strategic bonded warehouse tax department (foreign trade) april 19th, 2012
TRANSCRIPT
STRATEGIC BONDED WAREHOUSE
Tax Department (Foreign Trade)April 19th, 2012.
Background. Concept. Legal Framework. Objectives. Requirements. Features. Subjects. Duties of the Administrator. Duties of the Administered
BACKGROUNDSBACKGROUNDS
Customs Law Reform, addition of the articles14-D, 135-A, 135-B, 135-C and 135-D, published in the Official Gazette of the Federation on December 30th, in force on July, 2003.
On October 9th, 2003, was published on the Official Gazette the FOURTH Amendment Resolution Rules of General Character in the matter of foreign trade for 2003, through which was added the Chapter 3.9 “Strategic Bonded Warehouse”.
On November 30th, 2006, was published in the Official Gazette of the Federation the Decree laying down a number of benefits to the Strategic Bonded Warehouse Regime.
CONCEPTCONCEPT
In accordance with article 135-B of the Customs Law, the Strategic Bonded Warehouse regime consists in the introduction of goods, for a limited time, handling, storage, custody, exhibition, sale, distribution, production, processing or repair.
LEGAL FRAMEWORKLEGAL FRAMEWORK
Customs Law articles:14-D, 135-A, 135-B, 135-C and 135-D.
General Character Rules in Foreign Trade Matter for 2011, published in the Official Gazette of the Federation on July 29th, 2011, Chapter 4.8.
OBJECTIVESOBJECTIVES
Raising the competitiveness of companies, under the principles of administrative simplification, improved logistic processes and efficient customs control.
To promote foreign direct investment in the country.
Create sources of employment.
Promote import and export goods in a competitively matter.
REQUIREMENTS
In accordance with Rule 2.3.6 and the “Process Instructive in order to enable a real state for the entry of goods under the Strategic Bonded Warehouse regime and the authorization for its administration" of the General Character Rules in the Foreign Trade Matter, the requirements are:
Certified copy of articles of incorporation, with the integration and shareholders of the capital stock, in which it must prove a minimum fixed and variable paid capital of $ 1'000, 000.00 and, where appropriate, modifications to it, in which the registration information in the Public Registry of Commerce shall remain visible.
REQUIREMENTS
Certified copy of document which clears the legal use or enjoyment of property for a minimum period of ten years.
Investment program, which will contain the concepts to develop as a result of works, facilities and / or adaptations to be made including those required investments in infrastructure of roads, noting the amount in national currency of the respective investment funding sources and the periods within which investments will be made.
The investment program should consider the following elements:
REQUIREMENTS
a) Delimit the Strategic Bonded Warehouse in accordance to the guidelines that for that matter are issued by the ACPA. (Central Administration of Customs Planning.)
b) The installation of X ray equipment, CCTV, and other means of control, according to the guidelines that for that matter are issued by the ACPAThe plans in which the area seek to enable as a Strategic Bonded Warehouse, is identified, according to the guidelines that for that matter are issue by the ACPA.The Strategic Bonded Warehouse must have a minimum of 10 hectares of urban area and have a reserve of land for growth of at least 10 hectares of useable land.
REQUIREMENTS
Economic study that demonstrates the economic and financial viability of the project, which should be attach a written with approval by the National Bank of Public Works and Services SNC according to the guidelines set out in the website www.banobras.gob.mx.
Certified copy of the documentation which was certifies the legal representative of the person signing the application, with power to administrative acts.
Proof of payment made through the electronic schematic e5cinco, attesting to the payment of fees provided for in Article 40, paragraph l) of the LFD.
REQUIREMENTS
Writing signed by the legal representative and for each of its shareholders, through which state under oath, that they have financial solvency, technical, administrative and financial capacity.
Positive opinion on compliance with tax obligations.
FEATURES
It empowers the SAT to authorize the Strategic Bonded Warehouses to be able to allocate merchandises to this regime.
Customs Law as well as the General Character Rules in the Foreign Trade Matter for 2011, establish the requirements obligations, responsibilities and terms for the corresponding authorization.
FEATURESFEATURES
The goods could be designated to the regime by automatize registers (electronic notice) or the respective customs declaration.
The goods can be removed from the RFE in order to: a) be definitive imported, b) be definitive imported, c) Return abroad, d) Return to domestic market, e) Temporarily imported by maquiladoras or companies with export program and f) To be designated to the Strategic Bonded Warehouse regime.
FEATURESFEATURES
Not subject to payment of foreign trade taxes or countervailing duties (deferral) even if there is causation, where article 63-A of the Customs Law, nor the fulfillment of the none taxable regulations and restrictions, and NOM'S, except animal and plant health, environment and national security.
The goods can remain in the Strategic Bonded Warehouse for the period appointed in the General Character Rules in Foreign Trade Matters (GCRFTM).
FEATURESFEATURES
The remaining resulting from the processes of transformation, will not cause any contributions as well as the waste as long as this last one is proven to have been destroyed.
The authorization can be granted till for a period of 20 years, which could be extended for an equal period of time.
The transfer of the goods under the RFE between maquiladoras IMMEX, or others RFE’s and it’s return to abroad shall be done in terms of the GCRFTM, using the electronic notices or the customs declarations.
SUBJECTSSUBJECTS
Subjects that may be authorized:
Administrator.Administered.
Administrator:
Is the one who administrates, supervise and controls the RFE and is the person that obtains the habilitation of the Strategic Bonded Warehouse.
In practice this habilitation is been granted to the government of the Country States.
SUBJECTSSUBJECTS
Administered:
Is the legal entity that obtains the authorization to managed the Strategic Bonded Warehouse regime.
DUTIESDUTIES
Duties of the Administrator:
Take the necessary steps to delimit the enabled property.Install the X ray equipment’s, CCTV and other control means.Provide the necessary infrastructure for the submission of customs services that are required, as well as the maintenance and necessary services for the proper functioning of these facilities.Build, maintain and manage the common use infrastructure within the Warehouse and to ensure the provision of public services in these facilities.
DUTIESDUTIES
Must make available to the customs authority the previously approved facilities by those authorities for the functions of the clearance of goods.
Must comply in time and form the presented investment program and should provide to the General Administration of Customs a monthly progress report.
DUTIESDUTIES
To prove compliance with the points mentioned above, the Administrator must apply to the competent Customs a finding of facts of which will provide a copy to the Central Administration of Customs Operations as well as the Central Administration of Customs Planning, which it shall contain:
The conclusion of worksPhysical inspection of the works carried out stating that the Administrative Entity met the corresponding guidelines.
DUTIES.DUTIES.
Duties of the Administered:
Register the documents of the goods entry and exit, such as customs declarations, cargo manifests, bills of lading, "Electronic Notice of Import and Export" and "Notices of transfer goods of IMMEX companies" and others indicate that if the case, in the applicable legal provisions.Provide, install and maintain the systems and equipment for the automated recording and control of entry and exit of goods.
There is a third figure (Customs Section), within the RFE.
END OF PRESENTATION
Departament: Fiscal (Foreign Trade).Attorneys Rosario Huet Covarrubias/ Francisco Gómez Víquez.Telephones: 52-07-52-03/ 55-25-63-69 Mails: [email protected] [email protected]