Customs Documents, Territorial Jurisdiction and Competition Law

Free Competition

Free Competition: Situation in which any economic subject—supplier or buyer—has complete freedom to enter or exit the market, and no participant within it has the possibility to impose conditions in terms of trade.

Territorial Jurisdiction

Territorial Jurisdiction: Applies when a court determines that concerted actions and legal processes should be decided according to territory. In these cases, jurisdiction varies between competition authorities at the same hierarchical level but belonging to different geographic areas.

Types of Jurisdiction

• The Establishment — General

  The Establishment: That which, in response to an objective criterion, specifies the class of competent court—from magistrates' courts up to the Supreme Court.

• The Establishment — Exception

  The Establishment: Exception: The Supreme Court and High Court operate on a territorial basis; this tribunal is particular and functions at the same degree as the authority.

Documents

Documents: A map of the goods entering and leaving the national territory, consisting of import or export customs declarations, commercial invoices, Mexican Official Standards, and the documentation to verify compliance with regulations and non-tariff restrictions.

Types of Customs Documents

• Order of Arrest

  Order of Arrest: Official document issued by the central customs authority by which customs staff are instructed to carry out a customs precautionary embargo (seizure) against a particular person or entity.

• Order for Verification of Goods Transport

  Order for Verification of Goods Transport: Official documents issued by central customs authorities or by the administrator of each office, which authorize and instruct customs personnel to survey goods in transit through national territory.

• Patent

  Patent: Document issued by the Secretary of Finance and Public Credit for the performance of activities related to the export and import of goods.

• Petition

  Petition: A document that covers the entrance and exit of goods from the country in which the importer or exporter, the provider, a detailed description of the goods, value, quantities, origin, the tariff regime that targets the goods, and the name and number of the customs broker's patent are specified. It also indicates if customs clearance is handled by others.

• Consolidated Motion

  Consolidated Motion: Formal request document that groups several operations for a single exporter.