Mexico: Modifications to general foreign trade rules affecting IMMEX operations and VAT certifications

“Modifications to the General Foreign Trade Rules (GFTR) for 2024 and its Annexes 1, 2, 5 and 24,” which were published in the official gazette on October 14, 2024, include the following changes:

• Regarding Annex 24 of the GFTR (applicable to companies in the manufacturing, maquila and export services industries (IMMEX) program):
  • A new section C has been added, which specifies the minimum information that the automated inventory control system must contain for certified companies registered in the business certification scheme (i.e., value added tax (VAT) Certification).
  • This section establishes, among other changes, that the system must electronically receive information from the corporate system within 48 hours, as mentioned in section A of said Annex. The rest of the information must be received at the time of payment of the applicable customs pedimento.
  • Additionally, the modification requires certified companies to grant online access to their inventory control system to the customs authority in real-time. Therefore, companies must submit a writ to the authority’s office, indicating the username and password for access.
  • This new requirement becomes effective 30 days from October 15, 2024.
• Business certification scheme under the VAT and excise tax, trading and importing company, authorized economic operator, and certified business partner modalities:
  • For those interested in registering in the business certification scheme, it is specified that personnel must be linked to the productive or service process.
  • As a specific requirement to registering in the business certification scheme, VAT and excise tax modality, companies that temporarily import or intend to temporarily import sensitive goods under their IMMEX program must return at least 80% of the total value of the temporary imports made during the last 12 months.
  • For companies interested in registering in the business certification scheme under the authorized economic operator modality in the textile category, it is now a requirement to also have an IMMEX program.
  • It is added as a ground for rejection of application for registration in the business certification scheme if the interested company does not allow access to the customs authority for an initial inspection visit.
  • The obligation under the business certification scheme to give notice regarding changes of name or corporate name, tax domicile, or domiciles where the production process is carried out, as well as the registration of new facilities, is repealed.
  • Failure to return the temporarily imported goods in the indicated percentage is included as a ground for cancellation of registration in the business certification scheme.
• Guarantee of the VAT and excise tax by bond or letter of credit:
  • The valid term for the bond or letter of credit for the application of the individual or revolving guarantee is updated to 30 months (previously 12 or 24 months).
  • Several requirements are added for the request for acceptance of the guarantee, such as: having personnel to carry out the productive process or service; having registered before the SAT all the domiciles where activities related to the maquila or export program are carried out; not being suspended in the sectorial importers or exporters registry; maintaining an inventory control, among others.
  • It is established that the renewal term of the guarantee will be for an additional 12 months in terms of form 155/LA "Application for the acceptance, renewal, extension, increase or cancellation of the VAT and excise tax guarantee," contained in Annex 2 of the GFTR.
• Registry of dispatch of goods for companies:
  • Several requirements are added for application to the registry of the dispatch of goods for companies, such as: the statement that the customs brokers, customs agencies, or customs agents authorized to promote the dispatch must be in compliance with their tax obligations; proving that the authorization number is in force; having personnel to carry out the production process or service; having all the addresses where foreign trade operations are carried out registered before the SAT, among others.
  • It is added as a ground for cancellation in the registry if the company is suspended from the sectorial importers or exporters registry.

The modifications are effective as of the day following publication in the official gazette, i.e., October 15, 2024.

Cesar Buenrostro | cbuenrostro@kpmg.com.mx

Omar Chang | ochangcamacho@kpmg.com.mx

Jorge Sanchez | jsanchezperalta@kpmg.com.mx