Enter your search here

ARTICLES

LEGAL RESOURSES

Exchange rate:

$

    • ARTICLE 173: RULES TO WHICH VERIFICATION VISITS ARE SUBJECT

     

    For the verification visits referred to in article 83 of the Law (LCE: Art. 83) the following rules must be observed:

  • The visits will be made in the place indicated by the interested party to visit;

    •  

  • Visits will be attended by the visitor or its accredited representative, or by the person who will be on the date the visit is made;

    •  

  • At the beginning of the visit, the visitors who intervene must be duly identified before the person or people with whom the diligence is understood, requiring it to designate two witnesses. If they are not designated or those designated do not agree to serve as such, the visitors will designate them, stating this circumstance in the act they cause without invalidating the results of the visit;

    •  

  • Interested parties, their representatives, or the person with whom the visit is understood, are required to allow visitors designated by the Ministry (RLCE: Art. 1) access to the place or places subject to the diligence and make available the accounting and other documents that support the information presented in the course of the investigation. In this case, the visitors may obtain a copy so that after checking their originals, they may be attached to the act drawn up on the occasion of the visit. They must also allow the verification of merchandise, documents, disks, tapes, or any other actionable means of data storage that the interested party has in the visited places.

    •  

    If the interested party to whom it visits carries its accounting or part of it with the electronic registration system, the computer equipment and its operators must be made available to the visitors, to assist them in the development of the visit;

     

  • An act shall be drawn up for any visit in which the facts or omissions known to the visitors shall be recorded in a circumstantial manner;

    •  

  • Once the verification has been completed and the respective act have been drawn up, no additional acts may be drawn up without a new notification;

    •  

  • Once the verification has been completed and the respective act have been drawn up, the interested parties or their representatives may submit to the Ministry their objections, opinions and complementary information that the authority itself would have requested during the verification, within the following five days from the closing of the respective act. If within this period there are no opinions or objections on the content of the act, the facts or omissions contained therein will be considered accepted, and

    •  

  • The act drawn up during the verification visit will be signed by the visitors, the interested party or their representative or with whom the diligence has been understood and by the witnesses. If any of the aforementioned people refuse to sign the respective act, the visitors shall record this circumstance in the act themselves without affecting their validity and probative value.

    •  

    The Ministry may conduct verification visits in all procedures regarding unfair international trade practices and safeguard measures, including the special procedures referred to in the Law and these Regulations.