16 Aug Suspension Causes of the IMMEX Program
Last July 19th, 2024, the Ministry of Economy (hereinafter “ME”) published the “Notice announcing the names of the holders and numbers of the Manufacturing, Maquiladora and Export Services Industry Programs suspended”, through which more than 300 companies were listed.
This suspension is mainly due to:
- The failure to submit the Annual Foreign Trade Report (commonly known as “RAOCE”) for fiscal year 2023, within the established deadline; as well as
- Failure to comply with the requirements established in article 11, section III, of the IMMEX Decree, which consist of: having a valid FIEL (electronic signature), an active Federal Taxpayers Registry (“RFC”), that the tax address and the domiciles registered under the IMMEX Program are registered and active in the RFC, not being on the “black lists” published by the SAT, and having a tax positive opinion.
In connection with the above, it is important to recall the main main obligations of companies authorized to operate an IMMEX Program, which can be summarized below:
- Carry out annual sales abroad for a value greater than $500,000 USD (or its equivalent in national currency MXN), or invoice exports for at least 10% of its total billing.
- Allocate the temporarily imported goods under its Program to the purposes for which they were authorized.
- Return the temporarily imported goods within the legal terms established in the IMMEX Decree.
- Maintain the temporarily imported goods at the domiciles registered in the Program.
- Notify the ME of any changes in corporate name, RFC, tax address and addresses to carry out operations under the Program, as well as amendments in partners, shareholders or legal representative.
- Have a valid FIEL, active RFC, and positive opinion at all times.
- Submit the RAOCE no later than the last business day of May.
- In the event of the temporary import of fuels and oils used to carry out manufacturing operations under the Program, maintain strict volumetric control and check their consumption.
It should be noted that failure to comply with any of the duties above may result in the cancellation of the IMMEX Program, as well as any other cause established in the Decree.
For those companies that are suspended due to the failure to submit the RAOCE within the established period (May 31th, 2024), they may file it no later than August 30th, 2024. If it is not submitted within this period, the IMMEX Program will be suspended as of September 1st, 2024.
If you wish to see the list of suspended companies, you can enter the following link:
https://www.dof.gob.mx/nota_detalle.php?codigo=5734037&fecha=19/07/2024#gsc.tab=0
At Cuesta Campos, we can support you in case of any questions related to the above, as well as to understand the implications that this entails. Should you have any comments or inquiries, please do not hesitate to contact us.
Contact
Alejandro Martínez
Ana Victoria Parra Aceves
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.