“INFORMATIVE
FLASH”
Fourth amendment to the Foreign Trade
Rules for 2002
On October 11th,
2002, the fourth amendment to Foreign Trade Rules for 2002 was published in the
Official Gazette of the Federation. This amendment includes a new chapter named
“Customs clearance by certified entities”.
Such chapter
establishes the proceedings and requirements for entities which import goods
into Mexico to obtain the registry as a “certified entity”. Said requirements
are: being an entity duly incorporated under Mexican legislation, audit their
financial statements by an authorized public accountant, being currently with
their corresponding tax obligations and have imported goods in the semester
prior to filing the petition for such registry with a declared Customs value of
no less than $530’000,000 pesos. (5.3 Million Dollars, approximately)
It is
important to mention that in the case of maquiladoras and PITEX entities of a
same group, these may accumulate the sum of their imports in order to comply
with the amounts referred to in the previous paragraph.
For such
purposes, it is deemed that companies belong to a same group if 51% or more of
their corresponding shares, entitled to vote at shareholder’s meetings, are
owned directly or indirectly by the same entity residing in Mexico or abroad,
providing that their financial statements are audit by an authorized public
accountant.
Notwithstanding
the foregoing, maquiladoras and PITEX entities may obtain their registration
providing that, during the semester prior to the date in which the request is
filed, these have imported goods stating a customs value of no less than
$200’000,000 pesos, (2 Million Dollars, approximately) instead of the
previously mentioned amount of $530’000,000 pesos.
On the other
hand, it is established that in the case of registry applications filed by
entities or groups of entities which import goods stating a customs value no
less than $530’000,000 pesos, the tax authorities shall issue a resolution
within a maximum period of 30 working days, after which, if no response has
been issued, the request shall be deemed granted (afirmativa ficta).
Conversely,
regarding requests filed by maquiladoras and PITEX companies which import goods
stating a customs value no less than $200’000,000 pesos, the maximum period in
which a resolution should be issued is 40 working days, after which, if no
response has been determined, the request shall be deemed denied (negativa
ficta).
Regarding the administrative benefits granted under such publication, it
is worth mentioning that the customs clearance for export at the authorized
entities’ premises, in accordance with the guidelines to be established by the
General Customs Administration; would help the expeditious customs clearance in
terms of the regulations that shall be issued by the aforementioned
Administration for such issue; the establishment of certain benefits for the
registration in the Specific Sector Importer’s Registry, including the
“afirmativa ficta” principles in certain cases; benefits related to the
compliance with Annex 24 of the Resolution that establishes the Foreign Trade
Rules for 2002 for maquiladoras and PITEX entities, in accordance with the
guidelines to be issued by the General Customs Administration.
In addition, other benefits include the possibility of applying
preferential duty rates in accordance with the Free Trade Agreements engaged by
Mexico or the rates established by the Sectorial Promotion Programs, in the
case of regularization temporarily imported fixed assets that have exceeded the
period established in the Customs Law for their return abroad, through virtual
operation, providing that the corresponding requirements are met.
Another important benefit is the possibility of maintaining temporarily
imported goods for the periods in which maquiladoras and PITEX entities
maintain operations in Mexico, under the corresponding programs, instead of
applying the periods of stay established in the Customs Law.
It is our
suggestion that the benefits that may be obtained through such registry should
be thoroughly reviewed, in order to determine the convenience of filing the
corresponding request.
Furthermore,
various circumstances that may cause the cancellation of the registry as a
“certified entity” are established, such as the non-compliance with maintaining
accounting records, registrations, inventories or other means of control as
required; not filing the information and documentation required by the General
Customs Administration; assigning or partially transmitting the rights derived
from the authorization, among others.
Finally, it is
important to mention that the registry shall be valid for the fiscal year in
which it is granted and may be renewed for each following fiscal year, provided
that the authorized company continues to comply with the corresponding
requirements and file the corresponding application no later than November 30
of each year.
The
above-mentioned provisions are in force as of the day of their publication in
the Official Gazette, except those relating to authorizations to maquiladoras
and PITEX companies that have imported goods stating a customs value of no less
than $200’000,000 during the previous semester, since this provision will be in
force on November 10, 2002.
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Mexico, D.F.
October 2002