Transcript Leobardo (Leo) Tenorio Malof, Partner from the Tijuana Law Firm of

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” benefits to 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 CTPAT will have preference.
• There are 3 main principles of compliance:
– Tax
– Customs
– Security
New Certified Company Program
• Minimum standards:
1. Supply chain security planning.
2. Physical security.
3. Access Control.
4. Commercial Partners.
5. Security in processes.
6. Customs Processes.
New Certified Company Program
7. Security in freight vehicles, trucks,
containers.
8. Personnel Security.
9. Security of information and documentation.
10. Training on Security.
New Certified Company Program
• Who is eligible for the Generic Certified
Program?
1. Companies that have imported, at least, 300
million pesos of merchandise in the last
semester.
2. Courier
companies
requirements).
(with
certain
New Certified Company Program
• Who is eligible for the IMMEX Certified
Program:
1. Companies with imports of no less than 200
million pesos in the last semester in which the
application is being filed.
2. 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:
1. IMMEX Holding companies in terms of the
IMMEX Decree.
2. IMMEX companies in the aerospace industry
(with certain requirements).
New Certified Company Program
3. 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:
1. A report from the General Administration of
International
matters
is
required
(Administración
Central
de
Asuntos
Internacionales).
2. 5 years of import/export operations.
3. 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
4. File, among others, a profile of the company
by filing the “Perfil de la empresa conforme a
lo establecido en el apartado L., segundo
párrafo, fracción III de la Regla 3.8.1.”
5. An inspection visit the General Administration
of International matters is required
(Administración
Central
de
Asuntos
Internacionales) 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
[email protected]
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.