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Amendments to the Maquiladora/IMMEX Decree

January 21, 2011

On December 24, 2010, the Mexican Government published in the Official Federal Gazette amendments to the Maquiladora/IMMEX Decree.  The changes include both changes designed to streamline administrative burdens of the IMMEX program and those related to the tax status of the IMMEX company.

The administrative changes will become effective on March 24, 2011, while the tax-related changes were effective on January 1, 2011.  The changes also harmonize some of the provisions of the IMMEX decree with the Mexican "General Foreign Trade Rules" (Reglas de Carácter General en Materia de Comercio Exterior), eliminating a source of legal confusion.

Major Amendments

Administrative Changes:

Certain other administrative changes benefit only "certified" companies.

Tax-Related Changes:

*This restriction does not apply to IMMEX companies in existence prior to Dec. 31, 2009 if the company was using safe harbor or transfer pricing rules.

Grandfather Clause: The above amendments do not apply to Maquila/IMMEX operations that were in existence and compliant with all requirements as of December 31, 2010. 

Repeal of Rules

The following major rules are repealed: