Chihuahua, Chih., October 29th, 2024

Dear Clients and Friends:

In relation to the publication of the Second Resolution of Amendments to the General Rules of Foreign Trade for 2024 (RGCE) and its Annexes 1, 2, 5, and 24, in the Official Gazette of the Federation (DOF) on October 14, 2024, which became effective the following day, except for certain exceptions, we present below a brief overview of the reforms we consider relevant for companies operating under the Certified Company Scheme in VAT and IEPS matters and IMMEX programs:

1. Inventory Control for Certified Companies (Annex 24)

The automated inventory control system must update information within 48 hours following importation and provide online access to the customs authority, ensuring goods control and compliance with return obligations. It is important to note that the requirement to implement this change in Annex 24 will take effect one month after publication, that is, on November 15, 2024.

Additionally, the inventory control system must be connected to the company’s internal system (ERP) to facilitate information integration and ensure traceability and compliance with customs regulations.

2. Requirements to obtain Registration in the Company Certification Scheme – VAT Modality IEPS (Rule 7.1.2)

Companies that temporarily import goods from Annex II of the IMMEX Decree or Annex 28 must return at least 80% of the total value of the goods imported in the last 12 months prior to the request.

3. Obligations of the Certification Scheme (Rule 7.2.1)

The obligation to notify AGACE in cases of changes in the company name, address or new facilities is eliminated; however, the obligation to notify if it is intended to import additional goods to those registered in the program, at least 30 days before the first importation, is introduced.

4. Grounds for Cancellation of Registration (Rule 7.2.4)

The non-return of temporarily imported goods is added as a cause for cancellation, in accordance with the provisions of rule 7.1.2.

5. Modification of Term for Tax Guarantees (Rule 7.4.1)

The term of validity of tax guarantees in matters of VAT and IEPS by means of a bond or letter of credit is extended to 30 months.

6. Requirements for Acceptance of Collateral (Rule 7.4.2)

Requirements are added for the acceptance of guarantees, such as compliance with tax obligations, having valid digital certificates, and not being on negative SAT lists.

Likewise, it is important that each company individually analyzes the publication in question to identify any other regulatory aspect that may be relevant to its operation since there are possible changes or particularities that have not been mentioned in this memorandum that could affect.

Without further ado, we remain at your disposal to answer any questions or provide additional advice.