A special section dedicated to new regulations related to electronic commerce and messaging and parcel services is established, so that these operations are declared correctly, to favor tax collection.
At the end of August the legal counselor of the Presidency, Ernestina Godoy, said the initiative would generate “stinging.”
The initiative proposes more controls to customs agents and the modification of the rules in which they have operated so far.
It is proposed to modify the requirements to obtain the customs agent and limit its validity to 10 years, in addition to the necessary certification of the customs agents all which, it is established, does not modify acquired rights because the legislator can modify the terms and conditions of those patents.
The customs council is created and this will be “a deliberative organ that will know and determine in regards to the granting of the customs agent and authorization for customs agency, as well as its extensions and the respective procedure of disqualification, suspension, cancellation or extinction, in order to restore confidence in institutions and guarantee that the procedures are carried out Opening and accessibility ”.
This Council will be chaired by the Ministry of Finance and Public Credit and will be made up of representatives of the Tax Administration Service (SAT), the National Customs Association of Mexico (ANAM) and the Anti -Corruption and Good Governance Secretariat.
They will have the right to voice but without vote representatives of other units of the Federal Public Administration and together they will verify that they do not have a customs patent “people who do not meet the requirements achieve benefits through manipulation or bribery”.
It is also considered empowing the SHYCP to issue customs agent patents to only promote merchandise office whose tariff fractions are expressly authorized.
Among other requirements to obtain the customs agent are established: that the person is not a public servant “even and when he counts licensed”, nor being disabled for it, and not having kinship due to consanguinity with the administrator and sub -administrators of the customs customs or of any of the customs in which he exercises the patent, or with the partners or shareholders of any customs agency.
It will require that they accredit a “psychotechnical exam, both for customs agent and for authorized customs president” and that exam will consist of two stages, “that of reliability and psychological.”
To operate the customs agent will require annually presenting the information related to its patrimonial evolution “and not being a partner, shareholder, legal representative or having a employment relationship or linking for the person for whom it processs foreign trade operations.”
The sanctions to which they will make creditors who perform undue acts are also established, including introducing or extracting merchandise to the national territory without permission or incurring fiscal evasion or avoidance or do not have information in the duly integrated files of the customs operations that are carried out; abuse the facilities obtained by the authorizations granted by the customs authority.
It is also proposed to expand the catalog of infractions and strengthen some of the fines already contained in the customs law so that they are congruent with the seriousness of the infraction and with the strategies that this government has announced.
Regarding electronic commerce and the importation of goods by parcel and messaging, it is indicated that many of these operations are not correctly declared in importation, which negatively impacts collection and transparency.
Therefore, to reinforce the control, it is proposed that the courier and parcel companies in the simplified procedure determine the contributions by applying the factor that the SHCP publishes, which will be calculated taking into account the fees provided for in each chapter of the rate of the Law of the General Import and Export Taxes.
“The main purpose of these measures is to guarantee the legality of the shipments made through the courier and package companies and reinforce control in these operations,” says the proposal of changes to the customs law.
“An customs regulation adapted to the particularities of digital trade will facilitate cross -border operations, thus encouraging investment and strengthening the competitiveness of Mexican companies in the global market,” he adds.
Reform for tariffs
In a second initiative, the president proposed changes to the General Import and Export Taxes Law (Ligie) to establish tariffs to more than 1,500 imported products that range from merchandise from automotive, textile, dress, plastic, steel, steel, appliances, aluminum, toys, furniture, footwear, leather, paper and cardboard, motorcycles, motorcycles, trailers, trailers, glass, among others.
This in order, he points out, to provide certainty and fair market conditions to the sectors of the national industry that face vulnerability situations, derived from the practices that alter and affect international trade and, thus promote the development of the national industry and support the domestic market.
