The Mexican Secretariat of Finance and Public Credit (SHCP) recently announced a revised enforcement date for the importer’s requirement to furnish proof of payment and contractual evidence for imported goods. Part of sweeping changes made to Mexican Customs law, the original enforcement date was previously pushed back to September 1, 2015 from June 20, 2015 and has now been further postponed until January 15, 2016.
SHCP initially published an amended version of the Customs Law Rules (Reglamento de la Ley Aduanera) to harmonize its terminology and regulatory definitions with the Mexican Customs Law (Ley Aduanera), while also including new documentary requirements, on April 20, 2015.
Among the various amendments, the most significant change resides in article 81, which establishes the requirement for an Importer of Record to provide documented support on the valuation of imported merchandise to the Mexican customs broker.
Importers are now required to provide their Mexican customs broker, or their legal representative, with a value manifest that assists in determining the value of goods. This official value manifest includes: information about the importer, the formal business relationship with the exporter/supplier, valuation method, and description of the goods, as well as other data. The new regulation requires importers to attach to this manifest the following documents:
- commercial invoice
- bill of lading, packing list, airway bill or any other transportation documents
- evidence of origin and place of export, such as a certificate of origin issued by the exporter or producer.
- payment of goods (electronic transfer or letter of credit), including negotiable instruments or any other means to provide evidence of payment.
- contracts between the supplier and importer.
- evidence of incremental costs, when paid or furnished with no additional charge by the importer (and the amount is not included on the price paid), such as commissions, packing, transportation, insurance, parts, tools, molds, trademarks, among others.
- any other information or documents needed in order for Mexican Customs to determine the assessed value of goods.
The current format of the new value regulation requires that the importer present all of the documents together. However, because each importer handles their operation in a different manner and won’t necessarily have all of the above-noted documents, Mexican Customs has indicated that it will be flexible in its approach to compliance in this regard.
Owing to complexity of the new rules, it is conceivable that Customs may issue another extension of the enforcement deadline, or even possibly abolish the requirements altogether.
Click here to read the complete amendments to the regulations that were published in the Diario Oficial de la Federacion (Mexican equivalent to the U.S. Federal Register or Canada Gazette).