New obligations and deadlines for importers and custom agents relating to documentation that must be attached to the declaration of value form
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New obligations and deadlines for importers and custom agents relating to documentation that must be attached to the declaration of value form
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On August 31st, 2015, the Third Resolution of Amendments to the 2015 Foreign Trade Rules was published (in Spanish: Tercera Resolución de Modificaciones a las Reglas Generales de Comercio Exterior para 2015), in the Official Gazette of the Federation. One of the most relevant changes establishes an extension of the period for importers and the attachments to the declared value of the merchandise, in accordance with what is stipulated in article 81 of the Regulations of the Customs Act (in Spanish: el Reglamento de la Ley Aduanera). The said provision will go into effect on January 15th, 2016. The documents that the importers must provide to the customs agent are the following: • Commercial invoice; • Shipping knowledge, packing list, air waybill, or other transport documents. • That which confirms the origin where appropriate and the country of origin of the merchandise. • Guarantees • Receipt for merchandise (electronic funds transfer of payment or letter of credit). • Freight costs, insurances, and related expenditures that are associated with the operation at hand. • Agreements related to the transaction of merchandise which is the objective of the operation. • Documents that support the incremental line-items; and, • Any other information and necessary documentation that determines the value of merchandise in customs at hand. It is important to mention that the extension of the period until January 16th, 2016 only applies in submitting the said information to the customs agent; for which reason importers (individuals and legal entities), must have all the aforementioned documents beforehand since April, 2015. There are other documents that, by their nature, might be found in other departments such as a receipt for merchandise or the respective agreement, both of which form part of the imports. Previously it was not required for the tax authorities to have contracts and agreements related to goods transactions, in case of not having them we would recommend to contact your legal advisors and start this process As you can imagine, these new obligations will represent an additional administrative burden for personnel that is involved in foreign trade operations. For this reason we suggest that a comprehensive dossier be prepared that contains an itemization of each of the listed documents, which must be attached to each and every one of the import operations carried out. We recommend that you contact your foreign trade advisors and/or custom agents to confirm that you are currently complying with the customs provisions which I have commented on, in order to avoid any future contingencies in the importation of goods and merchandise.
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