Following up on the diverse memorandum 03/2013, we are please to inform the main reforms and additions to the provisions on foreign trade for 2014, that have been already approved by the Congress.

Elimination of VAT payment exemptions:

Elimination of VAT exemption on temporary imports’ of goods done by companies through IMMEX program, automotive tax warehouse custom procedure and placement of goods into the Strategic Fiscal Precinct.

The Reform includes two scenarios in which the tax caused by the entry of goods into the mentioned customs regimes, will not be paid:

  1. The company gets a CERTIFICATION by the SAT, when they meet the requirements set by the same authority through rules. The company would have a credit equivalent to 100% of VAT.
  2. The company ensures the VAT caused though a bond or guarantee deposit.

This reform will enter into force after a year from the date in which the corresponding foreign trade rules are published.

IMMEX:

  • The new Income Tax Law establishes the cases where the maquila operation will not trigger Permanent Establishment, If also establishes additional requirements to those prescribed by the Article 33 of IMMEX Decree.

Customs Warehouse and Strategic Bonded Warehouse:

  • Extending the period from 5 to 7 calendar days for free storage of goods in custom warehouse.
  • Operation of Strategic Bonded Warehouse throughout the national territory, being sufficient that the corresponding property is within the district of any customs.
  • Goods in Custom Warehouse may enter to a Strategic Bonded Warehouse, through compliance with rules to be issued by the SAT.
  • Persons providing management services, storage and custody of goods in Custom Warehouse may operate in the Strategic Bonded Warehouse.

Customs agents:

  • Individuals could make customs clearance of the goods without the mandatory intervention of a custom agent.
  • Removing the custom agent and substitute customs agent figures.
  • Creation on the customs representative, mandatory for corporations.

Clearance of goods:

  • Establishment of the Customs Electronic System (currently VUCEM), to perform the clearance of goods with electronic and digital documents.
  • In Maritime Customs, it´s allowed for efficiency reasons, the entry and exit of goods by a different place than the authorized.
  • Elimination of the second customs inspection.
  • Rectification of the form before and after the activation of automated selection mechanism, with special permits.
  • Granting concessions in services of data electronic pre-validation to any individual who meets the requirements.
  • Withdrawal and regime change in any case before activating th e automated selection mechanism.
  • Adjustment of temporary imports’ of goods, even when the deadline to export them has expired.

Notifications and Electronic Audits:

  • Notifications will be held by the Customs Electronic System.
  • Audits in foreign trade could be performed electronically.

Jointly liable:

  • Extension of the joint liability to the legal representative for payment of contributions caused by the import and export of goods.

Rail transport

  • Recognition of the railway traffic as a transportation media for the import and export of goods.
  • Authorization to import temporarily locomotives and specialized equipment for 10 years, in order to increase this sector.

Sanctions:

  • Reduction up to 50% of the sanction established in the Customs Law, when not caused by the omission of contributions and/or countervailing duties or the seizure of the goods.
  • Imposition of sanctions by the transmission and incorrect generation of the COVE (electronic Proof of Value), and other data in the electronic declaration.

Tax Administration Service (SAT):

  • Possibility of making customs recognition, risk analysis and inspections with non-intrusive technology equipment.
  • Faculties in order for the SAT to realize cooperation activities with foreign authorities to prevent smuggling, triangulation of origin, undervaluation or overvaluation of goods, etc.
  • Extension of customs accounts to guarantee tax credits.