IMMEX 2022 applications.
On May 9, 2022, through the Official Gazette of the Federation the Secretariat of Public Economy he; “AGREEMENT BY WHICH THE MINISTRY OF ECONOMY ISSUES RULES AND CRITERIA OF A GENERAL NATURE IN MATTERS OF FOREIGN TRADE”, it is important to mention that in this publication updates were made to the IMMEX program among some others, such as automating many proceduresthrough the Single Window, the simplification of notices, permits, a compilation of tariff fractions subject to compliance with NOM’s , and the most representative of our feelings, the possibility that the Ministry of Economy makes physical visits to the establishments that apply to obtain the benefits of IMMEX, thus eliminating the obligation to present a faith of facts.
MAIN MODIFICATIONS
It is remarkable to share that many of the changes that were published were already part of the adaptations and modifications, and even to existing criteria, among all the changes the following stand out:
Rule 3.1.1. Faith of Acts
For applications in which it is considered necessary to have a faith of facts under the requirements already known, the opportunity is provided that companies can omit the faith of facts, as long as they are within the authorized Representative Offices and the entities or organizations of the Federal Public Administration, state or municipal, as well as the territorial circumscription in which they may carry them out, before which, the verification visit of the DGFCCE can be requested through a free writing; and/or public servants empowered to do so.
Another of the most relevant modifications within the rule is that the Ministry of Economy issued a list through the SNICE page of the Corredores Públicos enabled for the faith of facts.
Rule 3.2.18 – Service Activities and Updating of Electronic File for Certified Companies. – New Rule
The new rule establishes that the activities carried out under the authorization of services must be related to the manufacturing activities registered in the IMMEX program.
Rule 3.2.18 – Electronic Archive
The obligation is established to keep updated the electronic file of the certified company, the above through a free writing in terms of rule 1.3.5, and to email; dgce. sc@ecnomia.gob.mx procedure.
Rule 3.2.20 – New IMMEX Program Application (all modalities).
In addition to the requirements that already appeared, the obligation was added that the indicated productive sector must be within the activities allowed by the IMMEX Decree and coincide with the corporate purpose of the company, as well as the capture of the commercial folio of the company, and the issue of point suppliers and customers that was previously mandatory, becomes optional.
Rule 3.2.23 – New IMMEX Program Application. Preoperative Period.
For companies that do not have machinery and equipment provided for the application, they are now granted an authorization in the pre-operational period consisting of a period of 3 months, with the possibility of being extended for a similar period, with the firm purpose that the company concludes with the import and installation of the machinery and equipment that is necessary for its operation covered by the program. Once the period has ended, the Ministry of Economy and through an official letter will provide authorization to import the merchandise covered by the program.
Rule 3.2.24. – High and low home.
With regard to the issue of home registrations specifically, a great facility is provided, since it will not be necessary to present a faith of facts, they must simply be covered with the additional requirements of the rule; afree decree in terms of rule 1.3.5, addressed to the DGFCCE, as well as contracts that protect the legal use or enjoyment of the property, and for companies that already have equipment or machinery it will only be necessary for the company to prove the legal possession of them.
Additionally for companies that are already authorized in IMMEX industrial and require to register a warehouse or warehouses contracted by third parties, the obligation to present a faith of facts is eliminated, so that to prove compliance it will only be necessary to present a contract for the provision of storage services that meets the following requirements; The address where the service will be provided must coincide with the one registered as a warehouse in the VUCEM, which has also been held for one year, and has at least 11 months of validity remaining, as well as having well delimited the area where the merchandise will be stored.
Rule 3.2.31 – Registration of Submanufacturists.
The prohibition to register as submanufacturing IMMEX companies with a canceled program for any of the reasons contained in the penultimate paragraph of Article 27, of the IMMEX Decree, in the five years prior to the submission of the application is added.
Rule 3.3.1 – General Provisions
For the subsequent extension or extension request of IMMEX to temporarily import sensitive goods, it will be necessary to submit it through a single window.
Rule 3.3.6 – Extension to import sensitive goods.
It is also one of the most relevant modifications, since it simplifies the process of requesting the extension to import sensitive goods, since the following was eliminated: applications
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- Include the number of managerial, accounting and administrative employees.
- Ratification of the report by a Registered Public Accountant
As can be seen the changes made put greater certainty in the applications, approvals and reasons for the refusals, for the experts they suppose a challenge to modify and adapt the way in which they make the application, but they suppose a lower cost and a greater ease for the companies that request the program.
applications
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