On July 8, 2013, the Ministry of Finance and Public Credit, published in the Federal Official Gazette, the Fifth Resolution of Amendments to the Foreign Trade General Rules (FTGR) for 2012, which will be effective the following day of its publication.

Relevant aspects

Through this Resolution, the Ministry of Finance and Public Credit amends, adds and repeals 37 rules in connection with the regulations applicable to certified companies, change of regime and return of goods in IMMEX programs which have been cancelled, term for the extemporary payment of virtual pedimentos, among others.

Between the amendments and additions that stand out are those made to Chapter 3.8 – Certified Companies. The Ministry announced amendments and additions to the requirements to apply for the registration in the Certified Companies Registry, including those corresponding to paragraph L of Rule 3.8.1 (NEEC) and to start-up companies that prior to their incorporation, operated under a shelter structure through the IMMEX of another company, for at least three years.

Also, in accordance to Rule 4.3.9., goods which period of stay in Mexico expired before the cancellation of an IMMEX program, cannot be included within the authorization granted to IMMEX companies (which program has been canceled), to extend the original term to comply with their obligation to change the customs regime or return abroad goods, as a result of such cancellation.

In addition, the term provided under Rule 4.3.23, I, A, was modified, in connection with the processing and payment of extemporaneous pedimentos covering the virtual transfer of goods. Now, the payment must be made within the term of six months as from the day in which the transfer took place, term which shall not exceed the period of stay of the merchandise subject to transfer.

Finally, this Resolution also modified the Glossary of Definitions and Acronyms of the FTGR and certain fields of Annex 22, like the main heading of the pedimento, information of the supplier/purchaser, cases of application of code "GC" and identifiers "IN", "OC" "SP" and "XP", among other modifications.