ARTICLE 14: CUSTOMS-ENABLED PRECINCTS UNDER CONCESSION

Handling, storage and custody of foreign trade merchandise are activities under the jurisdiction of customs authorities.

Customs precincts are those places where customs authorities carry out the functions of handling, storage, (LFD: Art. 41) (LFD: Art. 42) (LFD: Art. 44), custody, loading and unloading (LFD: Art. 40) (RLA: Art. 40) (RLA: Art. 41) (RLA: Art. 48) of foreign trade merchandise, as well as the inspection, customs clearance of such merchandise.

The Tax Administration Service (Servicio de Administración Tributaria) may grant concessions (RLA: Art. 239) to private parties to provide the services of handling, storage and custody of merchandise in immovable properties located within the customs precincts, such properties will be called customs-enabled precincts under concession (RLA: Art. 62) (RGCE 2022: Apendice 6) (LA: Art. 144A). Concessions will be granted through public bidding in accordance with the provisions of the Regulations (RLA: Art. 53) and will include the use or enjoyment of the property where the services will be provided.

In order to obtain the concession referred to in the previous paragraph (LFD: Art. 40), the private party must (RGCE 2022: Regla 2.3.1) submit proof of being a legal entity incorporated in accordance with Mexican laws, as well as, proof of its moral and economic solvency, technical, administrative and financial capacity, and that of its shareholders, proof of its experience in the performance of handling, storage and custody services, and being up to date with its fiscal obligations, an investment schedule and any other documents established in the Regulations must be attached to the application (RLA: Art. 199), to prove that the applicant meets the required conditions.

Concessions may be granted for a term up to twenty years, which can be extended upon request from the interested party up to another equal term, provided that the extension request is submitted within the last three years of the first term and that the interested party continue to meet the requirements for the concession to be granted and with the obligations derived from it.

At the end of the concession or its extension, the works, installations and adaptations carried out within the customs precinct, as well as the equipment destined to rendering the services mentioned, will become property of the Federal Government, in the condition they are, without any consideration payment to the concessionaire.