New Certified Company Program (NEEC) Reinforcing Supply Chain Security in Mexico NEEC Profile October, 2012
Program Content Certified Company and New Certified Company Program (NEEC) Background General Requirements Objective NEEC Benefits Filing and Certification Procedure Current Position on C-TPAT Companies 2 New Certified Company Program
Background As a result of 9/11 attacks, USA implements C-TPAT program In June 2005, the members of the WCO adopted SAFE Framework of standards to secure and facilitate global trade by unanimous acclamation. (Mexico Included) SAFE Framework bases four core elements on twin pillars of Customs-to- Customs network arrangements and Customs-to-Business partnerships. In 2009 Mexican Government begins to implement a program to ensure security standards in the international trade supply chain with the purpose of detecting and reducing high-risk consignments. AEO is an Authorized Economic Operator defined as...a party involved in the international movement of goods in whatever function that has been approved by or on behalf of a national Customs administration as complying with WCO or equivalent supply chain security standards. AEOs include inter alia manufacturers, importers, exporters, brokers, carriers, consolidators, intermediaries, ports, airports, terminal operators, integrated operators, warehouses, distributors. 3 New Certified Company Program
Background Other countries have initiated Customs-to-Business partnerships with AEO s through corresponding programs: USA: C-TPAT (2002) Canada: PIP (2002) New Zealand: SES (2004) Jordan: Golden List (2005) Japan: AEO (2006) Argentina: SAOC (2006) Singapore: STP (2007) EU: AEO (2007) China: Classified Management of Enterprises (2008) Korea: AEO (2009) Norway: AEO (2009) Guatemala: AEO (2009) Costa Rica: AEO (2010) 4 New Certified Company Program
Background In 2002 Mexican Customs launched a program called Certified Company (CC) designed to provide trade benefits to reliable companies meeting specific import requirements and company characteristics. In December 2011 Mexican Customs published its New Certified Company Program (NEEC) as part of the agreement adopted through the WCO in establishing a Customs-to- Business partnership program. Therefore NEEC is a voluntary program designed to strengthen the international trade supply chain established between Mexican Customs and the private sector. Benefits are granted to companies meeting such minimum security standards. Mexico began through manufacturing companies and began integrating transportation companies, and other AEO s. 5 New Certified Company Program
Background Differentiate between Certified Company (CC) and NEEC. CC original qualifying requirements: A. import value amount, B. IMMEX companies importing certain value amount, C. IMMEX companies importing below the value amount, E. Transportation companies such as FedEx, UPS, others. CC companies originally had up to 48 benefits In 2012 NEEC is added to the qualifying requirements as a new section and Mexican Customs reassigned the 48 benefits: a) For CC under letter A and E 5 benefits, b) For CC under letter B, C 11 benefits and NEEC 48 benefits. 6 New Certified Company Program
General Requirements CC Filing Requirements Submit a written letter requesting incorporation into CC program signaling: Complete name and customs broker license number of the authorized broker Transportation companies who the company will be working with, including name, address and tax payer s ID number (RFC) PROSE and IMMEX companies must indicate their registration number Main activity of the Company Attached to the letter companies must present: Certified Copy of the articles of incorporation and modifications related to the social object of the company Certified copy of the power of attorney of the legal representative signing the petition documents Proof of payment of the corresponding fees for the filing Positive outcome opinion regarding the fiscal years open for revision (5 years) Proof of financial statement presentation before corresponding authorities, regarding the last fiscal year obligated to file 7 New Certified Company Program
General Requirements NEEC filing requirements Proper request form for NEEC program with company s general information and proper representation. Positive opinion regarding compliance with current tax obligations. Proper compliance with the document named perfil de la empresa (company profile) * Each taxpayer s ID number (RFC) must file a single request form. Even companies with the same RFC having different facilities need to file one profile per facility. 8 New Certified Company Program
General Requirements Mexican Customs will make sure: The requesting company has performed customs operations for the past 3 years The company has the corresponding digital invoicing system The company complies with its company profile as indicated *If a company is denied before the inspection visit it will be able to submit the filing again 6 months after and if it is denied after the visit the waiting time will be 2 years. *Mexican Customs will issue final result within 40 days after completing the process. 9 New Certified Company Program
Objective Strengthening the security of the trade logistics chain through the implementation of minimum standards for safety, internationally recognized in coordination with the private sector providing benefits for companies that wish to participate. Companies wishing to belong to the NEEC must meet certain requirements, which can be grouped into three principles of compliance: Tax, Customs and Security The company must comply with the minimum standards: Security planning in the supply chain Physical security. Physical access control. Commercial partners. Process security. Customs management. Safety of trucks, containers, trailers and / or tows. Personnel safety (HR). Information and documents security. Security training and awareness Incident management and investigation. 10 New Certified Company Program
Security Standards Standard Security planning in the supply chain Physical Security Physical access control Description The company must develop policies and documented procedures to conduct an analysis to identify risks and weaknesses in their supply chain in order to establish strategies to help mitigate them. The company must have mechanisms in place to detect, prevent or discover the entrance of unauthorized persons to the facility. All sensitive areas of the company require physical barriers, control elements and deterrence against unauthorized entry. The company must have mechanisms or procedures to control entry of employees and visitors, and protect company assets. Access controls must include the identification of employees, visitors and vendors at all points of entry. Commercial partners The company must have written and verifiable processes for the selection and recruitment of commercial partners (carriers, manufacturers, vendors, suppliers of parts and raw materials, and service providers) and demand them to comply with established security measures according to their risk analysis. Process security The company must establish control measures to ensure the integrity and safety of goods during transportation, handling, customs clearance and storage of cargo along the supply chain. 11 New Certified Company Program
Security Standards Standard Customs management Description The company must have documented procedures in which operating and internal policies are established as well as necessary controls for proper compliance with customs requirements. Also have specialized personnel and documented procedures to verify the information and documentation generated by the broker or, if applicable, the processes performed by the customs agent. Safety of trucks, containers, trailers and / or tows. The company must keep the safety in transportation, containers, railcars, tows and trailers to protect them from introduction of unauthorized people or materials. A high security seal for all containers and trailers in shipments of foreign trade must be considered and meet or exceed the ISO 17712 standard for high security seals. Personnel Safety (HR) The company must have documented procedures for recording and evaluation of individuals seeking employment within the company and establish methods to perform periodic evaluations of actual employees. The company requires training programs for staff, to publicize the security policies of the company, and the consequences and actions that will be taken in case of any failure. 12 New Certified Company Program
Security Standards Standard Information and documents security Description The company must establish preventive measures to maintain the confidentiality and integrity of information and documentation generated by the systems, including those used to exchange information with others in the supply chain. Also, policies that include measures against misuse. Security training and awareness. There must be an established plan maintained by security personnel to recognize and foster awareness of terrorists and smugglers threats at each point in the supply chain. Employees should know the procedures established by the company to address a situation and how to report it. An additional training should be provided to the employees in the areas of shipping and receiving, including those receiving and opening mail. Incident management and investigation. It is necessary to document procedures to investigate and report incidents in the supply chain and the actions to be taken to prevent recurrence. 13 New Certified Company Program
Implementation (company) Follow-up Audit Project Approach Phase I *Phase II Assessment Analysis Building Filing During this stage you must undertake the process and documental support assessment required in order to obtain NEEC certification During this phase you must analyze the company s current documentation and determine a gap breach that will allow us to clearly identify the course of action needed to support the company in achieving its new standard of compliance. During this stage we consider there are different levels of work, through which you and an external consultant could participate in various levels of involvement to better suit your company s needs and resources. The objective of this phase is to document process, design and document procedures. This phase of the project consists on preparing all paperwork required to file the NEEC certification petition, submitting such request before corresponding authorities in Mexico city, coordinating any activities that follow, such as certification visit from customs officials and any other follow up action required until we obtain the final response. 14 New Scheme of Certified Companies
Building phase Phase I Assessment Analysis Building Filing The three different scopes of services during the Building phase, are related to the level of involvement required. I.GAP Analysis and recommendations External consultant provides all recommendations based on the analysis performed during stages 1 and 2, in order to the company to assign a project leader responsible for executing our recommendations, which will basically consist in documenting process and procedures. II. Supervision and Evaluation Under this format the company assigns a project leader who is responsible for documenting all process and procedures recommended by the external, accordingly with findings of stages 1 and 2. Follow up with the project leader in reviewing the carried out work and performing a quality assurance interview, in order to validate that the NEEC profile required standards have been met. III. Procedures Design and Documentation Under this format the external would be responsible for carrying out the complete project, which is parting from the analysis made during stages 1 and 2, we would follow up by generating the corresponding documents and flowcharts to support all process and procedures required to meet the NEEC standards. 15 New Scheme of Certified Companies
Deliverables Phase I Assessment Analysis Building Filing The deliverable for this stage must consist of a list of all currently documented procedures and process and a comparison list matched with those required by NEEC program. The deliverable for this stage should be a chart with the identified gap and we are going to provide recommendations to fill in the gap resulting from the fore mentioned comparison. Regardless of the format in which the company prefers to work under during this stage, the deliverable should result in documented procedures and process in the form of flow charts, that supports proper compliance with the minimum NEEC security standards as indicated in the profile. The deliverable intended for this stage is to obtain the original stamped filing documents and the official response issued by the authorities through an official written letter, stating a positive or negative response.. 16 New Scheme of Certified Companies
CC Benefits I. Electronic and electric industry companies may import without specifying make, model and serial number on importing items for custom clearance purposes. II. III. IV. Avoid presenting certain documents for pre-validation procedure Less requirements to approve an in house customs broker Pedimento modification up to three times once the automatic selection mechanism has been activated (red/green light) V. Up to 60 days to comply with non tariff restrictions and regulations when identified by the authorities, instead of merchandise seizure. 17 New Certified Company Program
IMMEX CC Benefits Previous 5 plus I. IMMEX companies approved under the service category will be allowed to change from temporary to definitive all temporarily imported parts and materials for sale and destination to the automotive industry. II. Less information requirements when filing the sub-maquila notification for merchandise transfer (exclude pedimento, date and industrial process specifications) III. For IMMEX companies building yachts, boats or sail boats for 4.5mts or longer mast will be allowed to deliver such goods in Mexico to foreign residents without IVA tax. IV. IMMEX companies and non IMMEX companies of the same group will be able to request a single or different in house customs broker for customs operations. V. Temporary import of materials, parts and components destined for production process or a permitted service activity will be able to stay in Mexico for 36 months instead of 18. VI. Auto-part industry companies will be able to register the parts sold to the automotive industry using the data in the sales invoice instead of pedimeto data, as long as all duties have been properly paid previous to sale in such pedimento. VII. Electronic and electric industry companies may import without specifying make, model and serial number on importing items for custom clearance purposes this is only for Shelter IMMEX companies. 18 New Certified Company Program
NEEC Certified Benefits Previous 12 plus Perform rectifications in their import operation three months after of its original import date. Perform rectification in quantities, values, among others fields during the following 30 days of its original import date. This benefit it not applicable for virtual operations. Possibility to perform a Regularization process during an audit from the customs authorities. Import and Export operations using Express lanes. Not all cancelation causes for Importer s license will apply. Virtual transfers (V5) for sales between IMMEX company and Mexican companies without IMMEX program. Perform Change of Regimen that covers more than one temporary import pedimento PROSEC benefits to its Change of Regimen of fixed assets. Possibility to document items presented to customs without proper documentation within a 10 day period. 19 New Certified Company Program
NEEC Certified Benefits Previous 12 plus NAFTA Article 303 duty obligations for labels, brochures and manuals will not be applicable. Administrative benefits for declaring the correct PROSEC when importing an items used in two different industrial sectors. PROSEC duty rate will apply to the transfer of non-origin items transferred between one IMMEX company to another. If a shipment destined to an IMMEX company contains items that are not included in their productive process and not approved within their IMMEX program they will have 3 days to return the items back if detected during customs clearance and may return them when identified by them as long as they are not within an official audit process on site. 303 NAFTA compliance for duty payment obligations may be done through a single monthly consolidated document that must be completed within 60 days after first import operation. Consolidated document can be filed to convert from temporary to definitive materials used in production process imported through different import documents. Other administrative benefits provided by IMMEX program regulations 20 New Certified Company Program
Filing and Certification Procedure 7 Steps Qualification analysis Filing proper format request Meeting with company profile requirements Submitting filing documents - CC Requirements and petition - NEEC Petition Format - NEEC Company Profile - Attached documents Pre approval process - Authorities may request lacking information or documents through a 10 day period requirement Inspection visit for certification - If the authority determines inconsistency during the visit and denies the petition it s a 2 year penalty before filing again, in any other case it s 6 months. Final Approval 21 New Certified Company Program
Current C-TPAT Position C-TPAT companies have an advantage over non C-TPAT companies through documented processes and procedures. C-TPAT companies in Mexico may be exempt from the inspection visit for certification purposes, provided certain requirements. (not included on customs laws or regulations) International System for Mutual Recognition of AEO s provided by SAFE Framework should be the future of NEEC and C-TPAT 22 New Certified Company Program
Contacts Arturo Bautista abautista@deloittemx.com +52 (664) 622 7844 Manuel Muñiz manuelmuniz@deloittemx.com +52 (664) 622 7969 www.deloitte.com/mx/borderlink Link.in/PROCAF @DeloitteMX 23 New Certified Company Program
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