When did the Accord enter into force?
What are the main modifications and additions in the Accord?
What changes does the Accord establish?

On 9 May 2022, the Secretary of Economy (SECON) published the Accord through which the Secretary of Economy issues the General Rules and Criteria on Foreign Trade in the Federal Official Gazette (DOF). This article answers the most important questions that the new Accord has raised.

When did the Accord enter into force?

The Accord entered into force on 9 May 2022.

What are the main modifications and additions in the Accord?

The Accord features the following main modifications and additions:

  • It adds regulations regarding the automation and simplification of procedures through the Mexican foreign trade single window.
  • It eliminates the requirement to submit certification of facts in certain procedures with SECON's General Direction of Trade Facilitation and Foreign Trade.
  • It simplifies the submission of notices and obtention of permits.
  • It lists tariff items subject to comply with official Mexican standards (NOMs), as well as the applicable exceptions to comply with NOMs.
  • Its content is matched and updated with commercial identification numbers.

What changes does the Accord establish?

The main changes can be divided into two categories:

  • duties and non-tariff regulations and restrictions; and
  • promotion programmes.

Duties and non-tariff regulations and restrictions
The Accord establishes the following duties and non-tariff regulations and restrictions:

  • It is established that mill certificates must contain an autographic signature or QR code.
  • Goods imported through courier and packaging companies duly registered with the Mexican Tax Administration Service, and whose customs value does not exceed $2,500, will not be forced to comply with NOMs that are applicable when being imported into Mexico.
  • Goods subject to countervailing or antidumping duties that could be classified under two or more tariff items, regardless of the tariff item declared, must pay the applicable countervailing or antidumping duties when being imported into Mexico.
  • In case of discrepancies between Annex 2.5.1 (countervailing or antidumping duties Annex) of the Accord and resolutions of disloyal practices in international trade published in the DOF, the considerations of the resolutions referred will be applicable.
  • Generally, countervailing or antidumping duties are applicable on definitive imports. However, countervailing or antidumping duties could be applicable on temporary imports and goods subject to the tax precinct regime, among other things, as determined in the corresponding resolutions.
  • The Accord establishes a requirement to obtain registration as "Company of the Region", applicable to Chetumal in the state of Quintana Roo. Companies that obtain this registration are entitled to import the goods referred to as free from the corresponding import duty in the Decree of the Free Zone of Chetumal.

Promotion programmes
The Accord also establishes the following promotion programmes:

  • Certification of facts issued by public notaries will be valid for manufacturing, maquila and export services industries programme (IMMEX) and sectoral promotion programme (PROSEC) procedures until 9 November 2022. Therefore, as of the date previously indicated, for IMMEX and PROSEC procedures, certifications of facts will only be valid when issued by commercial public brokers authorised by the SECON. When the domicile of the requesting company is located within the district of the SECON offices, the company can request a verification visit instead of issuing the certification of facts.
  • Companies with IMMEX programmes can extend the inputs authorised for temporary import, as well as the finished products manufactured with these inputs, with no obligation to request an extension of their IMMEX programme. Nevertheless, companies must inform the SECON through a written submission, regarding the extension of the inputs temporarily imported and the finished products manufactured.
  • Certification of facts will not be required for the following procedures:
    • modification or registration of new domiciles, facilities, warehouses or storage; and
    • subsequent extension for the import of sensitive goods.
  • In addition to applicable requirements for IMMEX programme authorisations, the corporate purpose of the requesting company must match the sector and activities requested for IMMEX purposes.
  • Companies that had their IMMEX programme cancelled due to grave causes established in the applicable legislation within the previous five years cannot be registered as sub-manufacturing companies.
  • For IMMEX and PROSEC programmes, notices regarding modifications of a company's information (eg, corporate name, taxpayers registry, partners or shareholders, and domicile) must be filed within the 10 days from the corresponding modification.

For further information on this topic please contact Edmundo Elías-Fernández, Daniel Torres-Güémez or Daniel Ascencio-Zamarripa at Ramos, Ripoll & Schuster ​by telephone (+52 55 1518 0445) or email ([email protected], [email protected] or [email protected]). The Ramos, Ripoll & Schuster website can be accessed at www.rrs.com.mx.