Regulations of the Fiscal Precinct
COVER
These Regulations are applicable to all persons, machinery and the means in which they are transported or driven, at the entrance and exit of the Bonded Warehouse and the facts or acts derived from said operation, as well as the activities carried out by the personnel of the maneuvering companies, customs agents and their dependents, the owners of the merchandise or in general to the users that are inside the Bonded Warehouse.
1. OPERATIONAL CONTROLS
1.1. In the case of handlers, customs agents, shippers, consignees of goods and users of foreign trade goods in the bonded area, persons who do not have an official Customs badge in a visible place will not be allowed to enter, in accordance with Article 17 of the Customs Law in force; those not mentioned in the above cases must apply for a visitor's badge at Gate No. 1 of the Port Precinct. 1 of the Port Precinct, in case of not having an official badge, a letter of authorization from the Ensenada Customs must be presented, mentioning the work in the bonded area.
1.2. Vehicular and pedestrian flow shall be respected, as well as all the provisions indicated in the horizontal and vertical signage of the Fiscalized Precinct, consisting of:
Vertical signage
- Indications of access and exits to the Fiscalized Precinct
- Garbage containers
- Storage areas
- Speed limits
- Authorized vehicle parking spaces
- Safety and operating standards
Horizontal signage
- Direction of roads
- Warehouse areas
- Evacuation routes, meeting places in the event of a disaster
- Pedestrian routes
- Traffic restrictions (weight allowance and others)
- Road to the tax route
1.3. At the end of the maneuvers, users, maneuverers, operators and service providers operating within the Fiscalized Precinct must: clear their work area, remove the machinery (cranes, implements used) and clean the garbage generated during the maneuvers.
1.4. It is strictly forbidden to carry out maneuvering and handling of goods in areas designated as roads, assembly points, and restricted areas.
1.5. The vehicles of customs agents, dependents, owners of merchandise and users in the Bonded Warehouse may only be parked in the exclusive areas located outside the Precinct.
1.6. In cases where the entry of vehicles is authorized, the necessary facilities shall be provided for supervision inside the means of transport at the entry and exit of the vehicles.
1.7. Persons who do not justify their stay within the Premises or who have no connection with the operation shall not be allowed to circulate or remain in work areas; therefore, any person who is caught not complying with this Rule shall be removed by the surveillance personnel.
1.8. It is the responsibility of the maneuvering companies, operators, service providers and other users to supervise and monitor compliance by their workers with safety and environmental protection measures within the Bonded Warehouse.
1.9. The customs broker, must inform the personnel of the bonded warehouse of the activities that are going to be carried out to the merchandise object of the transfer, For which they will have to be subject to a work schedule inside the Bonded Warehouse, that includes from 08:00 to 18:00 hours from Monday to Friday and from 09:00 to 13:00 hours on Saturdays, except holidays and nonworking days.
1.10. Those who carry out the transfer of goods between Bonded Warehouses must fully comply with the requirements established in the Customs Law in force and with the internal guidelines issued by the local Customs.
1.11. The hours for the departure of containers with cargo or general import merchandise from the Bonded Warehouse to the fiscal route shall be from Monday through Friday from 08:00 to 16:45 hours and on Saturdays from 09:00 to 11:45 hours, except for operations from the Bonded Warehouse to the vessels and vice versa in direct loading and unloading to the vessel. Outside these hours and on Sundays and holidays, only goods duly authorized by means of an extraordinary service issued by Ensenada Customs will be allowed to leave the premises, and empty containers and tractor-trailers with their empty platforms may be released from 08:00 to 20:50 hours from Monday to Friday and from 09:00 to 13:50 hours on Saturdays.
In order to carry out the transfer of merchandise between the Bonded Warehouses, they will be subject to the schedule from Monday to Friday from 08:00 to 18:00 hours and on Saturdays from 08:00 to 13:00 hours, prior compliance with the requirements and controls of each Precinct.
1.12. The merchandise stored within the Bonded Warehouse may only be removed at the request of the customs broker, once the payments for the storage service (if applicable) have been made, the import customs declaration is presented in accordance with the terms of General Rule on Foreign Trade Matters 2.2.3, and the exit permit is authorized by the Bonded Warehouse personnel.
1.13. When, due to operational needs, the maneuvering company carries out the handling of merchandise in the designated road areas or moves a special oversized load, it must place the necessary vertical signage for the prevention of accidents, with prior authorization of the personnel of the Bonded Warehouse, who will be in charge of overseeing the development of said activities.
1.14. The entry into the Bonded Warehouse of furniture, computer equipment, infrastructure, and other instruments by customs agents, handlers, dependents, owners and users, shall only be made upon prior written request to the person in charge of the Bonded Warehouse and with the authorization of the same.
1.15. In the case of maneuvers in the Warehouse, the maneuvering companies in the loading and unloading maneuvers shall not obstruct pedestrian or traffic areas, as well as the stowage shall not exceed a maximum of 2.40 meters.
1.16. At the end of their daily activities, maneuvering companies must submit in writing the form "Report of Operations at the API-ENS-GO-F-28" to the personnel of the Bonded Warehouse, where they declare in detail the data of the operation carried out, containing the Vo.Bo. of the client or consignee of the merchandise.
In the case of any operation in a bonded warehouse, the handling company must submit the aforementioned form for each container to which it provides its services to the cargo.
2. ENVIRONMENTAL AND SAFETY CONTROLS
2.1. Persons not wearing personal protective equipment will not be allowed to enter the Bonded Warehouse, depending on the activities to be carried out:
ACTIVITY | REQUIRED SAFETY EQUIPMENT |
---|---|
Maniobrista | Helmet, reflective vest, girdle, safety shoes (sport shoes or sandals are not acceptable). |
Cleaning | Reflective vest, safety shoes (sport shoes or sandals are not acceptable) and helmet when working in the maneuvering area. |
Customs brokers, maneuver supervisors, authorities, users, etc. | Helmet, reflective vest and safety shoes (sport shoes or sandals are not acceptable). |
Transport vehicle drivers and machine operators | Helmet, reflective vest and safety shoes (sport shoes or sandals are not acceptable). |
2.2. Vehicles and/or machinery with leaks or drips of any type of lubricating oil shall not be allowed to enter the site, and machinery that does not have a fire extinguisher on board and in good condition shall not be allowed to enter the site.
2.3. In cases where hazardous materials are spilled, whoever is responsible must clean up immediately and continuously to prevent their accumulation on the facilities of the Bonded Warehouse. Hazardous waste must be disposed of in an appropriate manner, at the cost and expense of whoever is responsible.
2.4. Containers with fuels or hazardous substances that have not been previously notified by the personnel in charge of the Bonded Warehouse shall not be allowed to enter the premises. Containers may only be placed on pallets and never on the floor, and the area they occupy must be isolated and marked. At the end of daily operations and without exception, the aforementioned containers must be removed.
2.5. Users in general of the Bonded Warehouse are responsible for the risks and contingencies resulting from their own activities, and are also obliged to have signaling devices in the maneuvering or work areas, such as cones, tapes, sleepers and other objects, which must be respected at all times by other users operating and remaining in the Bonded Warehouse.
2.6. The following are prohibited: smoking, alcoholic beverages, drug consumption, fights, carrying firearms and/or bladed weapons within the premises of the Bonded Premises.
2.7. Repairs or maintenance of machinery and/or means of transportation are not allowed within the facilities of the Bonded Warehouse. Except in case of emergency and prior authorization by the person in charge of the Fiscalized Precinct.
2.8. Companies that are carrying out loading, unloading or storage maneuvers of merchandise must keep cleaning personnel working permanently and at the end of such maneuvers must remove and totally clean any type of garbage such as: debris, packing materials, plastics, and other waste caused during the operations. It is strictly forbidden to deposit the garbage generated in the containers of the Precinct.
Companies that have not cleaned up at the end of their previous operations or work shifts will not be allowed to enter the operation in the Bonded Warehouse.
2.9. For no reason is it permitted that at the end of their operations, users of the Bonded Warehouse leave within the facilities: forklift vehicles, cranes, machinery, support devices, packing materials, mud, and other tools used for maneuvers used for the storage and handling of merchandise, except means of transportation for which documents have been presented in accordance with point 1.13.
2.10. Companies that do not facilitate the application of the operational controls mentioned in this Regulation shall not be allowed to operate.
2.11 It is forbidden for users in a controlled area to use the means of transportation as a means to sleep from one day to the next.
2.12. In case of national security, public health and/or natural disasters, the facilities of the bonded warehouse will be made available in conjunction with the authority in charge.
3. PRODUCTIVITY YIELDS
Maneuvering services may only be provided by individuals or legal entities that have signed duly registered partial assignment of rights or service rendering contracts with this API. The maneuvers shall be provided by the service providers selected by the users.
For ship-to-floor unloading maneuvers, the performance standards shall in no case be less than the following parameters, equipment and human resources:
Minimum Equipment | Minimum Company Personnel Maniobrista | |||||
---|---|---|---|---|---|---|
Merchandise | T/H output | Forklifts | Crane | Operators | Polineros | Checker |
Steel Bars | 46.71 | 2 of 2.5 ton | N/A | 2 | 2 | 1 |
Rod | 54.72 | 2 of 2.5 ton | N/A | 2 | 2 | 1 |
Wire | 40.62 | 2 of 2.5 ton | N/A | 2 | 2 | 1 |
Steel Beams | 58.13 | 2 of 2.5 ton | N/A | 2 | 2 | 1 |
Steel Plate | 26.13 | N/A | 2 of 10 ton | 2 | 2 | 1 |
Steel Pipe | 155.14 | N/A | 1 of 16 ton | 1 | 3 | 1 |
Steel Plate | 12.37 | N/A | 2 of more than 10 tons | 2 | 2 | 1 |
Steel Beams | 23.44 | 2 of 2.5 ton | N/A | 2 | 2 | 1 |
T/H | Ton per Hour | N/A | Not Applicable |
4. SANCTIONS
4.1. Whoever extracts or intends to extract merchandise from the Bonded Warehouse, without it having been legally delivered by the authority or by the person authorized to do so, shall be placed at the disposal of the Customs Authority.
4.2. Whoever exceeds the speed limit established in the vertical signs, whoever drives his vehicle without abiding by the established guidelines, whoever invades the storage areas or whoever endangers the physical integrity of pedestrians, shall be removed from the Bonded Warehouse and shall be suspended from entering API facilities until further notice and shall be placed at the disposal of the Customs Authority in case of improper circulation.
4.3. Whoever causes damage to the infrastructure of the Bonded Warehouse due to traffic, accidents, maneuvers, etc. must repair it immediately. API may request the competent authorities to detain the offending person or vehicle until the damage to the affected property or infrastructure is completely repaired or until payment for the remediation of the damage is guaranteed.
4.4. When the personnel of the Bonded Warehouse carries out the remote consultation of pedimentos and finds irregularities related to the authenticity of the data recorded in the pedimentos presented for the removal of the merchandise, or if it detects that the corresponding taxes and countervailing duties have not been paid, or that the data of the pedimento, invoice or bill of lading do not coincide with the pedimento, invoice or bill of lading do not coincide with the Part II customs declaration presented for their departure, the personnel of the Bonded Warehouse shall refrain from delivering the goods, shall retain the customs declaration and other documents that may have been presented, and shall immediately notify the Customs administrator of this circumstance.
4.5. For any event of contamination, insecurity, lack of morality and cases in which accidents are imminent, as well as non-compliance or non-observance of some of the present rules; this API may suspend the work being carried out or suspend indefinitely the access to the Fiscalized Precinct, until the reasons that generated them are solved or clarified.
4.6. Any user who does not comply with the internal regulations of the Bonded Warehouse will be denied access until further notice. In cases of environmental, ecological, safety and public health anomalies, he/she will be at the disposal of the competent authority for the corresponding administrative actions to be taken.
CONTACTS AT API OF FISCALIZED WARD No. 78
Víctor Hugo Ramírez Salgado. Operations Assistant Manager
e-mail: sgoperaciones@puertoensenada.com.mx
Rafael Garcia Arauz. Control and Storage Assistant.
e-mail: auxalmacenaje@puertoensenada.com.mx
Also, call us at (646) 175-0323 and (646) 175-0337. Or consult our web page www.puertoensenada.com.mx in the contact section.