Client Alert

25 May Foreign Trade

New Rules and criteria of the Ministry of Economy on Foreign Trade matters On May 9, 2022, the Ministry of Economy issues the Accord setting forth the general rules and criteria on foreign trade matters (the "Accord").

This Accord includes different interpretation criteria, updates normative references and removes specific formalities and requirements that made certain administrative procedures and foreign trade formalities more complicated to comply when filed before the Ministry of Economy (SE). In this regard, Cuesta Campos committed to support you company with the full compliance of its foreign trade obligations, informs you the relevant issues of this publication that could have an impact on your operations.

Among the rules included in said publication, the following are the most relevant issues. General provisions and formalities of the administrative procedures before the SE in foreign trade matters:

  • Incorporation of 9 new definitions referring to the applicable regulations and the authorities involved;
  • Identification of modalities and formalities for the filing of administrative procedures, ruling requests, or applications filed before the SE;
  • Clarification of the information considered as public for the SE.

Tariffs and non-tariff regulations and restrictions:

  • Specifies the definition of mill, mill certificate and quality certificate for purposes of automatic import notices for steel products, as well as clarifies the formalities for the issuance and validity of such certificates.
  • Updates the chapter of the Mexican Official Standards (NOMs) to include previous criteria, such as exceptions to NOM compliance.
  • Exemption to comply with NOMs when importing products with a value not exceeding $2,500.00 USD and made by parcel service companies registered at the Tax Administration Service (SAT).
  • List of tariff items subject to the payment of antidumping duties, same that will be updated every six months.
  • Amendment of the requirements to secure the registry as border and regional companies.

Promotion Programs (IMMEX/PROSEC):

  • Eliminates the Certification of Deeds (Fe de Hechos) as part of the formalities to apply for certain authorizations regarding the Manufacturing, Maquiladora and Export Services Industry Program (IMMEX).
  • Sets forth that the issuance of a Certification of Deeds (when applicable) must be issued by Commercial Public Notary authorized by the Ministry of Economy (SE).
  • Implements the inspection and verification visits to the facilities of the companies by authorized public officers, representative offices, federal, state or municipal authorities for certain specific formalities on behalf of the SE.
  • Sets forth benefits to evidence the minimum volume of exports required to maintain the IMMEX Program.
  • Amends the requirements and deadlines for filing notices related to changes in the corporate structure of companies.
  • Sets forth new terms of validity and set of requirements to extend the importation of sensitive goods.
  • Amends the deadlines for the SE to issue resolutions on procedures related to promotion programs.
  • Benefits for certified companies to import additional goods for their manufacturing process.
  • Changes in the requirements for the authorization of imports under Rule Eight.
  • Standardization for the filing of the annual report of foreign trade operations for IMMEX, PROSEC, ALTEX and ECEX companies to be made on May of the following year.

Generalities: The New Rules entered in effect as of May 09, 2022, except for the following:

  • Compliance with NOM-212-SCFI-2017 must be observed within 30 calendar days following the publication of the New Rules.
  • Compliance with NOM-222-SCFI/SAGARPA-2018 will be mandatory until 60 calendar days following publication of such NOM.
  • The Certification of Deeds made by any Public Notary will be accepted for the next 6 months. Once the term is concluded, the Certification of Deeds must be made only by Commercial Public Notary authorized by the SE.
  • The administrative procedures that cannot yet be submitted through the Foreign Trade Single Window may be filed via e-mail. This is applicable until SNICE publishes that those procedures are now available in VUCEM.

Contact

Alejandro Martínez

amartinez@cuestacampos.com

Alondra Vargas

avargas@cuestacampos.com

 

The above is provided as general information prepared by professionals with regard to the subject matter. This document only refers to the applicable law in Mexico. While every effort has been made to ensure accuracy, no responsibility can be accepted for errors or omissions. The information contained herein should not be relied on as legal, accounting or professional advice being rendered.