Suspension of IMMEX Programs

August 12, 2009
Suspension of IMMEX Programs

On July 14, 2009, the Department of Economy (Secretaría de Economía or SECON) publishedin the Official Journal of the Federation orders for the suspension of certain IMMEX programsof various program participants. The reasons given for suspending such participant’s programscan be classified into two categories: i) failure to submit the annual sales and exports report forthe fiscal year of 2008; and/or ii) failure to update their electronic signature, maintain an activetax identification number (Registro Federal de Contribuyentes or RFC), and/or to update theregistered domicile and the domiciles of any additional locations for tax purposes.The first legal basis for suspension is set forth in article 25 of the Decree for the Development ofthe Manufacturing Industry, Maquiladora and Export Services (Decreto para el Fomento de laIndustria Manufacturera, Maquiladora y de Servicios de Exportación or IMMEX Decree),which requires IMMEX Program participants to submit to the SECON an annual report inelectronic format with information concerning total sales and exports of the prior fiscal year.Such provision sets the last business day of the month of May as a deadline to submit suchreport. The second legal basis for suspension is set forth in article 11, section III of the IMMEXDecree which requires all IMMEX Program participants to have an electronic signature at all times, an active RFC and domicile for tax purposes and all additional locations registered,accounted for and active in the RFC. Pursuant to article 29 of the IMMEX Decree, the SECON isresponsible for enforcing compliance with such obligations on an annual basis. In order to curethe second cause for suspension, IMMEX program participants that are listed in such order mustvisit the web page to find out the specific cause for suspension that appliesto each individual case and cure such default at the corresponding Local Taxpayer AssistanceAdministration (Administración Local de Asistencia al Contribuyente). The second article of thepublished order allows those participants that had their IMMEX programs suspended to submittheir annual report, update their electronic tax signature or cure any discrepancies with their RFCno later than the last business day of August, 2009. The companies that fail to comply on timewith the necessary requirements to revoke the suspension of their IMMEX Programs will havetheir programs cancelled permanently on September 1, 2009.We recommend that our clients and readership of the CCN Mexico Report review such publishedorder to check whether their company appears on such list. Our firm will be available to assist inavoiding the permanent cancellation of IMMEX Programs.

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