DECREE amending the previous Decree by which the Ministry of Economy issues General Rules and Criteria in Foreign Trade Matters
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DECREE amending the previous Decree by which the Ministry of Economy issues General Rules and Criteria in Foreign Trade Matters

On February 12, 2026, the Decree amending the previous Decree by which the Ministry of Economy (SE) issues General Rules and Criteria in Foreign Trade Matters was published in the Official Gazette of the Federation (DOF), introducing amendments and additions to multiple provisions of the regulatory framework currently in force in this area.

Among the most relevant changes are the following:

1. Formal Requirements and Filing of Applications

  • Mexican Foreign Trade Portal (VUCEM) and electronic communications:
    • Applications before the SE must be submitted in accordance with the filing method established for each procedure, preferably through the Mexican Foreign Trade Portal (VUCEM) (https://www.ventanillaunica.gob.mx) or through the electronic means determined by the authority.
    • For procedures not processed through the Digital Window, filings may be submitted via official email addresses designated by resolution published in SNICE.
  • Accepted official identification: For purposes of procedures before the General Directorate of Trade Facilitation and Foreign Trade (DGFCCE), the following are accepted:
    • Valid INE voter identification card.
    • Valid passport.
    • Professional license with photograph.
    • Valid immigration document for foreign nationals.
  • Requirements for free-form filings:
    • Electronic download links and formats other than those required will not be accepted.
    • When submitting documentation by email, if multiple emails are required due to file size, the sequence number must be indicated (e.g., “1 of 2”).

2. Documentary Verification and Inspection Visits

  • The SE may:
    • Request additional information and require reports or opinions from other domestic or foreign authorities.
    • Conduct verification or inspection visits at the premises of beneficiaries of instruments or permits, even prior to authorization or during their validity.
  • Penalties for inconsistencies:
    • If submitted documentation is identified as false, contains false information, or has been altered, the SE may nullify the issued resolution.
    • Beneficiaries engaging in such actions may be disqualified for up to five years from obtaining new authorizations, including Legal Representatives, partners, or shareholders.

3. Order of Processing and Duplicate Applications

  • A new application for the same procedure may not be submitted unless a prior final resolution has been issued; otherwise, the new application will be dismissed.

4. Maintenance and Updating of Requirements

  • Obligations of instrument holders: Holders of permits, registrations, certifications, or authorizations must keep updated the requirements under which such instruments were originally granted.
  • If non-compliance is detected:
    • A cancellation procedure may be initiated, suspending related benefits and operations.
    • A period of 10 business days will be granted to submit evidence or arguments.
    • If the grounds are not rebutted, a final cancellation resolution will be issued within a maximum period of three months.

5. Updating of Holder Information: Holders must report, within 10 business days, any change to the information declared in the original application (e.g., corporate name, Tax ID (RFC), representatives, addresses), through a free-form filing in accordance with applicable rules.

6. Grounds for Suspension and Cancellation of Permits and Notices: Specific grounds for suspension or cancellation are established, including:

  • Submission of false or altered documents or data.
  • Failure to submit required information.
  • Use of goods for purposes other than those authorized.
  • Plant or facility conditions different from those declared.
  • Inability to locate the beneficiary.
  • Misuse of permits or notices.
  • Failure to comply with requirements.

7. Steel Products (Rule 2.2.26)

  • Automatic import notices: Automatic import notices for steel products must include:
    • Tariff classification and NICO.
    • Quantity to be imported.
    • Value in U.S. dollars (excluding freight and insurance).
    • Country of steel melting and casting.
    • Country of transformation.
    • Exporting country.
    • Mill and/or quality certificates.
    • Name and address of the manufacturer and Mill (as listed in the official VUCEM catalog).
    • Detailed product description (type of steel, dimensions, coating, etc.).

If the Mill is not listed in the catalog, its registration may be requested through a free-form filing accompanied by a favorable opinion from SAT and a valid mill certificate.

  • Registry of Importers of Steel Products: A registration scheme is established with:
    • Annual validity.
    • Authorization of automatic notices by tariff classification.
    • Quarterly import reports (not exceeding 3% of certified quantities).
    • Obligation to maintain tax, customs, and foreign trade compliance.
    • Cancellation procedure with the right to a hearing within 10 business days.

8. Updated Annexes

  • Annex 2.2.13: The list of participants in the Kimberley Process Certification Scheme (KPCS) was updated, including 59 countries.
  • Annex 2.2.14: The official format of the Kimberley Process Certificate is incorporated, a mandatory bilingual document for the certification of rough diamonds.

Entry into Force

The Decree enters into force the day following its publication in the Official Gazette of the Federation (February 13, 2026).

Purpose of the Amendments

The amendments aim to:

  • Strengthen controls over documentation and procedural integrity.
  • Reinforce administrative verification of permits and authorizations.
  • Increase legal certainty in the management of prior permits and automatic notices.
  • Raise technical standards for tariff modification requests and foreign trade matters.

Economic operators, foreign trade departments, and compliance areas are advised to conduct a detailed analysis by procedure type and industrial sector to adjust internal processes and ensure alignment with the new regulatory framework.

 

J.A. DEL RÍO offers a wide array of specialized consulting services to assist you with these and other matters, in order to ensure that your project complies with the applicable characteristics  contained in this agreement.

If you have any questions, J.A. DEL RÍO can provide you with our experts to advise in matters concerning compliance with your legal and tax obligations. Once again, please let us know if we may be of any further assistance to you at: contacto@jadelrio.com.

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