New rules impacting the operation of companies with IMMEX and PROSEC programs

New rules impacting the operation of companies with IMMEX and PROSEC programs

May, 2022

Today, the Agreement by which the Ministry of Economy (SE) issues General Rules and Criteria on Foreign Trade Matters, which entered into force today, was published in the Federal Official Gazette.

This agreement includes significant changes to the operation of companies under the IMMEX and PROSEC programs. Among them, the obligation to submit an affidavit of facts (fe de hechos) for certain procedures—such as the registration of new addresses, the registration of sub-manufacturing companies, and the subsequent expansion of sensitive goods—is eliminated, but it is replaced by a free-form written statement detailing part of the information and documentation that was required for the affidavit of facts. With respect to the IMMEX procedures that still require the submission of an affidavit of facts —new Program, expansion of service activities, expansion of the repair, reconditioning, and remanufacturing modality, change of IMMEX modality, and expansion for the importation of sensitive goods—, it may continue to be prepared by any public attesting official (fedatario público) during the six months following the date of publication. After that period, it may only be prepared by a Public Broker (Corredor Público) previously authorized by the SE, eliminating the possibility of carrying it out through a Notary Public. It is also established, as an alternative to the affidavit of facts, the carrying out of an “inspection visit” by the representation offices (OR) authorized by the SE or by various agencies, entities, or bodies through Collaboration Agreements; however, only those companies whose addresses are within the jurisdiction of the OR or of the aforementioned agencies may request a visit. In our opinion, this “alternative” is not and will not be viable given the shortage of human and material resources, as well as the nonexistence of collaboration agreements. The preceding paragraphs describe only some of the most relevant changes. However, there are many others that will significantly impact the operation of companies under IMMEX programs and that must be taken into account to avoid penalties and even the cancellation of the programs. For more information, contact our experts: Luis Miguel Jiménez, Partner: +52 (55) 5258-1058 | lmjimenez@vwys.com.mx María de Lourdes Salazar y Vera, Counsel: +52 (55) 5258-1058 | mlsalazar@vwys.com.mx Miguel Concha, Associate: +52 (55) 5258-1058 | mconcha@vwys.com.mx Ileana Pantiga, Associate: +52 (55) 5258-1058 | ipantiga@vwys.com.mx

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