On May 9th, 2022, the Agreement by which the Ministry of Economy issues General Rules and Criteria in the field of foreign trade was published in the Official Gazette of the Federation, outlining various reforms relevant to the operation of IMMEX and PROSEC Programs. The main points are as follows:
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Pursuant to Rule 3.1.1., third paragraph, faith of facts (fe de hechos) as requirements to apply for a new IMMEX or PROSEC Program will be optional. It may be requested in writing to officials of the Ministry of Economy to come to the Applicant's facilities for an inspection or verification visit.
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The faith of facts (fe de hechos) is eliminated for registering a warehouse, or for registering an additional address as part of an authorized IMMEX Program. Instead, a freely written document under oath to tell the truth, or the service provision contract for storage services, is required.
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A list of Public Brokers authorized by the Ministry of Economy will be provided to carry out the verification of facts relating to requests for IMMEX and/or PROSEC Programs.
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A term of 10 business days is granted after any change to notify the Ministry of changes in name or company name, R.F.C., partners and/or shareholders, legal representative, and fiscal address of companies with an authorized IMMEX Program.
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In accordance with Rule 3.2.16, subsection e), export operations conducted through virtual channels will be considered as exports for the purposes of the monthly and annual reports of foreign trade operations.
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There is an obligation to notify the Ministry of Economy 10 business days after a merger or spin-off of companies that have incorporated into the IMMEX Program.
The new regulations came into effect on May 10th, 2022. However, for up to 6 months after the entry into force, certification of facts may still be issued through Public Notaries. After this period, only attestations of facts issued by Public Brokers will be accepted.