On January 31, the new requirements for the importation of sensitive goods under the IMMEX Program, published by the Ministry of Economy, became mandatory.
On December 12, 2016, the Ministry of Economy published in the Official Federal Gazette Amendments to the general rules and criteria in Foreign Trade matters issued by the Ministry of Economy,, setting forth new mandatory requirements for companies who wish to temporarily import certain goods (sensitive goods) under their IMMEX Program.
Sensitive goods
Some of the goods that are considered as sensitive for this purpose include the following:
- Tire cutouts or tire waste, made of rubber or vulcanized rubber, unhardened, and worn-out tires or covers.
- Sugar products
- Cast iron, iron and steel, and articles thereof
- Textiles
- Aluminum and articles thereof
- Cupper and articles thereof
- Waste and scrap for recovering gold
- Waste and scrap of nickel, lead, zinc, tin and magnesium, among others
- Tobacco
Validity
The validity of the authorizations to temporarily import sensitive goods under an IMMEX Program will be of four months.
Requirements
Among the requirements that IMMEX companies must comply to temporarily import sensitive goods, are the following:
- Information on the goods to be temporarily imported and the finished product.
- Report by a Registered Public Accountant with specific information regarding the company, its inventory, its production capacity, its facilities, the products being manufactured, employees of the company registered at the Mexican Social Security Institute (IMSS by its acronym in Spanish) and employees of other companies that render submanufacture services to the applicant, among other information.
- Documentation regarding employees hired through outsourcing.
- Companies to whom the finished products will be transferred.
Previously authorized IMMEX companies
IMMEX companies who had already been authorized to temporarily import sensitive goods under the previous requirements must obtain a new authorization in terms with the new specific requirements, to be able to continue importing such sensitive goods.
VAT/IEPS Certification
Currently, companies that have been granted the VAT/IEPS Certification, in terms of Title 7 of the Foreign Trade General Rules (FTGR) issued by the Tax Administration Service (SAT by its acronym in Spanish), are exempt from obtaining an authorization to import sensitive goods.
Therefore, it is essential that such VAT/IEPS Certified companies are permanently in compliance with the initial requirements for such certification and the obligations established in the FTGR.
Electronic Audits
It is important to consider that the systems of SAT and the Ministry of Economy are interconnected; therefore, SAT may review if the information filed with the Ministry of Economy is true and congruent.
How we can help
Our Foreign Trade team has the knowledge and expertise to assist your company to comply with the new requirements, as well as with the preparation of the corresponding application to temporarily import sensitive goods under its IMMEX program.
Additionally, our team can help companies with the VAT/IEPS Certification to detect if they are in compliance with their obligations, in order to maintain this certification and keep enjoying all of its benefits.
For additional information or assistance please contact Edith Salcedo Hinojosa, Manuel M. Padrón, Daniel Sanchez-Elizondo, Adriana Ibarra-Fernández or Armando De Lille.
