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New Certified Maquila Rules ______________________________. Background. On December 15, 2011 the Fourth Resolutions Amending the Foreign Trade Rules for 2011 were published in the Official Federal Gazette ( the “ Foreign Trade Rules ”).
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New Certified Maquila Rules ______________________________
Background • On December 15, 2011 the Fourth Resolutions Amending the Foreign Trade Rules for 2011 were published in the Official Federal Gazette (the “Foreign Trade Rules”). • The rules pertaining to the Certified Companies have been substantially amended. • The Certified Company program has been in place since, 2004. • It had two programs: 1) A generic program, and; 2) an IMMEX Certified Program.
Background • The “old” program was in place until January 1, 2012: • 11 different industrial sectors were eligible. • It granted 22 “generic” benefitsto certified companies. • All IMMEX companies were granted 25 benefits in addition to 22 generic benefits with a total of 47 benefits.
New Rules for Certified Companies • The new certified company program (“New Program”) or NEEC, as the Mexican authorities referred to the program, eliminates several benefits to non-IMMEX companies • The New Program can be analyzed as: • Generic Certified Program. • IMMEX Certified Program. • IMMEX- “Premium” Certified Program.
New Rules for Certified Companies • 6 sectors were eliminated, leaving 5 eligible sectors. • The following benefits are granted: • 5 benefits to the Generic Certified Program • 6 benefits to the IMMEX Certified Program. • The 36 months term for raw materials, parts and components. • Simplified notice on submaquila operations.
New Rules for Certified Companies • 20 benefits specifically granted to the IMMEX-”Premium” Certified Program or NEEC. • Sales by the parent company; virtually delivered by the maquila company.
New Certified Company Program • IMMEX- “Premium” Certified Program, in total: • 31 benefits (20 granted specifically to it + 6 for the IMMEX program + 6 generic benefits). • 3 for IMMEX-Holding companies. • 3 for IMMEX in the aerospace industry. • 6 for qualified IMMEX companies.
New Certified Company Program • It is the Mexican version of C-TPAT. • Actually, companies operating under the C-TPAT will have preference. • There are 3 main principles of compliance: • Tax • Customs • Security
New Certified Company Program • Minimum standards: • Supply chain security planning. • Physical security. • Access Control. • Commercial Partners. • Security in processes. • Customs Processes.
New Certified Company Program • Security in freight vehicles, trucks, containers. • Personnel Security. • Security of information and documentation. • Training on Security.
New Certified Company Program • Who is eligible for the Generic Certified Program? • Companies that have imported, at least, 300 million pesos of merchandise in the last semester. • Courier companies (with certain requirements).
New Certified Company Program • Who is eligible for the IMMEX Certified Program: • Companies with imports of no less than 200 million pesos in the last semester in which the application is being filed. • Companies with imports that are less than 200 million pesos in goods : • Additional requirements. • Annual report based on the value of assets prepared by CNIME).
New Certified Company Program • Who is eligible for the IMMEX-Premium Certified Program: • IMMEX Holding companies in terms of the IMMEX Decree. • IMMEX companies in the aerospace industry (with certain requirements).
New Certified Company Program • IMMEX companies who: • Have been operating for 2 years as a certified company. • Have a SECIIT (Electronic Inventory Control System) • Only the electronic, electric, auto parts and automotive industries were eligible.
New Certified Company Program • Report by the CNIME) that certifies that the company has: • 1000 employees. • 30 million dollars in machinery and equipment. • Be a public company or be part of a group that is a public. • Other requirements.
New Certified Company Program • In addition: • A report from the General Administration of International matters is required (Administración Central de AsuntosInternacionales). • 5 years of import/export operations. • File a request for report “Solicitud de dictamen a que se refiere el apartado L., primer párrafo de la regla 3.8.1.”
New Certified Company Program • File, among others, a profile of the company by filing the “Perfil de la empresaconforme a lo establecido en el apartado L., segundopárrafo, fracción III de la Regla 3.8.1.” • An inspection visit the General Administration of International matters is required (Administración Central de AsuntosInternacionales) to validate that the company complies with the “profile”.
New Certified Company Program • If the company does not meet the “profile” A NEW APPLICATION CAN BE FILED AFTER TWO YEARS AFTER THE ORIGINAL REQUEST WAS FILED.
What happens to my current authorization? • You will continue to benefit from the program until it expires.
Gracias. Leobardo Tenorio-Malof ltenorio@tplegal.net Blvd. Sanchez Taboada No. 10488-701, Torre Platino, Zona Rio Tijuana, Tijuana, B.C. 22010. 641 E. San Ysidro Blvd. Suite B3-808, San Ysidro, CA 92173. MX (664) 634-2808 US (619) 270-1120 TP Legal S.C. es miembro de PROLEGAL, una alianza profesional con oficinas en las ciudades de Monterrey, Chihuahua, Guadalajara, Cancún y Ciudad de México.
