and other legal systems applicable.

Article 13. The Secretariat shall be the competent authority for the application throughout the national territory of the control measures provided for in this Law, and have the following attributions:

I. Integrate and administer the Registry;

II. Exorder registration constances to the Registry, as well as the constances of statements that correspond to this order;

III. Prevent bound subjects when registration requests to the Registry or the declarations do not comply with the requirements laid down in this Law, giving a period of ten working days for the prevention of prevention. After this period has elapsed without the prevention of the prevention, the application for registration or the corresponding declaration will not be continued, leaving the rights of the Subject to the obligation to promote a new application of registration.

The Secretariat shall have a period of ten working days from the working day following the submission of the application for registration or the corresponding declaration, in order to prevent the obliged subjects;

IV. Analyze and ressave the statements made by the subjects compliance with this Law;

V. Carry out inspection and review visits, provided at present Law;

VI. Issue national inspection mandates as well as orders for practice of international inspections that correspond, after validation, where appropriate, of the international inspection mandates;

VII. Notify the required subjects of the national inspection mandates as well as the orders for the practice of international inspections;

VIII. Run the national and international inspections regulated by the present Law;

IX. Request, through the National Inspection Group or the National Group of Accompanying, as appropriate, the assistance of the public security forces for the practice of the inspections, in the terms of this Law;

X. Exorder formal accreditations from members of inspection groups national and national accompanying groups;

XI. Issue the reports referred to in this Law;

XII. Issue the requirements set forth in this Law;

XIII. Formulating before the Public Ministry of the Federation, complaints or complaints by facts likely to constitute offences, in order to exercise their powers;

XIV. Elaborate and certify the agreements of the National Authority, and the others Legal instruments that you issue, which will be reserved and your disclosure will be considered as a cause of liability under the laws;

XV. Propose to the National Authority automated mechanisms with dependencies and entities of the Federal Public Administration for the control of foreign trade operations with respect to the chemical substances of the National Listing and, where appropriate, implement such mechanisms;

XVI. Convening ordinary and extraordinary sessions of the National Authority;

XVII. Coordinate and follow up on the agreements adopted by the National Authority;

XVIII. Exorder the forms and forms referred to in this Law;

XIX. Authorize, if any, only small-scale and alternate facilities, which comply with the requirements set out in this Law;

XX. Issue the opinion corresponding to the mandatory query that the dependencies and entities of the Federal Public Administration, in terms of this Law;

XXI. Monitoring, in coordination with the competent authorities, that production, The acquisition and transfer of chemical substances from Group 1 of the National Listing in the territory of the Republic and in areas under the jurisdiction of the Mexican State, does not exceed the total amount permitted by the Convention;

XXII. Interpreting for administrative purposes the provisions of this Law, and

XXIII. Others arising from this Law and other legal systems applicable.

The Director General of the Centre may at any time exercise the powers referred to in this Article and delegate them to the public servants and the administrative units of the same.

Article 14. For the purposes of this Act, the Secretariat shall issue notices for National Security reasons, in the following cases:

I. Before updating any of the security threat scenarios National, provided for in the Law of the Matter;

II. In case of non-compliance with any of the obligations of the subjects required, provided for in this Act;

III. In the face of any of the activities prohibited in Article 8 of This Law, and

IV. In cases of loss, theft or loss of chemicals from the Listing National.

Article 15. The communication between the National Authority and the OPCW, as well as the referral of the National Authority's statements to the latter, shall be made through diplomatic channels, in coordination with the Secretariat of Foreign Affairs.

Article 16. The National Authority, in the collection and use of documents and data of the obligated subjects, shall take the necessary measures to ensure their reservation and confidentiality, in accordance with the relevant provisions. Such documents and data relating to the Regulated Activities may only be used by the National Authority and be transmitted to the OPCW or other States Parties to the Convention, provided that this is necessary for the fulfilment of the obligations arising from the Convention or this Act.

THIRD TITLE

CONTROL MEASURES

FIRST CHAPTER

NATIONAL REGISTRATION FOR THE CONTROL OF CHEMICALS

Article 17. The Registry shall integrate and administer the Register, where the data relating to the Regulated Activities and obligations provided for in the This Act.

The integration and functioning of the Registry, as well as the rules of procedure for the proceedings before the Secretariat, will be governed by the administrative provisions that the effect is issued.

Article 18. The obligated subjects who perform any of the Regulated Activities referred to in Article 2, Part I, point (a) of this Law shall to apply for registration in the Register. To this end, they shall provide the Secretariat with the following documents and data:

I. certified copy of the protocolised constituent act in which it is called or social reason, duly registered in the corresponding public register, name of its members or shareholders, of its legal representative, as well as its registered office or, in the case of natural persons, the format of registration to the Federal Register of Contributors;

II. Addresses, exact locations, plans, technical descriptions, diagrams detailed and production capacities of each of its facilities and the documents certifying them;

III. In your case, industrial and commercial activities that you have done in the the last three years or are intended to be carried out at each of its facilities in respect of the chemical substances of the National Listing;

IV. Where appropriate, detailed inventory of the equipment you have owned, owned, or holding and having used it for the last three years, use or be used in connection with the Regulated Activities referred to in Article 2 (1) (a) of this Law;

V. Where appropriate, place where you store and intend to store chemical substances of the National Listing, and

VI. Additional information that you consider relevant to voluntarily contribute on the basis of Objective of the Convention and of this Law.

The Secretariat may verify the accuracy of the information provided and, where appropriate, request additional information and, provided that the above requirements are met, may issue a record of registration, which shall be an essential requirement for the completion of all administrative formalities before the offices and entities of the Federal Public Administration, which, according to its powers and, in the terms of the provisions of the applicable provisions; to issue authorisations related to the Regulatory Activities referred to in the first paragraph of this Article.

The registration record is a prerequisite for the submission of the initial declaration to the Secretariat by the obligated subjects.

CHAPTER SECOND

DECLARATIONS

Article 19. For each declaration, the Secretariat shall issue, after compliance with all the requirements set forth in this Law, a statement of declaration initial, annual or complementary, as appropriate. The statement of statements shall be in force until the end of the period for submitting the following declaration, in accordance with Article 21 of this Law.

The constancy of the declaration in force will be an essential requirement for the completion of all the administrative formalities with the competent authorities, with the Regulatory Activities referred to in Article 2 (a) (a) of this Law.

The declarations referred to in this Law shall be made in accordance with the formats and forms that the Secretariat has in effect.

Article 20. With the exception of the cases provided for in Article 22 of this Law, the Forced Subject must present the initial declaration within the 30 working days after the registration is granted to the Registry, with the following documentation and data:

I. Industrial and commercial activities that you perform in each of your facilities;

II. Addresses, exact locations, plans, technical descriptions, diagrams detailed and production capacities of each of its facilities and the documents certifying them whenever there is any change in respect to what is stated in the application for registration of the Register;

III. Detailed inventory of the equipment that you have in possession or property for the production, production or consumption of the chemicals and precursors of the National List;

IV. Place of storage of the chemicals and precursors of the List National, provided that there is any change from what is stated in the application for registration to the Register, and

V. Additional information that you consider to be relevant voluntarily Objective of the Convention and of this Law.

At any time the Secretariat may require the Subject to require or extend any data contained in an initial statement, which must be to be written off within a maximum of 30 working days from the day following its notification.

The Required Subject must declare to the Secretariat, the new unique small-scale facilities related to the Group 1 chemicals listed in the List National, or modifications to the declared ones, that are proposed to operate, at least eight months prior to their commencement of operations.

You must also declare any other new installation or modification to the existing ones, related to chemical substances of Groups 2, 3, 4 and 5 of the List National, thirty calendar days prior to the start of its operation.

Article 21. With the exception of the cases provided for in Article 22 of this Law, the Forced Subject shall submit the annual declarations in the terms of the Article:

I. During the month of January of each year, by Regulated Activities referred to in Article 2, part I, point (a) of this Law, made in the period from January to December of the preceding year, with the following data:

a) Addresses, exact locations, plans, technical descriptions, detailed diagrams, and production capacities of each of its facilities and the documents certifying them;

b) Industrial and commercial activities that you perform on each of your installations;

c) Type, quantity, chemical name, common or commercial name, structural formula, number CAS record, if you have assigned it, tariff fraction, Final Use, Final Destination and End User of related chemical substances in the National Listing, which you have used in some regulated activity, including the description of the method employee, as well as the documents they credit this information;

d) Employment, transfer, receipt or acquisition you have made, of equipment to which you do a reference to the section III of the previous article, as well as the documents certifying this information;

e) Variations or modifications in relation to the immediate statement above, as well as documents that credit this information, and

f) Additional information that you consider to be relevant voluntarily Objective of the Convention and this Law;

II. During the month of August of each year, with respect to Regulated Activities refers to Article 2, part I, point (a) of this Law, which it provides for in the period January to December of the subsequent year, with the data referred to in points (a), (b) and (f) of the preceding section and the following:

a) Type, quantity, chemical name, common or commercial name, structural formula, number of CAS record, if you have assigned it, tariff fraction, Final Use, Final Destination and End User of the related chemicals in the National List, which you have projected to use in some regulated activity, including the description of the the method used and the time limits for its execution;

b) Employment, transfer, receipt or acquisition you plan to make, of equipment to which you do reference to Article 20 (III), and

c) Variations or modifications that you plan for, in relation to the immediate declaration previous.

The obligated subjects must declare to the Secretariat any regulated activity to referred to in Article 2 (a) (a), in addition to those declared in accordance with the second paragraph of this Article, at least 10 working days before the start of the same.

At any time, the Secretariat may require the obligated Subject to specify or extend any data contained in the annual declaration for the substances. Chemicals included in Group 1 of the National Listing, with this requirement to be removed within a maximum of 30 working days.

The Subject Subject shall be exempt from submitting the corresponding annual declaration provided for in this Article, where less than four months have elapsed since the presented the initial declaration, in which case it shall be considered as an annual declaration.

Article 22. The obligated subjects shall submit the declarations referred to in this Law in respect of the production, manufacture or consumption of the chemical substances of Group 2 of the National List, only if they have carried out such activities in industrial complexes comprising one or more plants, during any of the three preceding calendar years or which they provide for to do so in the following calendar year, when they exceed the quantities the following are indicated:

a) One kilogram of the chemical substance called BZ 3-quinuclidinyl Bentilate to which refers to Group 2, paragraph 3, paragraph 3 of the National Listing;

(b) One hundred kilograms of the other chemicals in Group 2 (A) of the List National, or

c) One tonne of some chemical in Group 2 of the List National.

The obligated subjects shall submit the declarations referred to in this Law in respect of the production of chemicals in Group 3 of the Listing National, only when they have carried out such activity in quantities exceeding 30 tonnes in the previous calendar year, in industrial complexes comprising one or more plants.

Required subjects shall be exempt from submitting the statements referred to in this Article in respect of Group 2 and 3 of the National Listing, in case of mixtures of the chemical substances are of low concentration, unless the ease of recovery of such mixtures and their total weight constitute a danger to the object and purpose of the Convention and of this Law in terms of the Regulation of this Law.

The obligated subjects shall make the declarations referred to in this Law in respect of the chemical substances of Group 5 of the National Listing, when they have produced by synthesis of more than two hundred tonnes per year in industrial complexes or more than 30 tonnes per year in one or more plants, in this case where the chemicals contain phosphorus, sulphur or fluorine.

THIRD CHAPTER

NATIONAL INSPECTIONS

Article 23. The Secretariat may order inspection visits and checks to be carried out to verify compliance with this Law and to check the accuracy of the data contained in the statements of the obliged subjects.

Article 24. The inspections and checks referred to in the previous article shall be carried out by National Inspection Groups in working days and hours. may be carried out on days and indeft hours where the Secretariat has been empowered to do so, circumstances which shall be expressed in the relevant Inspection Mandate. The Required Subject shall indicate domicile to hear and receive notifications and appoint a representative for each inspection and review, who shall witness all diligence.

For each inspection, the Secretariat will integrate a National Inspection Group and appoint its Head as a representative for that diligence. It shall also issue the necessary formal accreditations and the duly substantiated and reasoned National Inspection Mandate in which the Inspection Polygon is required, the purpose of the diligence, the equipment to be used during the course of the inspection. inspection and notification, where appropriate, of the action of the public security force to ensure the security of the development of inspection diligence.

Article 25. The National Inspection Group has the following attributions:

I. Require and obtain from the Subject Data and documents on the activities which are carried out in the Inspection Polygon and on the security measures in force;

II. Require and obtain from the Subject, administrative and logistical support for Dechoke the inspection;

III. Access and recognize the Inspection Polygon, with the inspection team required;

IV. Interview with staff members who work at the Inspection Poligono in the presence of the representative of the Forced Subject, and obtain from the first, data that is relevant to the compliance with the purpose of the diligence;

V. Review the files, records, or any documents found in the Inspection Polygon and considered relevant to the compliance with the purpose of the diligence;

VI. Directly or through personnel who work in the Inspection Polygon, obtain the samples and take the photographs that are strictly necessary for the purpose of the due diligence;

VII. Require personnel to work in the Inspection Polygon, in strict cases necessary for the purpose of the diligence, the performance of certain operations to verify procedures and the operation of the facilities, and

VIII. Issue inspection reports and review reports.

Article 26. When initiating diligence, each member of the National Inspection Group shall identify with the representative of the obligated Subject, exhibiting his or her formal accreditation; the head of the National Inspection Group will show you the respective National Inspection Mandate, giving you a copy of the same with a autograph.

Article 27. The person with whom the diligence is understood is obliged to allow the members of the National Inspection Group, access to the Poligono Inspection in terms of the terms of the National Inspection Mandate.

In order to ensure the safety of the development of the inspection diligence, the head of the National Inspection Group may request the assistance of the public security.

The request for the assistance of the public security forces by the head of the National Inspection Group, due to the urgency of the case, could be by any means. medium, with subsequent confirmation of the written requirement.

The authorities that have their command public security forces will be obliged to lend their collaboration to the head of the National Inspection Group when he is request, to ensure the safety of inspection due diligence.

Article 28. At the end of the inspection, the National Inspection Group will raise a duplicate record in the presence of two witnesses proposed by the Representative of the Subject. In the event of an absence or refusal by the obliged Subject, the head of the National Inspection Group shall appoint them.

In such a circumstantial act, the facts or omissions that had been presented during the inspection shall be recorded. In addition, the person with whom the due diligence was understood shall be given the opportunity to express, in the same act, what is appropriate in relation to the facts or omissions in the respective minutes and to provide the evidence which consider appropriate or failing to make use of that right within five working days of the date on which the due diligence is completed, to the authority that is identified in the body of the act.

Then, the minutes will be signed by all those who have intervened in the diligence and copies will be given to the Forced Subject or his representative. If the latter refuses to sign the minutes or to receive the copy thereof, the head of the National Inspection Group shall settle those circumstances in the minutes without affecting its validity.

Article 29. Within a maximum of 30 working days, the National Inspection Group shall draw up an inspection report to which it shall annex the minutes referred to in the the previous Article and forward it to the Secretariat.

Within a maximum of 30 working days following receipt of the inspection report, the Secretariat shall issue a reasoned and reasoned final report and deliver it to the National authority, as well as, if necessary, a request addressed to the Subject, specifying the measures to be taken, within a period of 15 working days, to correct the deficiencies or irregularities detected, that time limit shall be extended according to the circumstances of the requirement.

Article 30. In case the National Inspection Group concludes in its inspection report that the Forced Subject must adopt urgent measures or corrective, shall forward its report to the Secretariat within five working days from the date of preparation of the minutes, requesting the latter to issue a final report and a written request addressed to the Forced Subject, giving the deadline of five working days to implement those measures, depending on the circumstances arising from the requirement.

The corresponding requirement will be notified to the Subject, personally or by registered mail with acknowledgement of receipt.

Article 31. Within five working days following the expiration of the deadlines granted to the Subject, in Articles 29 and 30 to apply the measures necessary to correct the deficiencies or irregularities observed, the latter must communicate in writing and in detail to the Secretariat, have fulfilled the requirement in the terms of the same or, where appropriate, the degree of advancement when so is justified.

Article 32. The review of compliance with the requirement will start with the delivery to the representative of the Subject Subject of a new Inspection Mandate National.

In case the National Inspection Group concludes in its review report that the irregularities detected persist, the Secretariat will write a report that present, as appropriate and as soon as possible, to the Council.

Article 33. In case the National Inspection Group detects during the development of the inspection or review visit, the existence of acts or omissions It is likely to constitute a crime, and will inform the Secretariat, which will make the complaint to the Public Ministry of the Federation.

Article 34. The documents and data collected by the National Inspection Group during the development of inspection visits or reviews will be protected from compliance with the applicable provisions. Access to such documents and data shall be restricted to public servants who so require for the fulfilment of the powers and powers of the National Authority, the Secretariat or the National Inspection Group. Out of this case, they will only be transmitted with the prior written consent of the Forced Subject.

The samples taken by the National Inspection Groups may be analyzed at the place where the inspection is carried out or processed in specialized laboratories. Such samples shall be destroyed, on the instruction of the National Authority, until the time of the inspection or, where appropriate, the integration, prior investigation or criminal proceedings, as appropriate and provided that the nature of the the chemical substance of the National Listing in question so permits.

The Public Ministry of the Federation or the Federal Judicial Authority, as appropriate, will determine the conduct of the administration of the substances. National Listing chemicals insured or seized, after consultation with the National Authority.

For the purposes of the preceding paragraph, the Naci Authority shall verify which dependency or entity is in accordance with its powers and, to the nature of the National Listing chemicals insured or seized, may take charge of your administration.

The destruction of the insured or seized National Listing chemicals will be ordered only by the Public Ministry of the Federation or by the federal judicial authority in the case of chemical weapons in the terms of the provisions of this Law and, where appropriate, shall collect samples of such substances to be carried out in the prior investigation or in the process concerned.

CHAPTER FOURTH

INTERNATIONAL INSPECTIONS

Article 35. The Secretariat, in coordination with the Secretariat of Foreign Affairs, may arrange or negotiate with the OPCW Conformity Facility Agreements with Part VI of the Convention's Verification Annex.

Article 36. For verification of compliance with the obligations laid down in the Convention, the required subjects shall be subject to inspections. international, which are provided for in the same.

Article 37. The inspections referred to in the previous article will be carried out by the National Accompanying Group, who will support the Inspection Group. International designated in accordance with the Annex on Verification. The Required Subject must appoint a representative for each inspection and in its case review, who must be present in all diligence.

For each inspection, the Secretariat will integrate a National Accompanying Group and appoint its head as a representative for that diligence. Where appropriate, it shall designate the translators required and shall issue the duly substantiated and reasoned written order in which the inspection officer is required, the purpose of the diligence and the notification, where appropriate, of the action of the forces of public security to ensure the security of the development of inspection diligence.

Article 38. The National Accompanying Group will lead the International Inspection Group on the territory of the Republic or in areas under the jurisdiction of the Mexican State and shall take the necessary measures to ensure the transfer of the latter, its equipment and other material, in security conditions, from its point of entry to the country and to the point of departure from the territory of the Republic or the area under the jurisdiction of the Mexican State.

Article 39. At the start of the inspection, each member of the National Accompanying Group shall duly identify with the representative of the Forced Subject; The National Accompanying Group will show you the respective written order, giving you a copy of the order with autograph.

Article 40. The person with whom the diligence is understood shall allow the members of the International Inspection Group and the members of the National Group -the access to the Inspection Polygon in the terms provided for in the written order referred to in Article 37 of this Law.

In order to ensure the safety of the development of the inspection diligence, the head of the National Accompanying Group may request the aid of the force of public security.

Article 41. The inspections shall be carried out in accordance with the General Standards. The National Accompanying Group shall exercise the powers provided for in the Annex on Verification for the Accompanying in the Country and those that this Law recognizes to the National Inspection Groups, in so far as they do not contravene the Rules of Procedure. General.

The National Accompanying Group will ensure that due diligence is carried out with strict adherence to the national legal order, to these General Standards and to the mandate conferred by the OPCW to the International Inspection Group.

Article 42. Upon completion of the inspection visit, the National Accompanying Group will raise duplicate minutes in the presence of two witnesses. proposed by the representative of the Subject. In case of absence or refusal by such representative, the head of the National Accompanying Group shall appoint them.

The circumstantial act shall record the facts or omissions that have been presented during the inspection. Likewise, the representative of the obligated subject shall be given an opportunity to express, in the same act, what is appropriate to his right in relation to the facts or omissions in the respective act and to provide the evidence he considers to be appropriate or, failing that, make use of that right within five working days of the date on which the due diligence is concluded, to the authority which is identified in the body of the act.

The minutes will then be signed by all those who have intervened in the diligence, from which a copy will be given to the obliged subject or his representative. If the latter refuses to sign the minutes or to receive the copy thereof, the head of the group shall settle those circumstances in the minutes without affecting its validity.

Article 43. Within a maximum of thirty working days, the National Accompanying Group shall draw up a written minute to which it shall annex the minutes to which it is refers to the previous Article and shall forward it to the Secretariat. The details of the inspection, as well as any relevant knowledge of which knowledge is available, shall be indicated in that minute.

Article 44. When of the final report of the International Inspection Group referred to in the Convention, it is apparent that the Forced Subject must take action in order to correct any deficiencies or irregularities detected, the Secretariat shall assess the relevance of issuing a written request for the Forced Subject to proceed accordingly.

In this order, the Secretariat shall specify the measures that the obligated Subject shall take, within a period of 15 working days, to correct such deficiencies. or irregularities; this time limit shall be extended according to the circumstances arising from the requirement.

Article 45. Within five working days following the expiration of the deadline granted to the Subject Subject to remedy the deficiencies or irregularities observed, the latter must communicate in writing and in detail to the Secretariat, having complied with the measures ordered in the respective order or, where appropriate, the degree of progress when justified.

Article 46. The compliance review of the requirement shall be carried out in accordance with the applicable provisions of the Third Title Chapter Third of this Law.

In case the National Accompanying Group concludes in its review report that the detected irregularities persist, it will be in accordance with the provisions of the second of Article 32 of this Law.

Article 47. In case the National Accompanying Group detects during the development of the inspection or review visit, the existence of acts or Omissions likely to constitute a crime, shall inform the Secretariat, which shall make the respective complaint to the Public Ministry of the Federation.

TITLE FOURTH

OF THE SANTIONS

ONLY CHAPTER

DELITOS

Article 48. A prison term of two to six years will be imposed and one hundred to three hundred days fine:

I. To whom you provide false information or hide it, in the regulated statements by this Act;

II. To whom employing the amago, force or threat, impedes or impedes, the conduct of the inspections covered by this Law, or

III. To whom I made transfers of chemicals from Group 3 of the List National, with natural or moral persons of States not Party to the Convention, without prior receiving from the competent authority of that receiving State the certificate of Final Use, as referred to in Article 8, fraction III, of this Law.

Article 49. It will impose a penalty of fifteen to forty years of imprisonment and four hundred to a thousand two hundred days fine:

I. To whom I made transfers of chemicals from Group 1 of the List National with natural or moral persons of States not Party to the Convention;

II. To whom it produces, acquires, retains, transfers, or uses chemical substances of the Group 1 of the National Listing, for purposes other than those provided for in Article 7 (I) (a) of this Law;

III. To whom you produce, acquire, retain, transfer, or use chemical substances in the Group 1 of the National Listing, without the corresponding authorisation or in quantities exceeding the authorised ones;

IV. Who produces chemicals from Group 1 of the National Listing, in facilities other than the Single Small Scale Facility and alternate facilities approved by the National Authority;

V. A who produces chemicals from Group 1 of the National Listing, in alternate facilities authorised by the National Authority for purposes other than those permitted under points (a), (b) and (c) of Article 7 (4) of this

;

VI. Who produces chemicals from Group 1 of the National Listing, in alternate installations authorised by the National Authority, in quantities exceeding those permitted under points (a), (b) and (c) of Article 7 (4) of this Law, or

VII. To whom I order or request design, construction, equipment, financing, or hide facilities for the performance of Regulated Activities for the purposes of Desvio.

Article 50. It will impose six to twelve years of imprisonment and two hundred to six hundred days fine for transfers of chemical substances from the Group. 2 and 4 of the National Listing, with natural or moral persons of States not Party to the Convention.

Article 51. Any authority participating in the procedures provided for in this Law and exercising its powers shall be aware of the the probable commission of any of the offences provided for in this Chapter, must do so of the knowledge of the Public Ministry of the Federation and the National Authority.

TITLE FIFTH

OF THE ADMINISTRATIVE PROCEDURE

FIRST CHAPTER

GENERAL PROCEDURE RULES

Article 52. Any request submitted to the Secretariat by the obligated subjects, in accordance with the provisions of this Law and its Rules of Procedure, may be made by itself or by through a duly authorized legal representative, written in Spanish and, if applicable, accompanying documents that credit his/her personality. The document must be signed by the Forced Subject or his legal representative.

Documents submitted in a language other than Spanish shall be accompanied by a translation drawn up by a duly accredited translator.

Article 53. On any request, the applicant shall indicate domicile to hear and receive notifications within the national territory, persons authorized to such effects and to inform the Secretariat of any change thereof. In the event that the home change notice is not given, the notifications will be made legally in the address you have provided.

Article 54. Within the deadlines set in business days, Saturdays, Sundays, and 1o are not counted. of January; the first Monday of February in commemoration of February 5; the third Monday of March in commemoration of March 21; the 1o. of May; 16 September; the third Monday of November in commemoration of November 20; the 1st. of December of every six years, when it corresponds to the transmission of the Federal Executive Branch and December 25.

The deadlines set for periods and the dates determined for the fulfilment of obligations under this Law will be fatal.

When deadlines are fixed per month or per year, without specifying that they are calendar, it is understood that, in the first case, the deadline ends on the same day of the month of calendar after the one in which it was started and, in the second, the term will expire on the same day of the next calendar year to the one in which it was started.

By way of derogation from the preceding paragraphs, if the last day of the specified period or date, the offices of the Secretariat remain closed during the schedule (a) a normal working day or an indeft day, the period shall be extended until the following working day. This will be applicable in terms of the provisions of the Regulation of this Law.

In case of urgency or because there is justified cause, the Secretariat may be able to enable the indefable days, a determination that must be communicated to the obligated subjects, which will not alter the time count.

Article 55. The practice of notifications, inspections and revisions in the terms of this Law shall be carried out in working days and hours, which are the between seven and eighteen hours. Proceedings initiated in working hours may be concluded in an indeft time without affecting their validity.

Article 56. Notifications may be made personally, through electronic means of communication or by any other means, when so expressly accepted by the obliged subject and provided that the receipt of the notification can be verified.

Article 57. Personal notifications will be made at the Home of the Subject. The notifier must verify the address of the Subject and must submit a copy of the act notified and indicate the date and time the notification is made, obtaining the name and signature of the person with whom the diligence. If this is denied, it shall be recorded in the notification act, without affecting its validity.

Personal notifications, will be understood with the obligated Subject or its legal representative; in the absence of both, the notifier will leave the summons with any person who is find at home, so that the Forced Subject or its legal representative will wait at a fixed time of the next day. If the address is closed, the summons will be left with the nearest neighbor.

If the Required Subject or its legal representative does not comply with the summons, the notification shall be understood to mean any person who is at the address in which he/she is perform the due diligence and, if the refusal is to be received or if the address is closed, it shall be carried out by an instructor who shall be placed in a visible place of the address.

Of the steps on which the notification is made, detailed minutes shall be drawn up.

Article 58. Any public servant who is required to apply this Law shall be prevented from intervening in the acts or procedures provided for in this Law, where:

I. Have direct or indirect interest in the subject matter;

II. Tengan interest your spouse, your relatives consanguineos in straight line without degree limitation, collateral within the fourth grade or the like within the second;

III. There is parentage by consanguinity to the fourth degree or by affinity to the second, with the obligated Subject, with the administrators, legal representatives or leaders of the Forced Subject, or

IV. Exist friendship or manifest enmity with the Forced Subject, with the administrators, legal representatives or representatives of the obligated subject.

Article 59. The public server that is in any of the circumstances mentioned in the previous article, as soon as you are aware of it, is excussara to intervene in the procedure and will communicate it to the National Authority, who will resolve the conduct.

When the public server does not inhibit itself in spite of any of the impediments provided in this Law, the Forced Subject may promote the challenge before the Secretariat, providing the respective evidence.

The Secretariat will forward the challenge to the National Authority, so that it will resolve what is appropriate.

Article 60. Against the resolutions adopted on impediments, excuses and recusal, no recourse shall be made, without prejudice to the possibility of (a) plead the challenge of bringing the action provided for in this Law against the administrative decision or act in question.

CHAPTER SECOND

OF THE REVIEW RESOURCE

Article 61. Against the administrative acts or resolutions issued by the Secretariat, on the occasion of the application of this Law, the obligated subjects may bring the review before the Secretariat within 15 working days of the date on which it is aware of the contested act or decision, with the formalities laid down in this Title being observed.

Resolutions or acts not under appeal within the legal period laid down in this Article shall be granted by consent, and against them shall not be the means of impeachment.

Article 62. The action referred to in this Chapter shall be aimed at revoking, modifying or confirming the contested act or resolution, and the rulings that are issued. contain the fixing of the contested act, the statement of reasons, the legal basis on which they are supported and the decisions.

Article 63. The review facility shall be processed and resolved in accordance with the provisions of this Title and shall be subject to the provisions of this Title. The provisions of the Federal Code of Civil Procedures, in the conduct.

Article 64. The review facility will be interposed by writing that must meet the following requirements:

I. The name of the appellant and, where applicable, the data of the legal representative;

II. Home to hear and receive notifications and documents;

III. The act or resolution being used and the date on which it was notified or in which it was knowledge of the same;

IV. The controversial facts;

V. The grievances caused by the contested resolution or act, and

VI. The tests that are offered.

If the resource does not meet the above requirements, the Secretariat will require the appellant to within five working days of the notification of the prevention, comply with the same, in the established terms. If, within that period, the request is not met, the Secretariat shall discard the appeal.

Article 65. The appellant must accompany the interposition document of the resource as follows:

I. Documents that credit your personality;

II. The document on the record of the contested decision or act;

III. The constancy of notification of the contested decision or act, except where the The appellant declares under protest to speak truth that he did not receive such constancy, and

IV. The documentary evidence I offer and the expert opinion, if any.

Article 66. The review facility will be imparted when it is enforced against administrative acts or resolutions:

I. That do not affect the legal interest of the appellant;

II. That are dictated in the review or in compliance with statements;

III. They have been challenged in another way, provided it has the effect of revoking or modify the respective act or resolution, or

IV. That they have consented, in terms of Article 61 of this Law.

Article 67. The resource will be thrown out of hand and will be unfiled when:

I. Be present outside the time limit provided for in Article 61 of this Law;

II. Not accompanied by documentation that accredits the personality of the promote, or

III. Do not appear subscribed by the Forced Subject or its legal representative.

Article 68. The resource will be dismissed in the following assumptions:

I. For express withdrawal of the appellant;

II. When during the procedure in which the resource is substantiated cause of the origin of the points mentioned in this Law;

III. When of the constances working in the administrative file is left demonstrated that the contested resolution or act does not exist, or

IV. When the effects of the contested resolution or act have ceased.

Article 69. When it is alleged that the resolution or administrative act was not notified or was illegally notified, it will be the following:

I. If the appellant claims to know the administrative act or resolution, the challenge the lack of notification or the illegality of the notification, it will be enforced by the interposition of
review of the review, in which it will manifest the date on which it has met it.

In case you also contest the administrative act or resolution, the aggrieved express in that appeal, in conjunction with those who have been referred to in the absence of notification or the illegality thereof;

II. If the appellant refuses to know the administrative act or resolution, it will manifest such Failure to bring the review before the Secretariat. The said authority shall, where appropriate, make the act known to it, together with the notification which it has made.

The appellant shall have a period of 15 working days from the working day following the in which the authority has made known to it the respective act or resolution, in order to extend the appeal, by contesting the act and its notification or only the notification;

III. The competent authority to resolve the administrative appeal will study the (v) any complaints against the notification, prior to the examination of the challenge, which, where appropriate, has been made of the administrative act;

IV. If it is resolved that there was no notification or that it was illegal, the appellant will be as a knowledge of the act or administrative decision since the date on which he was informed or in which he was made known in the terms of section II of this Article, leaving without any effects everything acted on the basis of that, and shall proceed to the a review of the challenge which, where appropriate, would have been made against that act or resolution.

If it resolves that the notification was legally practiced and, as a result, The challenge against the act was brought out temporarily, such an action would be dismissed as inadmissible.

THIRD CHAPTER

PROCESSING AND RESOLVING THE RESOURCE

Article 70. The review facility will be initiated at the request of the Required Subject, in accordance with the provisions of this Law, in writing that shall be submitted to the Secretariat in accordance with the provisions of Chapter 1 of this Title.

Article 71. In accordance with the provisions set forth in this Title, the Required Subjects may offer all kinds of evidence, except for testimonial and the confession of the authorities.

The supervenlient tests may be presented whenever the resolution of the resource has not been dictated.

They will test fully the appellant's express confession, as well as the facts legally affirmed by authority in public documents, including digital ones; but, if in the cited public documents are contained statements of truth or manifestations of facts of individuals, the documents will only fully prove that, before the authority that issued them, such statements or manifestations were made, but not will prove the truth of the stated or manifested.

In the case of digital documents without electronic signatures or with electronic signatures other than an advanced electronic signature or digital stamp, for their assessment, shall be in accordance with Article 210-A of the Federal Code of Civil Procedure.

Article 72. Once the resource has been admitted by the Secretariat, it will have a deadline of thirty working days to resolve it.

After the term indicated without the Secretariat issuing the resolution to the appeal, the contested decision or act shall be deemed to be confirmed.

Article 73. The resolution of the appeal shall be based on the right and shall examine any and all grievances made by the appellant, having the Secretariat the the power to rely on a court of law; but where one of the grievances is sufficient to undermine the validity of the contested act, it is sufficient to examine that point.

The administrative acts may not be revoked or modified in the non-contested part by the appellant.

The resolution must clearly express the acts that are revoked, modified or confirmed.

Against the resolution of the review appeal, there will be no means of impeachment.

Article 74. The resolution that ends the resource may:

I. Revoke the contested act or resolution;

II. Modify the contested act, when the action brought is wholly or partially resolved in favour of the Forced Subject;

III. Overwrite the resource;

IV. Confirm the contested act, or

V. Mandate to replenish the administrative procedure.

Article 75. When the act or the judgment under appeal is left without effect, whether by a vice in the form of the contested decision or act, it may be replenished. By subsating the vice that produced its review; or by procedural defects, the procedure will be resumed and, in turn, the resolution or act that was revoked will be reestablished.

In both cases, the Secretariat will have a period of thirty days to replace the procedure and to issue a new resolution that will be final.

Also, where it is necessary to request information from abroad or third parties to corroborate data related to the operations carried out by the Subjects The time between the request and the person in which the information is provided shall not be counted within that four-month period.

APENDICE ONE

NATIONAL LIST

SUBSTANCES

CAS

GROUP 1

GROUP 1A

1

Alkil (methyl, ethyl, propyl (normal or isopropyl)) 0-alkilo phosphonofluoridates (

e.g.: Sarin: 0-isopropyl methylphosphonofluoridate

(107-44-8)

Soman: 0-pinacolyl methylphosphonofluoridate

(96-64-0)

2

N, N-dialkil (methyl, ethyl, propyl (normal or isopropyl)) phosphoramidocyanidates of 0-alkilo (

e.g.: Tabun: N, N-dimethylphosphoramidocyanate of 0-ethyl

(77-81-6)

3

S-2-dialkil (methyl, ethyl, propyl (normal or isopropyl)) aminoethylalkyl (methyl, ethyl, propyl (normal or isopropyl)) 0-1 (H or

e.g.: VX: S-2-diisopropylaminoethylmethylphosphonothiolate 0-ethyl

(50782-69-9)

4

Sulphur stashes:

2-chloroethyl sulphide

(2625-76-5)

Gas mustard: bis (2-chloroethyl) sulfide

(505-60-2)

Bis (2-chloroethylthio)methane

(63869-13-6)

Seschymostaza: 1,2-bis (2-chloroethylthio) ethane

(3563-36-8)

1,3-bis (2-chloroethylthio)propane normal

(63905-10-2)

1,4-bis (2-chloroethylthio)butane normal

(142868-93-7)

1.5-bis (2-chloroethylthio)pentane normal

(142868-94-8)

Bis (2-chloroethylthiomethyl)eter

(63918-90-1)

Mostaza O: bis (2-chloroethylthioethyl) ether

(63918-89-8)

5

Lewisitas:

Lewisita 1:2-chlorovinyldichloroarsin

(541-25-3)

Lewisita 2: bis (2-chlorovinyl) chloroarsine

(40334-69-8)

Lewisita 3: tris (2-chlorovinil) arsine

(40334-70-1)

6

Nitrogen Mostings:

HN1: bis (2-chloroethyl) ethylamine

(538-07-8)

HN2: bis (2-chloroethyl) methylamine

(51-75-2)

HN3: tris (2-chloroethyl) amine

(555-77-1)

7

Saxitoxin

(35523-89-8)

8

Ricin

(9009-86-3)

SUBSTANCES

CAS

GROUP 1B

9

Fosfonyldifluorides (methyl, ethyl, propyl (normal or isopropyl))

e.g.: DF: methylphosphonyldifluoride

(676-99-3)

10

0-2-dialkil (methyl, ethyl, propyl (normal or isopropyl)) aminoethylalkyl (methyl, ethyl, propyl (normal or isopropyl)) 0-1 (H or

e.g.: QL: 0-2-diisopropylaminoethylmethylphosphonite

(57856-11-8)

11

Sarin: 0-isopropyl methylphosphonochloridate

(1445-76-7)

12

Soman: O-pinacolyl methylphosphonochloridate

(7040-57-5)

GROUP 2

GROUP 2A

1

Amiton: Phosphorothiolate of 0,0-diethyl S-2-(diethylamino) ethyl and corresponding alkilated or protonated

(78-53-5)

2

PFIB: 1,1,3,3,3-pentafluoro-2-(trifluoromethyl) of 1-propene

(382-21-8)

3

BZ: 3-quinuclidinyl benzilate (*)

(6581-06-2)

GROUP 2B

4

Chemicals, other than the substances listed in Group 1, containing a phosphorus atom to which a methyl, ethyl or propyl (normal or isopropyl) group is linked, but not other carbon

e.g.: methylphosphonyl dichloride

(676-97-1)

methylphosphonate

(756-79-6)

Exception: Fonofos: O-ethyl S-phenyl ethylphosphonothioloonate

(944-22-9)

5

Dihalides N, N-dialkil (methyl, ethyl, propyl (normal or isopropyl)) phosphoramidic

6

N, N-dialkil (methyl, ethyl, propyl (normal or isopropyl)) dialkyl phosphoramidates (methyl, ethyl, propyl (normal or isopropyl))

7

Arsenic

(7784-34-1)

8

Acid 2,2-diphenyl-2-hydroxyacetic

(76-93-7)

9

Quuclidinol-3

(1619-34-7)

10

Chlorides of N, N-dialkil (methyl, ethyl, propyl (normal or isopropyl)) aminoethyl-2 and corresponding protonated

11

N, N-dialkil (methyl, ethyl, propyl (normal propyl or isopropyl)) aminoethanoles-2 and corresponding protonated

Exceptions: N, N-dimethylaminoethanol and corresponding protonated salts

(108-01-0)

N, N-diethylaminoethanol and corresponding protonated salts

(100-37-8)

12

N, N-dialkil (methyl, ethyl, propyl (normal propyl or isopropyl)) aminoethanolthioles-2 and corresponding protonated

13

Tiodiglycol: bis (2-hydroxyethyl) sulfide

(111-48-8)

14

Alcohol pinacolyl: 3,3-dimethylbutanol-2

(464-07-3)

15

Etilphosphonate diethyl (78-38-6)

(78-38-6)

16

Metilphosphonite O, O-diethyl

(15715 -41-0)

17

N, N-dimethylphosphoramidate

(2404-03-7)

18

N, N-diisopropyl-beta-aminoethanothiol

(5842-07-9)

19

2-chloroethyldiisopropylammonium

(4261-68-1)

20

2-diisopropylaminoethanol

(96-80-0)

21

2-chlorine-N, N-diisopropylylamine

(96-79-7)

22

Etilphosphonate O, O-dimethyl

(6163-75-3)

23

Dichloroethylphosphine

(1498-40-4)

24

ethylphosphinyl difluoride

(430-78-4)

25

Dichloride ethylphosphonic

(1066-50-8)

26

Acid methylphosphonic

(993-13-5)

27

Metilphosphonate of diethyl

(683-08-9)

28

Dichloride dimethylphosphoramidic

(677-43-0)

29

methylphosphorothioate dichloride

(676-98-2)

SUBSTANCES

CAS

GROUP 3

GROUP 3A

1

Fosgeno: carbonyl dichloride

(75-44-5)

2

Cyanogen Chloride

(506-77-4)

3

hydrogen

(74-90-8)

4

Chloropicrine: trichloronromethane

(76-06-2)

GROUP 3B

5

phosphorus Oxchloride

(10025-87-3)

6

phosphorous

(7719-12-2)

7

Phosphorus Pentachloride

(10026-13-8)

8

Fosfito trimethyl

(121-45-9)

9

Fosfito triethyl

(122-52-1)

10

Fosfito Dimethyl

(868-85-9)

11

Fosfito diethyl

(762-04-9)

12

Sulphur monochloride

(10025-67-9)

13

Sulphur dichloride

(10545-99-0)

14

Tionyl

(7719-09-7)

15

Etildiethanolamine

(139-87-7)

16

Metildietanolamine

(105-59-9)

17

Triethanolamine

(102-71-6)

GROUP 4

1

1-methylpiperidin-3-ol

(3554-74-3)

2

Potassium Fluoride (7789-23-3)

(7789-23-3)

3

2-chloroethanol

(107-07-3)

4

Dimethylamine

(124-40-3)

5

dimethylammonium

(506-59-2)

6

Hydrogen Fluoride

(7664-39-3)

7

methyl Bencil

(76-89-1)

8

Quinnuidin-3-one

(3731-38-2)

9

3,3-dimethylbutanone

(75-97-8)

10

Potassium

(151-50-8)

11

Potassium Bifluoride

(7789-29-9)

12

Ammonium bifluoride

(1341-49-7)

13

Sodium hydrogenedifluoride

(1333-83-1)

14

Sodium

(7681-49-4)

15

Sodium cianide

(143-33-9)

16

Phosphorus Pentasulfide

(1314-80-3)

17

Diisopropylamine

(108-18-9)

18

Disodium Sulfide

(1313-82-2)

19

ammonium tris (2-hydroxyethyl) ammonium

(637-39-8)

20

Fosfito triisopropyl

(116-17-6)

21

O-O, Diethyl phosphorothioate

(2465-65-8)

22

O-O, Diethyl phosphorodithioate

(298-06-6)

23

Sodium Hexafluorosilicate

(16893-85-9)

24

N, N-diethylaminoethanol and corresponding protonated

(100-37-8)

GROUP 5

1

Organic Chemicals Defined (SQOD)

SQOD

Exceptions: Polymers and oligomers consisting of two or more repeated units;

Chemicals and chemical mixtures produced through biological or medical processes;

Products from crude oil refining, including crude oil with sulphur content;

Metal carburs (example: chemicals consisting of metal and coal only);

SQOD produced by synthesis that are food ingredients or co-products for human and/or animal consumption.

APPENDIX TWO

PART STATES

1.      Afghanistan

41.    Costa Rica

81.    Iceland

2.      Albania

42.    Croatia

82.    Cook

3.      Germany

43.    Cuba

83.    Marshall

4.      Andorra

44.    Denmark

84.    Solomon

5.      Antigua and Barbuda

45.    Dominica

85.    Italy

6.      Saudi Arabia

46.    Ecuador

86.    Jamaica

7.      Algeria

47.    El Salvador

87.    Japan

8.      Argentina

48.    United Arab

88.    Jordan

9.      Armenia

49.    Eritrea

89.    Katar

10.    Australia

50.    Slovakia

90.    Kazakhstan

11.    Austria

51.    Slovenia

91.    Kenya

12.    Azerbaijan

52.    Spain

92.    Kyrgyzstan

13.    Bahrain

53.    Micronesia Federated States

93.    Kiribati

14.    Bangladesh

54.    United States

94.    Kuwait

15.    Barbados

55.    Mexican United States

95.    Latvia

16.    Belgium

56.    Estonia

96.   

17.    Belize

57.    Ethiopia

97.    Liberia

18.    Benin

58.    Russian Federation

98.    Libya

19.    Belarus

59.    Fiji

99.    Liechtenstein

20.    Bolivia

60.    Philippines

100. Lithuania

21.    Bosnia Herzegovina

61.    Finland

101. Luxembourg

22.    Botswana

62.    France

102. Macedonia

23.    Brazil

63.    Gabon

103. Madagascar

24.    Brunei Darussalam

64.    Gambia

104. Malaysia

25.    Bulgaria

65.    Georgia

105. Malawi

26.    Burkina Faso

66.    Ghana

106. Mali

27.    Burundi

67.    Greece

107. Malta

28.   

68.   

108. Morocco

29.    Cape

69.    Guatemala

109. Mauritius

30.    Cambodia

70.    Guinea

110. Mauritania

31.    Cameroon

71.    Guinea Bissau

111. Monaco

32.    Canada

72.    Equatorial Guinea

112. Mongolia

33.    Chad

73.    Guyana

113. Montenegro

34.    Chile

74.    Haiti

114. Mozambique

35.    China

75.    Honduras

115. Namibia

36.    Cyprus

76.    Hungary

116. Nauru

37.    Colombia

77.    India

117. Nepal

38.    Comoro

78.    Indonesia

118. Nicaragua

39.    Congo

79.    Iran (Islamic Republic of)

119. Niger

40.    Ivory

80.    Ireland

120. Nigeria

121. Niue

143. Romania

165. Tanzania

122. Norway

144. Samoa

166. East Timor

123. New Zealand

145. St Kitts and Nevis

167. Togo

124. Oman

146. San Marino

168. Tonga

125. Netherlands

147. Saint Vincent and the Grenadines

169. Trinidad and Tobago

126. Pakistan

148. Saint Lucia

170. Tunisia

127. Palau

149. Holy See

171. Turkmenistan

128. Panama

150. São Tomé and Príncipe

172.

129. Papua New Guinea

151. Senegal

173. Tuvalu

130. Paraguay

152. Serbia

174. Ukraine

131. Peru

153. Seychelles

175. Uganda

132. Poland

154. Sierra Leone

176. Uruguay

133. Portugal

155. Singapore

177. Uzbekistan

134. United Kingdom of Great Britain

156. Sri Lanka

178. Vanuatu

135. African Central Republic

157. Swaziland

179. Venezuela

136. Czech Republic

158. South Africa

180. Vietnam

137. Republic of Korea

159. Sudan

181. Yemen

138. Republic of the Maldives

160. Sweden

182. Djibouti

139. Republic of Moldova

161. Switzerland

183. Zambia

140. Democratic Republic of the Congo

162. Suriman

184. Zimbawe

141. Lao People's Democratic Republic

163. Thailand

142. Rwanda

164. Tajikistan

STATES NOT PART

1.      Angola

2.      Bahamas

3.      North

4.      Egypt

5.      Iraq

6.      Israel

7.      Lebanon

8.      Myanmar

9.      Dominican

10.    Syria

11.    Somalia

ARTICLE SECOND.- ..........

TRANSIENT

First. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

Second. All provisions that contravene or object to the provisions of this Decree are repealed.

Third. The Federal Executive shall issue and publish in the Official Journal of the Federation, the Regulation of this Law.

Fourth. The competent authorities shall issue and publish in the Official Journal of the Federation, the chemical substances of the National List, with their respective tariff fractions and nomenclature, within 90 calendar days following the publication of this Decree.

Fifth. The competent authorities shall issue the relevant administrative provisions for publication in the Official Journal of the Federation of the respective procedures for obtaining authorisations and permits for import and export, within the period of 90 calendar days following the publication of the tariff fractions and nomenclature referred to in the Article previous.

Sixth. The Registry shall be in operation no later than 90 calendar days following the expiration date of the deadline referred to in the Third Transitional Article, which may be extended if the competent authorities have not issued the corresponding administrative provisions; the same period within which the National Authority, through the Secretariat, shall be responsible for the it shall issue the administrative provisions governing its integration, operation, as well as procedural rules for procedures.

Seventh. The erogations derived from the implementation of this Decree, will be covered with organizational structures and the authorized budgets of the dependencies which, depending on their competence, are to carry out the corresponding actions. Should the application of this Law create an obligation that exceeds the budgetary capacity of the competent agencies, the corresponding resources shall be managed in the terms of the applicable legislation.

Eighth. Required subjects who operate prior to the entry into force of this Decree and those that are constituted before they enter into operation of the Register, submit your application for registration to the Registry no later than ninety calendar days after the entry into operation of the Register and its initial declaration no later than ninety days natural following the registration in the Register.

Ninth. In the respective formalities, in addition to the legal and administrative provisions that upon the entry into force of this Decree, establish requirements for the granting of authorisations, permits or licences, relating to the production, production, consumption and transfer of chemical substances set out in the National List, the requirements for the presentation of registration and declaration, provided for in this Decree.

Tenth. For the performance of the functions of the National Authority and the exercise of the powers of the Secretariat, the material resources shall be used, human and financial resources assigned to the agencies, institutions, bodies and administrative units that make up them, in accordance with the responsibilities that correspond to them, so they will not require additional resources for this purpose.

Tenth First. To be in a position to present the initial declarations provided for in Article 20 of the Federal Substance Control Act. Chemicals susceptible to Desvio for the Manufacture of Chemical Weapons, the subjects obliged to the date of entry into force of this Decree, to carry out any of the activities Regulated, must manifest, if necessary, the type, quantity, chemical name, common or commercial name, structural formula, registration number CAS, if assigned, tariff fraction, Final Use, Final Destination and End User of chemical substances and related precursors in the National List, of which it has possession or ownership, as well as the documents that credit it information.

In the same way, the obligated subjects must state, where appropriate, the detailed inventory of the equipment that they have in possession, possession or possession and that they use for the production, manufacture or consumption of the chemical substances and related precursors in the National List.

Mexico, D.F., on February 24, 2009.-Sen. Gustavo E. Madero Muñoz, President.-Dip. Cesar Horacio Duarte Jaquez, President.-Sen. Gabino Cue Monteagudo, Secretary.-Dip. Manuel Portilla Dieguez, 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, on June 8, two thousand nine.- Felipe de Jesús Calderón Hinojosa.-Rubrica.-The Secretary of the Interior, Lic. Fernando Francisco Gomez Mont Urueta.-Heading.