CUSTOMS PROTECTION

The writ of amparo becomes to be a quick action that assures to solve a coercion of a regulation that is rushed to find the resolution setting in law.

However, the principal item is the precautionary measure which is required within the mentioned action or in an independent way.

The precautionary measure itself is an action that is presented before the Justice so as to command a precautionary resolution to execute an impeded action by evaluating the threat of the demand and the authenticity of the law on which the petition is based on (Coercion Law).

 In the case of the criminal summons (“Advance Sworn Import Affidavit”, DJAI by its initials in English) that emanate from the resolutions 3252 and 3255, both of 2012, when there is an excess in the delay of its confirmation (approval) and/or omission, it is considered that the principal and fundamental guarantees (property / exercise the commerce / defense / equality) are distorted, and that’s what make the client to need the reparation of the situation before the Justice.

Principally, once we have complied with the legal regulations within the judicial summons framework (compensations / sworn declaration of price information / commitment of exportation and/or importation, etc.), we maintain the omissions to issue the DJAI delivery.

For the purposes of assuring the initiation of an action, it is important to count on the following elements and/or information:

f.1) Copy of the DJAI.
f.2) Importer data: social status, and/or articles of incorporation (if necessary a certificate of directors and the appointment of its members)
f.3) Whether he is exporter and whether he realized exports
f.4) Whether he has presented the exporter commitment
f.5) Whether he has presented the compensation agreement
f.6) Whether he has realized exports in the last year
f.7) Whether he has been notified about observing causes (in writing or verbal)