MAIN SERVICES:
WORLD TRADE & CUSTOMS
Advisory
World trade refers to the exchange of goods and services between countries across the world. It is a key component of the global economy, allowing countries to specialize in producing goods and services in which they have a comparative advantage, and to trade these goods and services with other countries in order to meet the demands of their respective populations.
Customs advisory services refer to the assistance provided to companies engaged in international trade with regards to customs regulations, procedures, and compliance. These services may include assistance with the following:
Classification of goods: Determining the correct HS code and tariff classification of goods for import or export purposes.
Documentation: Providing guidance on the documentation required for customs clearance, such as invoices, bills of lading, and packing lists.
Duties and taxes: Advising on the payment of duties and taxes and the calculation of these fees.
Compliance: Ensuring that goods comply with all relevant customs regulations and that the company is in compliance with all relevant trade agreements.
Clearance: Facilitating the customs clearance process and ensuring that goods are released by customs authorities in a timely manner.
Customs advisory services are important for companies engaged in international trade as they help to ensure that goods are imported or exported efficiently and cost-effectively, while also reducing the risk of non-compliance with customs regulations. By partnering with a customs advisor, companies can focus on their core business activities while leaving the complexities of customs clearance to the experts.
Customs valuation
Customs valuation refers to the process of determining the value of goods for the purposes of calculating import duties and taxes. The value of goods is typically based on the price paid or payable for the goods, taking into account various factors such as transportation, insurance, and other costs associated with bringing the goods to their destination.
The customs valuation process is governed by the World Trade Organization’s (WTO) Agreement on the Implementation of Article VII of the General Agreement on Tariffs and Trade (GATT) 1994. This agreement sets out a set of rules and procedures for determining the value of goods, which are designed to ensure that the value is determined in a fair and objective manner.
Customs valuation is an important aspect of international trade as it affects the cost of goods and the ability of companies to compete in the global market. It is therefore important for companies engaged in international trade to have a good understanding of the customs valuation process and to work with experienced customs advisors to ensure that the value of their goods is determined accurately and in compliance with the relevant regulations.
IMMEX & PROSEC Programs and Certified Company
- Obtaining IMMEX and PROSEC programs.
- VAT and IEPS’s Certification and Annex 30-31.
- Support in the preparation and presentation of IMMEX and PROSEC’s Annual Report of world trade operations and INEGI’s Monthly Report.
- Inventory control system (Annex 24).
- Reconciliation between Annex 24 balances and physical inventory.
- IMMEX Self Correction Procedure (raw materials and fixed assets).
- Total or partial management and control of the IMMEX and PROSEC programs (outsourcing).
Free Trade Agreements
- FTA’s compliance audit/review.
- Analysis, determination and certification of origin for any FTA signed by Mexico.
- Support and representation before national and foreign authorities in terms of origin verification.
OEA & C-TPAT Certification
OEA (Operador Económico Autorizado) is a certification program in Mexico that provides benefits to companies engaged in international trade. The program is designed to simplify and expedite customs procedures, reduce costs, and enhance security.
C-TPAT (Customs-Trade Partnership Against Terrorism) is a U.S. Customs and Border Protection (CBP) program that aims to enhance supply chain security and facilitate the movement of goods into the United States.
To obtain OEA and C-TPAT certification, the following are the most important steps:
Assessment: Companies must undergo an assessment to determine their eligibility for the programs. This may involve providing information about their business operations, security practices, and supply chain management.
Implementation of security measures: Companies must implement security measures in line with the requirements of OEA and C-TPAT. This may involve conducting a risk assessment, developing security policies and procedures, and training employees on security best practices.
Application: Companies must submit an application for OEA and C-TPAT certification. The application must include information about the company’s operations, security measures, and supply chain management.
Audit: Companies must undergo an on-site audit to verify that their security measures are in compliance with the requirements of OEA and C-TPAT.
Certification: Upon completion of the audit, companies may be granted OEA and C-TPAT certification if they are found to be in compliance with the programs’ requirements.
It is important to note that obtaining OEA and C-TPAT certification can be a complex process, and it is advisable to seek the assistance of an experienced international trade advisor or customs broker to ensure a smooth and efficient process.
Non-Tariff regulations & restrictions
- FTA’s compliance audit/review.
- Analysis, determination and certification of origin for any FTA signed by Mexico.
- Support and representation before national and foreign authorities in terms of origin verification.
Other world trade mechanisms
- Drawback (Tax return for international trade).
- Eighth rule.
- Origin review.
Government affairs
From the perspective of a consulting firm, government affairs refers to the practice of advising clients on how to navigate and influence government policies, regulations, and decision-making processes that impact their business. The goal of government affairs consulting is to help clients achieve their business objectives by providing strategic counsel, building relationships with key decision-makers, and advocating for the client’s interests.
Consulting firms that specialize in government affairs offer a wide range of services, including:
Lobbying: Advocating for the client’s interests with government officials, agencies, and legislative bodies.
Regulatory analysis: Monitoring and analyzing the impact of government regulations and policies on the client’s business.
Public policy analysis: Providing insights on public policy issues and trends that may impact the client’s business.
Stakeholder engagement: Building and maintaining relationships with key stakeholders, including government officials, industry groups, and advocacy organizations.
Political risk assessment: Assessing the political risks associated with a client’s business activities in a particular region or market.
Government procurement: Assisting clients in navigating the government procurement process and securing contracts.
In order to effectively provide government affairs services, consulting firms must have a deep understanding of the political and regulatory landscape and a network of relationships with key decision-makers. They must also have a thorough understanding of the client’s business and its objectives, in order to develop strategies that are tailored to meet the client’s specific needs.
- Support and representation in the response and follow-up of requests and audits by the authorities.
- Binding ruling.
- Resolutions.
- Support in PAMAS and PACOS.
Other services
- Specialized training programs.
- World trade and customs procedure manuals.
Customs Clearance
Customs clearance in Mexico refers to the process of obtaining authorization from Mexican customs authorities to import or export goods into or from Mexico. The process involves various steps including:
Documentation: The importer or exporter must provide all required documentation such as invoices, bills of lading, packing lists, and other relevant trade documents.
Classification of goods: The goods being imported or exported must be classified according to Mexican customs regulations. This involves determining the correct HS code and tariff classification of the goods.
Payment of duties and taxes: If the goods being imported or exported are subject to duties and taxes, the importer or exporter must pay these fees to Mexican customs.
Physical inspection: Mexican customs authorities may conduct a physical inspection of the goods to verify their quantity and quality and to ensure that they comply with all regulations.
Release of goods: Upon completion of the customs clearance process, Mexican customs will release the goods and allow them to be imported or exported.
It is important to note that customs clearance in Mexico can be a complex process, and it is advisable to seek the assistance of an experienced international trade advisor or customs broker to ensure a smooth and efficient process.
International cargo movement
International cargo movement refers to the transportation of goods across international borders. It is an essential aspect of international trade, as it allows companies to move their goods to different countries to meet the demand for their products.
The importance of international cargo movement for a company with international activities can be explained as follows:
Increased market reach: By being able to move goods to different countries, companies can expand their customer base and reach new markets.
Improved competitiveness: The ability to move goods efficiently and cost-effectively can give companies a competitive advantage in the international market.
Access to raw materials: Companies can import raw materials from different countries to produce their goods, which can be more cost-effective than sourcing materials locally.
The most important stages of international logistics are:
Planning and preparation: This stage involves determining the scope of the logistics operation, identifying the resources needed, and developing a plan for the transportation of goods.
Transportation: This stage involves the physical movement of goods from one location to another, which may involve multiple modes of transportation such as air, sea, or land.
Customs clearance: This stage involves obtaining authorization from customs authorities to import or export goods, which may involve paying duties and taxes, providing documentation, and undergoing inspections.
Storage and distribution: This stage involves storing goods in transit and delivering them to their final destination.
Monitoring and control: This stage involves monitoring the entire logistics operation and ensuring that everything is going according to plan. It may also involve adjusting the plan as needed to address any issues that arise.
LEGAL SERVICES
Legal audit
Legal audit is of crucial importance for legal entities, as it serves to prevent any legal issues that may arise in corporate, tax, civil, commercial, labor, and other related matters. In other words, the ultimate goal of a legal audit is to analyze, prevent, and resolve any disputes that may arise in the legal sphere of legal entities, including those related to their formation, liquidation, spin-off or merger, as well as the expenses involved in such disputes.
To perform a legal audit, a law firm would request all necessary documentation and information from the legal entity in question to review, study, and analyze all contractual commitments acquired by the company, and subsequently take necessary actions to regularize any issues found.
Corporate
- Constitution, merger, spin-off, dissolution, liquidation and acquisition of commercial companies, including acting as secretary in Boards of Directors, procedures related to Shareholders’ Meetings, Board Meetings and related matters.
- Preparation of letters of intent, contracts and agreements between shareholders, bylaws, articles of incorporation, constitution before a Notary Public of all kinds of commercial companies, conversions of companies and civil associations and attention to your corporate needs.
- Restructuring of companies and corporate groups, including companies of the so-called “Holding” or share holders, commercial, service and real estate companies and other types of companies for ease of management and other purposes.
- Opening and safeguarding of corporate books of commercial and civil companies, as well as their file control and the transcription of minutes and corresponding annotations.
- Processing and obtaining permits and authorizations from government entities, for the organization, registration and operation of companies and associations.
- Reorganization and transformation of companies;
- Modifications of any kind to the bylaws.
Study and analysis of legal problems that arise in different types of companies and associations and preparation of all kinds of civil and commercial contracts. - Study and resolution of problems related to the issuance of unsecured and mortgage obligations and all kinds of bonds and securities, as well as their placement, reimbursement, payments and raffles for their amortization.
- Processing before the National Banking and Securities Commission of the registration of shares in the Mexican Stock Exchange.
- Legal consultancy for all types of legal, banking and financial operations, as well as the study and preparation of financing contracts, lines of credit, spare parts, qualification and provision, etc.
- Advice to companies in renegotiating their debts in foreign currency with foreign financial institutions.
- Elaboration of the necessary contracts to achieve said purpose.
Drafting, analysis and negotiation of all types of contracts, both civil and commercial in nature. Including the drafting of atypical contracts and advice on their legal effects contemplated in the Codes.
- Preparation of queries and management of all the necessary procedures for the establishment and operation of foreign companies in Mexican territory, opening of branches, new establishments and representative offices without income. Start of new product lines and new fields of activity.
- Preparation and filing of foreign business applications to be submitted to the Ministry of Commerce, as well as the Ministry of Foreign Affairs and the National Foreign Investment Commission; negotiations related to the commitments and obligations inherent to foreign investment in accordance with the Foreign Investment Law and its Regulations; notification and notice services relating to annual report and registration requirements;
- Assistance with registration procedures and requirements.
Management of all the necessary procedures before the National Commission of Foreign Investments. - Registration and processing of authorizations for the opening of representative offices of financial institutions abroad, before the Ministry of Finance and Public Credit, Banco de México, and the National Banking and Securities Commission.
- The negotiation and preparation of all kinds of agreements, contracts, civil or commercial operations that are directly or indirectly related to the promotion, development and commercialization of real estate, tourist, commercial and urban centers.
- By way of example but not limitation, the acts and contracts that could be derived from the previous point are the following:
Promise contracts.
Buy and sell.
Lease.
Construction site:
Raised Price.
By Administration.
Unit prices.
- Advice and processing of permits for land use, work permits and negotiations with unions for the signing of collective bargaining agreements.
- Tax advice to determine the way in which the tax on transfer of domain and income tax is caused, if applicable.
- Advice, preparation and negotiation of credit agreements, and where appropriate, the realization of trusts that are required.
- The elaboration of the contracts that are required for the commercialization of the real estate, tourist, commercial and urban centers.
- The advice and preparation of the Condominium Property Regime, and its Regulations and the preparation of the calls for the celebration of the condominium assemblies, as well as the preparation of the same.
- The negotiation of the contracts that are required for the maintenance of the properties.
General advice for the adequate protection of industrial property, through Invention Patents, Utility Models, Industrial Models, Trademarks, Commercial Notices, Trade Names, Denominations of Origin and other figures included within the concept of industrial property, as well as the defense of these rights through associated firms specialized in the matter.
Negotiation, preparation, preparation and registration with the corresponding public agencies, of all types of technical assistance contracts, licenses for the use and exploitation of patents and trademarks, supply of technical knowledge, advisory services and administration and operation of companies, contracts franchise, etc., through associated offices specialized in the matter.
- Trademark background investigation.
- Analysis to determine if a brand is really protected or simply registered.
- Advice regarding the best way to protect a sign or denomination for products or services.
- Preparation and processing of trademark registration applications, verification of use, renewals and transfers of rights, use licences, name changes of the trademark owner, etc.
- Advice regarding the correct use of registered trademarks.
- Protection of trademarks abroad, in relation to trademarks that are to be exported.
- Preparation of contracts for the assignment and sale of trademark rights, license contracts for their use, franchises and know-how.
Trademarks depending on the modalities that for this type of figure establishes the corresponding Law.
General advice for the adequate protection of copyright, such as artistic, literary, musical, sculptural, graphic works, computer programs and other figures included within the concept of copyright, and the defense of these rights through associated firms subject matter specialists.
Migratory
Admissions, issuance and replacement of immigration documents for non-immigrants, immigrants and immigrants, changes in quality and immigration characteristics, obtaining the national registry of foreigners, expansion of activities, changes of address and employer, extensions and endorsements, exit and return permits when the immigration document is in some immigration process, obtaining official letters of final departure, authorizations to marry a Mexican, certifications to process divorce or marriage annulment before the judicial or administrative authority, before the Secretary of the Interior through the National Institute of Population.
TAX SERVICES
Support services for physical and legal persons, in order to fully comply with tax obligations.
Derived from the current complexity and constant reforms in tax matters, our organization offers you advice and permanent support in tax matters.
Some of our main services are the following:
- General tax advisory.
- Support for compliance with tax obligations.
- Tax internal audit.
- Tax returns.
- Design, implementation and reengineering of operating structures.
- Planning and tax intelligence.
- Opinions on the sale of shares.
- Mergers and acquisitions.
- Simplified regimen.
- Negotiation with authorities.
TRANSFER PRICING
- Support and advice regarding the compliance with transfer pricing obligations.
- Documentation studies, as well as transfer pricing planning.
- Advance Price Resolutions (APA).
- Maquiladora Industry, including the analysis and determination of the most appropriate option to comply with transfer pricing requirements.
- Assessment in relation to the situation of the taxpayer in terms of transfer pricing.
- Support and representation in audits by the corresponding Authorities.
- Support regarding the resolution of controversies, including competent authority, derived from tax treaties entered into by the Federal Government.
- Determination of corporate transfer pricing policies.
- Preparation of the annexes and questionnaire of the Fiscal Report on transfer pricing.
- Support in the preparation of the informative declaration of operations with related parties residing abroad.
- Study and development of operating structures between related parties.
