Wednesday September 20 2017

Posted by Tomas on May 19, 2013

PORTS ACT OF MEXICO

CHAPTER I GENERAL PROVISIONS

Article it. This law is of public order and enforcement throughout the national territory, and is to regulate ports, terminals, marinas and port facilities, construction, use, development, exploitation, operation and ways of administration as well as the provision of port services.

Ports, terminals and port facilities of character military, allocated by the Federal Executive Secretariat Marina for use by the Navy of Mexico, is governed by the rules on the subject.

The 2nd item. For the purposes of this Act, shall mean :

I. Secretariat : The Secretariat of Communications and Transportation .

II. Port: The place of the shore or bank qualified as such by the Federal Government for the reception, care and shelter vessels, consisting of the port area and, case, the area of development, as well as access and common areas for internal and affected navigation

2 operation, services, terminals and facilities, public and private, for the transfer of goods and people transhipment between modes of transport links.

III. Port area : The area bounded and determined federal by the Secretariat and the Social Development in ports and marine terminals, comprising the areas of water and public lands for the establishment facilities and the provision of port services.

IV. Terminal: The unit established in port or out of it, consists of works, facilities and surfaces, including their water zone, which allows the full implementation of the port operation to which it applies.

V. Marina: The set of port facilities and areas water and land, as well as the specialized organization providing services to recreational craft or sports.

VI. Port Facilities: The infrastructure and buildings or superstructures built a port or out of it, intended to craft attention to the port services or construction or repair of vessels.

VII. Port services: provided in ports, terminals, marinas and port facilities to meet the vessels, and to transfer transhipment cargo and people between ships, land or other modes of transport.

VIII. Port development zone : The area formed with private land or private domain Federation of the states or municipalities for the establishment of facilities industrial and services or any other Ports Act

3 related to port function and, where appropriate, for port expansion.

IX. Port Manager : The holder of a concession for the integral port administration.

The 3rd Article. Everything related to the administration, operation and port services, as well as other related to these activities will be subject to the jurisdiction of federal powers.

Shall be the federal courts will hear the Disputes arising in connection with the implementation of this law and administration and port operations, subject to that, under the terms of the applicable legal provisions, the parties submit to arbitration.

The 4th article. In the absence of specific provisions in this law or the international treaties are, shall apply:

I. The laws of Navigation and Maritime Commerce, Roads General Communications, General of National Property ;

II. The Commercial Code, and

III. The provisions of the common law.

CHAPTER II PORTS, TERMINALS MARINE FACILITIES PORT. article 4

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The 5th item. Applies to all Federal Executive enable class ports and terminals for public use outside the thereof, by decree that determine its name, geographic location and their classification navigation.

Ports and public terminals whose works constructed under grant will be enabled once requirements established in Titles corresponding.

Article 6. The Secretariat authorized height for navigation terminals for private use and not forming marine part of a port, when they have the facilities necessary.

Article 7. The Departments of Social Development and Communications and Transport, on a proposal from the latter , delimit and determine, by joint agreement, those public property of the federation that constitute the port areas of ports, terminals and marinas. saying agreement must be published in the Official Gazette, within thirty days of the proposal Secretariat duly filled in terms of applicable regulations.

Article 8. The Secretariat, in conjunction with the Ministry of Social Development will coordinate with the governments of the federal and municipal entities, in order to define the Near port development and establishing zoning the competent authorities in this regard is consistent with the port activity.

Article 9. Ports and terminals are classified :

I. By browsing in :

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a) Height, in responding to vessels, people and shipping goods between ports or national points and international, and

b ) From cabotage vessels when only meet, people and goods between ports or navigation nationals.

II. For its facilities, enunciatively in :

a) Stores, when engaged, predominantly, the handling of goods or passengers in maritime traffic;

b ) Industrial, when engaged, predominantly, handling of goods related industries established in the area of the port or terminal;

c ) Fishery, when engaged, preponderantly Boat handling and specific products capture and process the fishing industry, and

d ) Tourism, when engaged, predominantly, to tourist activity and sea cruises.

Article 10. Terminals, marinas and port facilities are classified by use :

I. Public, where there is an obligation to make them available any applicant, and

II. Particular, if the holder thereof intended for their own purposes, and the third by agreement.

Article 11. The regulations of this law established the conditions of construction, operation and exploitation of works

6 integrate ports and terminals, marine and port facilities, notwithstanding that the specific determined in the master port development programs in concessions, permits or respective contracts, the rules Mexican officials and rules of operation of the port.

Article 12. Mexican ports, in time of peace, be open to navigation and vessel traffic of all countries, but may be denied entry when there is no reciprocity with the country of registry of the vessel or when the public interest so requires.

Article 13. The maritime authority, by accident or force more, it may, at any time, temporarily or permanently closed to certain navigation ports in order to preserve the safety of persons and goods.

Article 14. In ports and marine terminals, will character of public property of the Federation :

I. The lands and waters that are part of the enclosures port, and

II. The works and facilities acquired or constructed by the federal government when they are within port areas.

Article 15. Are of public utility construction and operation ports and terminals for public use. The Federal Executive may expropriate land and works required for such purposes.

CHAPTER III PORT AUTHORITY

7 Article 16. The port authority lies in the Federal Executive, who shall, through the Secretariat, which, without prejudice to the powers of other agencies Federal Public Administration, it shall :

I. Formulate and drive policies and programs for development of the national port system ;

II. Promote the participation of the social and private sectors, as well as state and local governments, in the operation of ports, terminals, marinas and facilities port ;

III. Terminal navigation license for use height owners and marinas, when they are not in a port;

IV. Granting concessions, permits and authorizations to be regards this law as well as check and resolve compliance the modification, renewal or revocation ;

V. Determine the areas and facilities for public use ;

VI. Build, establish, manage and operate works and goods in ports, terminals, marinas and facilities port and provide port services not have been the subject of license or permit, when so required in the public interest;

VII. Authorize the maritime and dredging works in compliance with of the rules on organic matter;

VIII. Establish, where appropriate, the basis of price regulation ;

IX. Issue the official Mexican standards on ports, well as verify and certify compliance;

Ports Act

8 X. Apply the penalties provided in this Act and its regulations;

XI. Represent the country in international organizations and intervene in the negotiations of treaties and agreements regarding international ports, in coordination with relevant units ;

XII. Integrate port statistics and bring the land of works and port facilities ;

XIII. Interpret this law in the administrative field, and

XIV. Exercise other powers as are expressly set the laws and regulations.

Article 17. In each enabled port will be a captaincy port, responsible for exercising the maritime authority, which it shall :

I. Authorize the arrivals and dispatches of vessels;

II. Ensure that navigation, docking, permanence vessels and pilotage and towing at the ports, are conducted safely ; III. Supervise waterways meet the conditions safety, depth, and maritime signals aids to navigation ;

IV. Coordinate rescue and relief efforts in the event of Boat accidents or incidents and enclosures port ;

V. Act as assistant public prosecutor, and

VI. Other laws and regulations conferred.

9 The port authorities will have the elements of surveillance and inspection to be determined.

Article 18. The Navy of Mexico, as well as corporations federal, state and municipal police will help him in the preservation of order and security of the port to request for the captaincy of the same.

Article 19 -. The port authorities, and the authorities customs, health, immigration or any other exercise its functions within the ports, will be coordinated in terms established by regulation to that effect is issued.

CHAPTER IV CONCESSIONS AND PERMITS

Article 20. For exploitation, use and development of public property in ports, terminals and marinas, well as for the construction of works for them and port services, require only concession or permit issued by the Secretary pursuant to the following:

I. Concessions for comprehensive port management ;

II. Out of the concession areas to an administration global port

a) Concessions on public property that also will include the construction, operation and operation of terminals, marinas and facilities port, and

b ) Permits to provide port services.

10 To build and use piers, docks, dumps and in other similar means of communication by water, outside ports, terminals and marinas, it will require permission Secretariat, without prejudice to obtain stakeholders in appropriate, the granting of federal maritime zone granted by the Ministry of Social Development.

Those interested in holding areas, build and operate terminals marine and port facilities or provide services within the concession areas to an integral port administration, be held partial assignment of rights or service provision, as appropriate, in the terms set in this Act and other applicable provisions.

Article 21. The concessions referred to in Section I of previous article shall be granted only to commercial companies Mexican.

Other concessions and permits, will be awarded to Mexican citizens and corporations.

The share of foreign investment in activities port shall be governed by the provisions of the relevant law .

Article 22. All grants under this Law refers, and permissions as specified in the second paragraph of Article 20 of this Law shall include the provision of services corresponding port, so you will not be required to specific permission to do so.

Article 23. The Secretariat may grant concessions to for a period of 50 years, taking into account the characteristics projects and investment amounts. concessions may be extended for a period equal to the stated originally. For this purpose, the grantee must submit an application during the last fifth part of and no later than the original term of one year before

11 its conclusion. The Secretariat shall establish the requirements that must met.

The Secretariat ultimately answer requests for extensions to the previous paragraph, within 120 days natural counted from the filing date of the same.

Article 24. The concessions referred to this chapter awarded by public tender, as follows:

I. The Secretariat itself or upon request verifying their interest, issue the corresponding public call so that, within a reasonable time, presented proposals in sealed envelopes, to be opened on day default and in the presence of all participants.

In the event that mediates petition, the Secretariat, in a period not exceeding 60 calendar days from the application, shall issue the corresponding call or report to the person concerned the reasons for the inappropriateness of thereof;

II. The call will be published simultaneously in the Journal Officer of the Federation, in a newspaper of wide national circulation and in another of the federal entity appropriate;

III. The competition will include the criteria by which will select the winner, who will take into account, as the case, the consideration offered by the granting of the concession, the quality of service is proposed, the committed investments, trading volumes, the rates and user fees and other conditions that deemed appropriate ;

IV. They may involve one or more stakeholders to demonstrate its moral and economic solvency, and its capacity

12 technical, administrative and financial, and meet the requirements established bases issuing the Secretariat;

V. From the opening of proposals and during the term that they will study and approve, is inform all stakeholders of those that discarded, and the causes that motivaren such determination ;

VI. The Secretariat, based on the comparative analysis of selected proposals will deliver the judgment duly founded and motivated, which will be made ​​known to all participants.

The winning proposal will be available to participants for 10 working days has been released on failure;

VII. Within 15 working days following the prescribed period in the previous section, participants will inconformarse with the Secretariat. After this deadline, it last issue a decision within a period not exceeding 15 working days;

VIII. Once issued the resolution, the Secretariat, where appropriate, awarded the grant, and the respective title to be issued in the Official Gazette at the expense of dealer, and

IX. The grant is not awarded when or propositions submitted do not comply with the contest rules. in this case, the competition will be declared void and shall to issue a new call.

The concessions on public property of Federation to build and operate marine artificial or terminals for private use may awarded directly by the Secretariat owners

13 land that abut the federal maritime zone land in question, according to the procedure indicate the respective regulation.

Article 25. In the event that the requested extension of surfaces of a port concession to extend port activities to public property surrounding, it is the meaning of article 7. of the this Act.

The head of the Ministry may award directly corresponding concessions only if the extension is not greater 20% of the originally concession area and if, with benchmarks based on cost, obvious appreciated advantages of the use, development and exploitation of areas in question are carried out by the applicant.

Article 26. The concession, as applicable, shall include, among others: I. The legal basis and the grounds of its execution ;

II. The description of the goods, works and facilities Concession public domain which, as well as maintenance commitments, productivity and use thereof ;

III. Commitments dredging, navigation aids and maritime signals ;

IV. The characteristics of provision of port services and determining the areas reserved for service public and to the functions of harbor master of customs and other authorities ;

V. The basis for price regulation ;

14 VI. Programs of construction, expansion and modernization port infrastructure, which will adhere to the provisions on environmental protection ;

VII. The rights and obligations of licensees;

VIII. The period of validity ;

IX. The amount of collateral to be granted the dealership. In the case of terminals and marinas, it will be canceled Once construction is completed ;

X. Insurance policies of third party damage in their persons or property, and those who might suffer the buildings and installations ;

XI. The considerations to be covered by government federal, and

XII. The reasons for revocation.

In the concession titles for port management comprehensive general bases to be established for secured its organization and operation and shall include, part thereof, the master port development program corresponding.

Article 27. The Secretary may establish in the titles of grant for comprehensive port management, the operation terminals, marinas and facilities and the provision services made ​​through third parties.

Article 28. The permits referred to in Article 20 granted on the terms that establish the rules of the this law, but in any case the corresponding resolution shall be issued within a period not exceeding ninety days natural, counted from the year in which recognition is submitted the completed application form, unless the

15 complexity of a longer term resolution necessary to may not exceed 180 calendar days.

After this time period was the subject without resolution on the application in question, the expression denied permission.

The permits referred to in Article 20 fracc a. II b, no may confer exclusive rights, so you can provide for one or more other third parties to exploit, other things being equal, identical services or similar.

Article 29. Our concessions, permits and authorizations regard to this law shall conform to the provisions in antitrust.

Article 30. The Secretary may authorize complete transfers of obligations and rights arising concessions provided the grant have been in effect for a period of not less five years that the transferor has complied with all obligations, and that the transferee meets the same requirements as were taken into account for the granting of the concession respective.

Partial assignments of rights derived concessions for integral port administration may be conducted in any time, in terms of this Act and the respective concession title.

Article 31. In no case shall assign, mortgage or any way encumber or transfer the license or permit, the rights conferred on them, the property pertaining to the same or Dependencies and accessories, any government or state abroad, or admit them as members of the company holding such licenses or permits.

16 They may become liens in favor of parties other than subjects mentioned in the previous paragraph, for a period in no case shall include the last tenth of the total time for which the grant has been awarded, in the case property subject to reversal.

Will be made in the relevant memorandum concluded that in conclusion of the term of the concession or in case of revocation of the same, reversible goods become the property of Nation.

Article 32. Concessions will end up :

I. Date given in the title or extension that has been granted ;

II. Waiver of the holder;

III. revocation ;

IV. rescue ;

V. Disappearance of the object or purpose of the grant, and

VI. Clearance, fire or bankruptcy case of corporation, or death of the licensee, if an individual.

The termination of the concession does not relieve the licensee of the liabilities incurred during the term of the same with the Federal Government and third parties.

Article 33. The licenses or permits may be revoked by any of the following causes :

I. Failure to comply with the object, obligations or conditions concessions and permits in the deadlines stated therein ;

17 II. No exercise rights in concessions or permits, for a duration of six months;

III. Disrupting operation or services to the public, in whole or part, without cause;

IV. Recidivism in applying rates higher authorized ;

V. No cover allowances for damages resulting with due to the rendering of services;

VI. Perform acts that impede or tend to impede the performance other operators, service providers or Permit holders entitled thereto ;

VII. Assign or transfer concessions, permits or rights conferred on them without permission from the Secretariat, unless the provisions of Articles 20 and 30 seconds last paragraph paragraph of this Act ;

VIII. Assign, mortgage, encumber or transfer concessions and permits, the rights conferred on them or goods assigned to them, to any foreign government or state, or admit them as members of the company holding those ;

IX. No properly preserve and maintain the property concession ;

X. Modify or substantially alter the nature or conditions of the works or services without authorization Secretariat;

XI. No federal government to cover the considerations that they had established ;

18 XII. No grant or maintain in force no assurance compliance with the licenses or permits or policies third party liability insurance ;

XIII. Failure to comply with the obligations under the title of concession on ecological protection and

XIV. Failure, repeatedly, to any of obligations or conditions set out in this Act or its regulations.

Article 34. The revocation will be declared administratively by the Secretariat, under the following procedures :

I. The Secretariat shall notify the owner or his legal representative, the start of the process and the causes that motivate and will be awarded within 15 working days from the date of notification to claim their defenses and present the supporting evidence, and

II. Provided evidence or defense items or expiry of the term without having been submitted, the Ministry shall issue the corresponding resolution within no more than 30 working days.

Article 35. In the event that the grant is revoked granted to an integral port administrator, rights and obligations under the partial assignment of this concession rights and for the provision port services by third parties, shall be borne by the designee shall, without prejudice to the final paragraph of Article 32 of this law. To grant, as case, granting the substitute is subject to the provisions in this law.

Article 36. The buildings and port facilities individuals running on public property is be considered owned by the grantee during the term of

19 the concession. At the end of it or its extension, only works and installations permanently affixed to said goods shall pass to the domain of the nation at no cost and free of all liens.

The Secretariat established in the concession that at the end its validity and its extension, if any, the dealer will be required to be prior to the delivery of goods at their own cost, to the demolition and removal of those works and installations permanently attached to would you run and that, by its terms, and non- useful view of the Secretariat.

Article 37. Port managers and other Dealers will cover the Federal Government as the only consideration for the use, development and exploitation of public property and concession services, use the bases and periodicity of payment be determined in the titles of respective concession taking into consideration the market value of such property. For comprehensive port authorities, will be considered also the economic potential of the port or group of them and terminals and the concession period. these exploitations shall be determined by the Ministry of Finance and Public Credit Secretariat proposal.

Permittees that this law refers to pay, as the only consideration, which is set in the Federal Law.

CHAPTER V Port Authority

Article 38. There will be integral port administration when planning, programming, development, and other acts relating to goods and services in a port, are entrusted in their entirety to a corporation, by granting to the

20 use, development and exploitation of goods and provision of the respective services.

It also may be assigned by concession, integral port administration of a set of terminals, port facilities and state-dominated influence within a state, a corporation constituted by the Federal or State Government concerned.

Article 39. The integral port administration shall be autonomous in its operational and financial management, so their bodies established government policies and internal rules, without more limitations than those established laws and administrative provisions.

Article 40. In addition to the rights and obligations he set for dealers, be for the port managers :

I. Plan, schedule and execute the necessary actions to the promotion, operation and development of the port, or group of them and terminals, in order to achieve greater efficiency and competitiveness;

II. Use, develop and use the public property in ports or groups of them and terminals, and manage the area of port development, if any ;

III. Build, maintain and manage port infrastructure common use ;

IV. Build and operate terminals, marinas and port facilities itself or through third parties by partial assignment of contract rights;

V. Provide port and related services itself or through others by the Indenture ;

21 VI. Review the definition of zones and areas of the port;

VII. Formulate the rules of operation of the port, including, among others, the port times, the requirements to be meet the providers of port services and, upon Operating review committee, submitting them to the Released Secretariat;

VIII. Allocate berths in terms of operating rules ;

IX. Operate services surveillance and control of access and movement of people, vehicles and goods in the land area of the port, according to the rules of operation thereof without prejudice to authority of the harbor master and the authorities competent.

X. Perceive, in the terms laid down in the regulations relevant and concession revenues were the use of port infrastructure, by holding contracts for services provided directly and as other commercial activities undertaken, and

XI. Provide the port statistics.

Article 41. The port manager is subject to a program master port development, which will be an integral part of concession and shall contain :

I. Uses, locations and modes of operation planned for the different areas of the port or groups of them, as well as justification for them, and

II. The necessary measures and precautions to ensure efficient operation of the port areas, its future development and its connection to general systems transport. Ports Act 22

The master port development and program modifications substantial thereto shall be made ​​by the administrator port and authorized by the Secretary, based on policies and programs for the development of the national port system. This shall issue the corresponding resolution within maximum of 60 days, prior opinions of the secretariats of Marina on what affects the military and Development Social in terms of ecology and development urban. These opinions should be issued within a period not exceeding fifteen days from the Secretariat on request. if After this period has not been issued the respective view, be understood as favorable. In the case of modifications minor changes only must register with the Secretariat.

The Secretariat, with a view in the public interest, amend uses, locations and modes of operation envisaged in the program master port development on the different areas port or group of terminals or not used.

If such modifications shall cause any damage or injury verifiable dealer, this will be compensated properly.

Article 42. For ports and terminals that have a integral port administration, the government entity corresponding federal set up a committee advisory, formed with representatives of the state governments and municipal, as well as chambers of commerce and industry the region of users, the port manager and unions, as well as those on a proposal of the President, the commission determines. The committee will be chaired by the representative of the federal entity concerned.

Article 43. The advisory committee shall assist in promoting port and may issue recommendations regarding matters affecting urban activity and balance ecological zone, for which the port manager article 43

23 shall inform the committee of the master program port development and its amendments, as well as major investment projects for the expansion and modernization of the port.

The committee shall meet at least once every three months and resolutions shall be taken by majority vote.

When the port administrator chooses not to follow those recommendations, it shall notify within 30 days the chairman of the committee, who shall inform the competent authorities to resolve as appropriate.

CHAPTER VI PORT OPERATION

Article 44. The use of goods and the provision of port services are the port operation.

Port services are classified as:

I. Services to ships for their operations internal navigation, such as pilotage, towage, mooring and lighterage;

II. General services to vessels, such as supplies, drinking water, fuel, communications, electricity, garbage collection and disposal or waste waste water, and

III. Services maneuvers for the transfer of goods or goods, such as loading, unloading, stash, storage, loading and hauling within the port. Article 45. In the common areas of the ports and terminals, marinas and public facilities, services port will be provided to all applicants users Ports Act Ports Act article 49

24 permanent, uniform and regular manner, in conditions equal in quality, convenience and price, and strict rotation, which may not be altered only for reasons of public interest or for reasons of priority set out in rules of operation of the port.

Article 46. The Secretariat, based on considerations techniques, efficiency and safety, determine titles concession in what cases, terminals and facilities Public and common areas, be admitted to those service providers that meet the requirements established in the regulations and rules of operation respective. In these cases, users select the service provider that suits their interests.

Article 47. When the terminals and facilities for use owners have with excess capacity, the Secretariat, view the public interest may require that operators provide the same service to the public under the terms provided Article 45 of this Act and subject to conditions not affect them operationally and financially.

The arrangement will be in force as long as the causes that gave rise.

Article 48. The Secretariat, in exceptional cases, with view the public interest, may temporarily change the uses of ports, terminals, marinas and port facilities. in such case, the affected receive the appropriate compensation for public use of the respective installation.

Article 49. Port managers, operators terminals, marinas and facilities and businesses to provide port services may perform the operations they correspond with own equipment and staff, by the concluding contracts with companies mercantile whose purpose includes providing the services referred to Section III of Article 44 and that they have workers under their

25 subordination and dependence provided the necessary votes for the performance of their duties, or other providers port services.

Article 50. Acts and contracts for services port will be of a commercial nature. In ports or sets ports and terminals under the system of administration integral port, port service providers to be referred to in Section III of Article 44 shall be established as corporations. Their relations with their workers shall be governed by the provisions of the Federal Law I work.

Article 51. The partial assignment of rights and of provide services that celebrate administrators comprehensive port must meet the following requirements :

I. Fix commitments and instruments for ensure compliance with the obligations contained in the concession of the port manager ;

II. Contain references or transcription of the obligations contained in the concession that relate to the object of the respective contracts ;

III. Subject to the master port development program;

IV. Set within the contracts for no longer than the term of the concession, and

V. Register with the Secretary no later than five days.

The Secretariat may draw a port manager in a period not exceeding sixty days from the deposit contract for registration that the contract does not qualify established in this Article. In this case, the contract shall have no effect. article 55

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Article 52. In the event that the breach of contract partial assignment of this law refers to constitute a source the revocation under Article 33, the Secretariat, previously hearing the affected, revoke the registration of such contracts, whereby they cease to have effect.

Article 53. Where is the port manager required to contract with third parties, you must make the award competitive, in the terms established in the and the respective concession regulations, and select the one who offers the best conditions for development of the port as well as the best quality and prices for user.

In the cases provided for in Article 46 shall not be required competition for the award of the respective contracts.

Article 54. When interested in operating a terminal or installation, or provide services in the area by a port manager, we request the contract respective corresponding opening or competition, this must respond to the request within a period not exceeding 60 days. In case of disagreement, the parties concerned may use the Secretariat to resolve whatever may.

Article 55. The port manager responsible to the Secretariat by the established obligations title respective concession contracts regardless of partial assignment of rights and provision of services celebrate.

Article 56. Terminal operators, marine and providers of port facilities and services, the fact signing a contract with a port manager, will be jointly responsible with it and with the Federal Government , the fulfillment of the obligations arising therefrom and article 56 Ports Act

27 contained in the concession that relate to those.

Article 57. In each port that has administration integral port, a committee will be constituted to operating shall be composed of the port manager, the captain of port and other relevant authorities as well as representatives of users, service providers and the other port operators. It will be chaired by the port manager and meet at least once a month.

Operation and operation shall comply with regulations internal to be included in the rules of operation of the port.

Article 58. The operating committee will make recommendations related to:

I. The operating hours of operation and port;

II. The master port development program and modifications ;

III. The allocation of areas, terminals and service contracts port made ​​by the port manager ;

IV. The allocation of berths ;

V. Rates and fees ;

VI. Conflicts between port management and users and service in port;

VII. Complaints from users and

VIII. The coordination should be in port for efficient operation.

Ports Act

28 Article 59. All acts of the dealers, permittees, terminal operators, marinas and facilities port and service providers will be subject to the rules on economic competition including cases in which prices are set and maximum rates accordance with the provisions of this law.

CHAPTER VII PRICES AND RATES

Article 60. The Secretary may establish in the titles of granting permits and the price regulations and rates for the use of certain goods in ports, terminals, marinas and the provision of services when there are no options or other port modes environment conducive to fair competition. bliss regulation is maintained only while the conditions that motivated.

Port managers, in accordance with the Secretariat established in their concession agreements, may determine the tariff and price basis shall be subject to the terminal operators, marine and port facilities and service providers with whom they have concluded contracts.

Article 61. In regulation may establish rates and maximum prices for the use of goods or the provision of services specific or sets of these, and adjustment mechanisms and periods of validity. This should enable the provision of services and immovable conditions satisfactory quality, competitiveness and permanence.

Article 62. When subject to price regulation or tariff consider that the above conditions are not met in the preceding article, may apply to the Federal Communications Commission article 63 Ports Act

29 Competition an opinion on the matter. Yes that Commission finds that the conditions of competition do inappropriate regulation in whole or in part, should be deleted or change in the corresponding direction, within thirty days of the issuance of the resolution.

CHAPTER VIII VERIFICATION

Article 63. Licensees and permittees shall submit to Secretariat reports to the technical data, financial and statistics relating to the performance of its duties under the terms of the concession or permission.

Article 64. The Secretariat shall, at any time in the ports, terminals, marinas and port facilities, due fulfillment of the obligations that said this law, its regulations, licenses or permits and official rules Mexican appropriate.

The Secretariat shall perform the verification, by itself or through Third, the terms provided in this law and in matters not provided, in accordance with the provisions of the Federal Law on Metrology and Standardization.

CHAPTER IX VIOLATIONS AND PENALTIES

Article 65. The Secretariat shall punish violations of this law with the following fines:

I. Failure to comply with the conditions of construction, operation and operation of ports, terminals, marine and article 65

30 port facilities in accordance with the provisions of regulations, port development master program, concession and official Mexican standards, five thousand to two hundred thousand wages;

II. Build and operate terminals, marinas and port facilities without the appropriate concession, with a hundred thousand wages;

III. Provide port services without the permission or contract corresponding to 1000-50000 wages;

IV. Construct piers, wharves, and other dumps similar without permission, with fifteen thousand wages;

V. Fully transfer the rights and obligations arising from the award without authorization from the Secretariat, two hundred thousand wages;

VI. Higher rates apply those authorized with twenty thousand wages;

VII. Making substantial changes to the master schedule port development without authorization from the Secretariat, hundred thousand wages;

VIII. Failure to submit the reports referred to in Article 63 three thousand wages;

IX. No record minor modifications to the program master port development, with one thousand wages;

X. Failure to comply with the provisions of Articles 45 or 47, a thousand to fifty thousand wages;

Ports Act

31 XI. Failure to comply with the provisions of Articles 46 or 53, with thirty thousand wages;

XII. Failure to comply with the provisions of Articles 51 or 54 of 10000-50000 wages and

XIII. Other violations of this Act or its regulations, the 100-70000 wages.

For the purposes of this article, is salary the general minimum wage in the Federal District at the time the offense was committed.

In case of recidivism, the penalty will apply twice the amounts stated in this article.

Article 66. In imposing the penalties referred to in Article above, the Secretariat shall consider:

I. The seriousness of the offense; II. Damage and

III. Recidivism.

Article 67. Who, without first obtaining license or permit from the Secretariat or without the respective contract comprehensive port management deal, construct or operate areas, terminals, marine or port facilities, or provides port services, you will lose the benefit of the Nation works executed, established facilities and all goods, movable and immovable, dedicated to the operation without prejudice the implementation of the appropriate fine in terms of Article 65. Where appropriate, the Secretary may order that the works and facilities are demolished and removed Self offender.

Article 68. The penalties set forth in this chapter be without prejudice to the criminal liability resulting or Transients

32 that, where appropriate, the Secretariat granted or revoked permission.

Article 69. For the implementation of the sanctions referred this Act, the Secretary shall notify the alleged infringer of the facts purpose of the proceedings and confer within 15 working days to provide evidence and states in writing what they deem appropriate.

After this period, the Ministry shall issue the resolution appropriate, within a period not exceeding 30 working days.

TRANSIENT

First. This Law shall enter into force on the day following its publication in the Official Gazette. Second. The law creating the National Commission appeals Coordinator of Ports, published in the Official Journal of the Federation on December 29, 1970.

Third. Are repealed:

I. The items 172 to 183, 190, 210, 298 and 299 of the Act of General Communications ;

II. Items on the 9th, fractions I, paragraphs f ), g ) and h), and IV, 11, 14 -. H, 14 -I, 14 -J, 17, sections I to IV and VI; 18 fractions III, IV and VIII, 27, 33, 35, 43-52, 272, 273 and 274 of the Act Navigation and Maritime Commerce, and

III. All provisions contrary to the provisions of this law.

Ports Act

33 Is vacated, Article 110 of the Law of General Means of Communication only what makes ports, terminals, marine and port facilities and port services.

Fourth. The concessions granted prior to the date of entry into force of this Act shall continue in force until the conclusion of their term.

Holders of concessions in a port that is assigned to an integral port administration may choose, within the original term of his title, for contracts subject to the regime provided by this system, but in any case shall be subject to the rules of operation authorized by the Secretariat and the standards set for port administration.

Quinto. Permit holders or existing authorizations to date of entry into force of this law, which are fulfilling all the obligations arising therefrom, may continue to perform their activities in ports, marine terminals or subject to integral port administration , for which they must satisfy the requirements of this law regarding form of operation in a period not exceeding 90 days from the date on which the administration port starts operations. Otherwise, such permits or authorizations shall be void.

Sixth. Natural or legal persons to enter into force this law have applications pending and have met the requirements for obtaining license, permit or authorization may choose for granted, be made subject to the provisions thereof, or as provided in the laws of Navigation and Commerce Marine and General Communications.

Seventh. In order to reorganize the national port system the terms of this law, the Federal Government may set up trading companies with state participation Transients

34 majority, which are awarded directly concessions for comprehensive port management.

It will also promote the formation of corporations majority-owned by the governments of the entities states, to administer the ports, terminals and public facilities whose influence is predominantly state. In this case, they may also be granting concessions directly Management integral port.

The principal of the Commercial Companies referred to in this Item must be initially subscribed in full by the federal government, state and local governments or public entities thereof.

Octavo. While regulations are issued concerning the this ordinance, they will continue to follow regulations, standards and other administrative provisions issued on the basis of the provisions repealing, as not contrary to the provisions of this law.

Mexico , D.F. 1 July 1993 - Dip Juan Ramiro Ruiz Robledo. President - Sen Mauricio Rodríguez Valdés. Chairman - Rep. Luis Bustamante Moreno. Secretary - Sen Gustavo Salinas Iñiguez. Secretary - Headings ".

In compliance with the provisions of Section I of Article 89 of the Constitution of the United Mexican States and for its due publication and observance I issue this Decree at the residence of the Federal Executive Branch in the City Federal District of Mexico to said day of July, nineteen nineteen ninety three - Carlos Salinas de Gortari - Heading - The Secretary of the Interior José Patrocinio González Blanco Garrido - Rubric.

Ports Act

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