Overview

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, introducing various reforms. This Agreement is significant for the operation of IMMEX and PROSEC Programs. Below are the main points:

• Pursuant to Rule 3.1.1., third paragraph, faith of facts (fe de hechos) as a requirement 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.

• The faith of facts (fe de hechos) is eliminated for registering a warehouse or an additional address as part of an authorized IMMEX Program. Instead, a free write document under oath declaring the truth, or the service provision contract for storage services, is required.

• A list of Public Brokers authorized by the Ministry of Economy is provided to conduct verification of facts for requesting IMMEX and/or PROSEC Programs.

• A term of 10 business days is granted following any change to notify the change of name or company name, R.F.C., partners and/or shareholders, legal representative, and fiscal address of companies with an authorized IMMEX Program.

• In accordance with Rule 3.2.16, subsection e), export operations conducted through virtual operations will be considered as exports for the purposes of the monthly and annual foreign trade reports.

• There is an obligation to notify the Ministry of Economy within 10 business days following the merger or spin-off of companies with the IMMEX Program.

Implementation

The new regulations came into force on May 10th, 2022. However, for up to 6 months after its entry into force, certification of facts may continue to be issued through Public Notaries. After this period, only attestations of facts issued by Public Brokers will be accepted.