Unidad 1 Prior Recognition Flashcards

1
Q

What is consignment?

A

An arrangement in which goods are left with a third party to sell.

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2
Q

What is shipping?

A

The physical movement of goods from one point to another.

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3
Q

What is freight?

A

The carrying of goods from one place to another by vehicle.

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4
Q

What is procurement?

A

Every activity involved in obtaining the goods and services a company needs to support its daily operations.

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5
Q

What is merchant?

A

A person who buys or sells goods in large quantities, especially one who imports or exports them.

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6
Q

What is supply chain?

A

Network of companies and people that are involved in the production and delivery of a product or service.

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7
Q

What is the legal basis for the prior recognition?

A

Art. 42 Customs Law

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8
Q

What are some requirements to become a customs agent (Art. 159 LA)?

A
  • Mexican Citizen
  • Not been convicted of a crime
  • Not be a public servant
  • Not be related to the admin.
  • Have a professional title and experience
  • RFC
  • Knowledge and psycho-technical tests
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9
Q

When will the patent be granted if you meet the requirements to be a customs agent?

A

Within 4 months, and it is personal and non-transferable

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10
Q

What do you need to be an authorized representative of a customs agent?

A

Have a power of attorney for administrative acts and have customs experience of more than 3 years

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11
Q

What does article 161 say about customs ascription?

A

A customs agent may request authorization from the SAT to act in 3 other customs offices, additional to its affiliation.

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12
Q

Can a customs agent act in a customs office other than those authorized?

A

Only for the internal transit regime

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13
Q

What article talks about the obligations of a customs agent?

A

Article 162 Customs Law

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14
Q

What is an entry summary?

A

It’s a tax document prepared by the customs broker in a form approved by the SHCP, in which the merchandise to be introduced or extracted from national territory is manifested.

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15
Q

What data does the entry summary contain?

A
  • Quantity and type of merchandise
  • Data for identifying the merchandise
  • Origin
  • Value
  • Tax base
  • RRNA’s
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16
Q

What do you need to know before elaborating an entry summary?

A
  • Tariff classification
  • Physical, technical and labeling characteristics
  • Commercial brand, model, batch, country of origin
  • Individual identification data (serial number)
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17
Q

What are the key functions of a customs agent?

A
  • Recheck the tariff classification
  • Prepare the customs malue manifestation
  • Issue certificates of origin (for export)
  • Provide updated info on foreign trade
  • Management and logistics
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18
Q

Who is the importer?

A

Businessman or company that is dedicated to buying products from foreign customers and then selling them in the local market to obtain a profit.

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19
Q

What are some characteristics of the importer?

A
  • Their suppliers are foreign countries
  • Intermediary between manufacturer and customer
  • Involved with everything in international transactions
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20
Q

What are some risks that the importer poses?

A
  • Exchange risks (foreign currency may increase value)
  • Logistics administration (have control of merchandise until destination)
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21
Q

What does Rule 1.3.6 of the RGCE talk about?

A

Authorization to import for one time only without being registered in the Importer Registry.

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22
Q

Who should register under the Specific Importer Registry?

A

A taxpayer who wishes to import goods from Annex 10 Section A of the RGCE.

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23
Q

How many sectors are in Annex 10 Section A of the RGCE? Name a few products from this Annex.

A

16 sectors total
* Explosives
* Chemical products
* Cigars
* Textiles
* Footwear

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24
Q

Who is the exporter?

A

Businessman or company that sells its products and/or services to clients abroad.

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25
Q

What registry should you register in if you want to export goods from Annex 10 Section B of the RGCE?

A

Sectoral Exporter Registry

26
Q

How many sectors are there in Annex 10 Section B of the RGCE? Name some products included in this Annex.

A

15 sectors
* Alcohol, tequila, beer
* Cigars
* Iron, gold
* Wood, paper
* Glass

27
Q

Who is the shipper?

A

Also known as a consignor, the person or company responsible for organizing and transporting goods from one point to another.

28
Q

What are some of the shipper’s responsibilities?

A
  • Safeguarding documents delivered by the client (packing list)
  • Make sure the cargo is well-secured
  • Check condition of the merchandise
  • Plan the best route to the delivery point
29
Q

What is the legal basis for the customs clearance?

A

Art. 35 Customs Law

30
Q

What is customs clearance?

A

Set of acts and formalities related to the entry of merchandise into the national territory and its exit from it, carried out before customs using Electronic Customs System.

31
Q

What is the prior recognition for?

A
  • To know the quantity of merchandise
  • Merchandise specifications (quality, labeling, serial numbers, physical and technical characteristics)
  • Origin of the merchandise
32
Q

What is direct clearance?

A

When the importer/exporter has unlimited responsibility for the acts of their representatives and assistants. (The company is responsible)

33
Q

What is indirect clearance?

A

When the companies choose representation through the Customs Agent.

34
Q

What is the legal basis for the verification of goods difficult to classify?

A

Art. 47 Customs Law

35
Q

What are the two instances when the advisory technical meetings can be held?

A
  • Before prior recognition
  • During the customs recognition
36
Q

What is the procedure prior to dispatch for the technical meetings?

A
  • Request in writing the holding of a technical meeting.
  • Provide a sample to customs
  • Customs sets date within 2 days and not exceed 5 business days
  • The administrator or representative must participate
  • Customs draws up a minute
  • Admin issues a resolution
  • Minutes and photos are sent by email
37
Q

What is the procedure during customs recognition for the technical meetings?

A
  • Within 10 days, request a technical meeting
  • Customs will hold the meeting within 3 days.
  • Correct = Resolution
  • Incorrect = PAMA
38
Q

How many samples can be taken from a merchandise?

A

Three

39
Q

Who receives the samples?

A
  • Central Administration of Laboratory and Scientific Services
  • Customs custody
  • Customs agent
40
Q

How is the sample number formed?

A
  • Code of the customs office
  • Corresponding progressive number
  • 2 digits of the year
41
Q

Within how many days does the laboratory obtains the results?

A

Within 45 days

42
Q

What is quartering?

A

Divide solids into 4 sections, take the two samples perpendicular to each other, separate, mix and repeat.

43
Q

What is the legal basis for sampling of dangerous merchandise?

A

Art. 45 Customs Law

44
Q

In what Annex of the RGCE do you find the chapters of esterile, radioactive and dangerous merchandise?

A

Annex 23 of the RGCE

45
Q

What are some products included in Annex 23 of the RGCE for dangerous merchandise?

A
  • Ch. 27: Gas, propane, butane
  • Ch. 28: Chlorine, fluorine, lead, ammonium
  • Ch. 29: Propylene, ethylene
  • Ch. 36: Gunpowder, dynamite, explosives
  • Ch. 37: Photograph films
  • Ch. 38: Fungicides
46
Q

How is the customs verification divided?

A
  • General (Customs Law): home visit, desk visit and electronic review
  • Special (Other tax codes): customs recognition and review of goods in transport
47
Q

What does Article 67 of the CFF say?

A

The taxpayer must keep all documents for at least 5 years

48
Q

What is the legal basis for the entry, exit or control of goods in authorized place and schedule?

A

Art. 10 Customs Law

49
Q

What means of transport are there according to Article 11 of the Customs Law?

A
  • Maritime
  • Ground
  • Air
  • Railway
  • River
  • Others (postal, tubes)
50
Q

What is a fiscal precinct?

A

Those places where the customs authorities carry out the functions of handling, storage, custody, loading and unloading of merchandise, inspection and customs clearance.

51
Q

What is a bonded warehouse?

A

Properties located within the facilities of customs of individuals that were granted concession by the SAT for handling, storage and custody of merchandise. Granted by bidding

52
Q

What are some requirements for bonded warehouses?

A
  • Prove to be a legal entity
  • Have moral and economic solvency
  • Technical, administrative and financial capacity
  • Shareholders with experience
  • Comply with their taxes
53
Q

For how long can the concession be granted for bonded warehouses?

A

For 20 years, with possibility of extension for another 20 years

54
Q

Where do you find the list of bonded warehouses in Mexico?

A

Appendix 6, Annex 22 of the RGCE

55
Q

Where do you find the schedules for all Mexican Customs Offices?

A

Annex 4 of the RGCE

56
Q

What is the legal basis for strategic bonded warehouses?

A

Art. 14-D Customs Law

57
Q

What are the responsibilities for those authorized for strategic bonded warehouses?

A
  • Administrate, supervise and control
  • Allow customs authorities for clearance
  • Pay for maintenance
  • Provide customs with equipment for clearance
58
Q

What is the entry summary code for strategic bonded warehouses?

A

M3, and G9 to extract for definite import

59
Q

Where can you find all strategic bonded warehouses in Mexico?

A

Appendix 21, Annex 22 of the RGCE

60
Q

What is fiscal route?

A

Route authorized by customs, used to carry out clearance, and the means in which they are transported or driven, transit of vehicles, as well as passengers who introduce merchandise.