ARTICLE 93: INFRACTIONS SANCTIONS BY THE SECRETARY OF ECONOMY (SECRETARÍA DE ECONOMÍA)

     

    Corresponds to the Ministry (LCE: Art. 3) (RLCE: Art. 1) to sanction the following infractions:

  • Falsify data or documents, as well as omit or alter them with fraudulent intent or grave negligence in matters of proof of origin, prior permits, quotas, (RLCE: Art. 15) and origin labeled, with a fine equivalent twice the value of the merchandise exported or imported and, in the absence of this data, for the amount of twice the value of the merchandise consigned in the corresponding document;
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  • To allocate the imported merchandise for a purpose other than that for which the import permit was issued, in cases in which this requirement has been established, with a fine of twice the value of the imported merchandise;
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  • Provide false data or documents or omit the real ones or alter them to obtain the application of the regimen of the compensatory fees or safeguard measures, with a fine up to the value of the merchandise imported in the investigation period in question;
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  • To omit the presentation to the Ministry of the documents or reports in the cases referred to in article 55 (LCE: Art. 55) within the period indicated in the respective requirement, with a fine of 180 times the minimum wage;
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  • Repealed;
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  • Disseminate confidential information or use it for personal benefit, under the terms of article 80 of this Law (LCE: Art. 80) or, in relation to the dispute resolution mechanisms established in international treaties or conventions to which Mexico is a part of, with a fine proportional to the damage caused or to the benefit obtained by the disclosure or use of said information.
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    For the purposes of this article, minimum wage shall be understood as the current daily general wage in the Federal District at the time the offense was committed.

    For the application of the fine referred to in section VI of this article, the Ministry will take into account the seriousness of the infringement, the damages caused, as well as the background, personal circumstances and economic situation of the offender.

    The fines referred to in this article shall be imposed independently of the corresponding criminal and civil penalties, in the terms of applicable legislation. For the imposition of fines, the alleged offender must be heard beforehand.