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23 | P a g e It is not uncommon in some international trade transactions to agree that payments are to be made by check, because there is confidence payments are made by check, because there is confidence that it will be cashed without difficulty. Individuals or companies that receive checks drawn on banks established abroad can hardly be sure whether the account backing the check exists or has sufficient funds, or whether the person signing the document is authorized to do so. For this purpose, there is a "certified check" (known in Mexico as a cashier's check), in which the bank issues a check and assures that there are funds. Money orders The interbank payment order is a funds transfer operation carried out by a local issuing bank to a foreigner, under the orders of a customer a local issuing bank makes to a foreigner, under the orders of a client (originator), who buys a "payment order", in favor of an individual or legal entity of a bank abroad (beneficiary). Spin Money orders are purchased in many places; for example, at post offices, banks, licensed financial institutions, supermarkets or branches of Western Union, MoneyGram, Telecom, etc. The user buys the money order and gives the bank or financial institution the amount of funds to be transferred, be it cash, debit card, credit cards or checks. After the payment order has been paid, it must be filled out. If you leave blank spaces, anyone can cash it, so you must be very careful. With this information, the information, the ordering bank or institution will transmit the respective message to the paying bank or institution to the respective message so that the funds can be credited to the beneficiary's account, or so that the funds can be the beneficiary's account, or for the beneficiary to come and pick up the deposit. As in the case of the bank payment order, it is advisable that the exporter does not ship the merchandise until he verifies that the funds have been received the exporter should not ship the goods until he verifies that the respective funds have been credited to his account or paid to him. Letter of credit A letter of credit is a document issued by a bank, in which it affirms its commitment to pay someone an exact amount of money on behalf of a buyer, provided the seller meets specific terms and conditions. Due to the importance and transcendence of the subject, the International Chamber of Commerce made a compilation of rules of international application, known worldwide as Uniform Customs and Practice for Documentary Credits. 24 | P a g e It should be noted that letters of credit are, by their very nature, transactions independent of the contracts on which they may be based, and banks are not affected or bound by such contracts. Consequently, it is not Consequently, it is not necessary to cite in a letter of credit the reference to a particular contract. However, it is very important that the clauses of the contract should stipulate terms and conditions agreed upon by the contracting parties for the operation of the credit. operation of the credit. International Contracts A contract is an agreement of wills between two or more parties, which generates rights and obligations. rights and obligations. An international contract exists when one or more individuals or legal entities are domiciled in different countries. There are several types of contracts involving different international trade activities, such as: - Promise to buy or promise to sell, which are preparatory instruments to the purchase- sale the purchase and sale transaction, which intend to generate the obligation of a party to buy or sell a party to buy or sell a certain good or goods, characterized and defined, at a certain price. - Of sale and purchase, which is intended to be a single transaction. - Of supply (modality of the contract of sale), which may include repeated deliveries of a product, under a single contract. - Distribution, commission, or commercial agency. - License for the use or exploitation of a specific trademark or technology. - Services rendered. - Export franchise. To regulate the contract for the international sale of goods, the United Nations Convention on Contracts for the International Sale of Goods was adopted in 1980 of International Sale of Goods in the city of Vienna, Austria, which is why it is called the 1989 Vienna Convention. Mexico is a party to this international convention. The main objective of the Vienna Convention is to establish generally accepted principles governing the generally accepted principles governing commercial negotiations in respect of the international sale of goods. Before entering an international commercial transaction, the parties must negotiate the terms and conditions contained in a contract and put them in writing, since it is important 25 | P a g e to consider that there are very important and far-reaching clauses that are not mentioned in other documents, such as a contract of sale. It is important to consider that there are clauses of great importance and significance that are not mentioned in other documents, such as a firm order, letters of credit, among other documents. It should be considered that the international contract is the formal and legal document that will govern the entire commercial operation step by step, in addition to the aspects related to the subject matter of the contract, the price of the goods, etc.; likewise, other aspects may be included, such as the logistics of the operations, marketing channels, promotion mechanisms and international dispute resolution. The following are some of the basic required clauses: - Object. - Price. - Method of payment. - Packaging and packing. - Delivery of goods. - Product liability. - Patents and trademarks. - Taxes. - Assignment of rights and obligations. - Arbitration clause. INTERNET LINKS AND OTHER RESOURCES OF INTEREST - Tariff of the Law of General Taxes on Imports and Exports Harmonized System codes and Mexican tariff items - National Institute of Statistics and Geography (INEGI) Correlation between Harmonized System codes and the North American Industrial North American Industrial Classification System - Mexican Institute of Industrial Property (IMPI) Protection of intellectual and industrial property rights - Confederation of Customs Brokers Associations of the Mexican Republic (CAAAREM). http://www.siicex-caaarem.org.mx/Bases/TIGIE2007.nsf/TarifaW?OpenView&Start=1&Count=30&Collapse=1#1 https://www.inegi.org.mx/app/tigie/ https://www.inegi.org.mx/app/tigie/ https://www.gob.mx/impi/ 26 | P a g e Customs Brokers Contact - Single Window (VUCEM) - Tariff Information System via Internet of the Ministry of Economy (SIAVI) Mexico's Foreign Trade Indicators Tool - Export-related formalities Generalized System of Tariff Preferences Phytosanitary Certificates Sanitary Certificates CITES export certificate - Mexican Business Information System (SIEM) Registration of employers to SIEM - Digital Directory of Exporters UIEG-SE Registration form in the Digital Directory of Exporters - Made in Mexico Brand Trademark registration "MADE IN MEXICO" - National Insurance and Finance Commission Registered insurers - Cesce México, S.A. de C.V. Prolonged Delinquency Insurance - Mexico International Chamber of Commerce (ICC) INCOTERMS Rules - National Foreign Trade Information Service (SNICE) Portal for consultation of information of the Government of the Republic related to Foreign Trade OF EXTERNAL ORGANIZATIONS - Observatory of Economic Complexity https://www.caaarem.mx/directorio/ https://www.ventanillaunica.gob.mx/vucem/index.html http://www.economia-snci.gob.mx/ https://www.gob.mx/tramites/ficha/registro-de-productos-elegibles-para-preferencias-arancelarias-para-la-obtencion-de-certificados-de-origen-para-el-sistema-generalizado-de-preferencias-sgp-para-comercializadores/SE1249 https://www.gob.mx/senasica/acciones-y-programas/certificado-fitosanitario-internacional-164333https://www.gob.mx/tramites/ficha/certificado-exclusivo-para-exportacion/COFEPRIS3993 https://www.gob.mx/tramites/ficha/autorizacion-permiso-o-certificado-de-importacion-exportacion-o-reexportacion-de-ejemplares-partes-y-derivados-de-la-vida-silvestre/SEMARNAT426 https://siem.economia.gob.mx/ https://docs.google.com/forms/d/e/1FAIpQLSd95Ur6e7Oqv0Db59ocUTEXAd689djvNtZMT4kwzORSN837gw/viewform https://www.gob.mx/hechoenmexico https://www.gob.mx/cnsf https://primeraexportacion.com/documentos-tecnicos/seguro-de-credito-a-la-exportacion/#:~:text=Los%20plazos%20de%20cobertura%20tienen%20que%20ver%20con,documentado%20el%20cr%C3%A9dito.%20El%20porcentaje%20de%20cobertura%20abarca%3A https://vicentferrer.com/incoterms/ https://www.snice.gob.mx/AdminSNICE/faces/oracle/webcenter/portalapp/pages/paginasPublicas/publicHome.jspx;jsessionid=SCg1jx2CPBSLRLvBhn1V1n2MThsnRNPNhCXQhGjHwQYSYyGVZJhk!497507894?_afrLoop=21670470479755609&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D21670470479755609%26_afrWindowMode%3D0%26_adf.ctrl-state%3D1cx83fqf14_4 https://www.snice.gob.mx/AdminSNICE/faces/oracle/webcenter/portalapp/pages/paginasPublicas/publicHome.jspx;jsessionid=SCg1jx2CPBSLRLvBhn1V1n2MThsnRNPNhCXQhGjHwQYSYyGVZJhk!497507894?_afrLoop=21670470479755609&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D21670470479755609%26_afrWindowMode%3D0%26_adf.ctrl-state%3D1cx83fqf14_4 27 | P a g e Interactive visualization of trade between Mexico and other countries by product and industry - Export Potential Map Determine the specific countries to which the International Trade Center's algorithm determines that Mexico has an export opportunity for each individual product - Trade Map World trade indicators - Market Price Information - UN COMTRADE Foreign Trade Indicators - ePing of WTO, ITC and United Nations Sanitary or phytosanitary measures (SPS) or technical barriers to trade (TBT) under WTO framework EXPORT PROMOTION AND SUPPORT PROGRAMS FOR MEXICAN COMPANIES The Manufacturing, Maquiladora and Export Services Industry (IMMEX) Program Link for more information: https://www.snice.gob.mx/cs/avi/snice/programasdefom.immex.html Link for Manuals, Infographics and Standard: https://www.snice.gob.mx/cs/avi/snice/g_immex.html The IMMEX Program is an instrument to promote exports that may be used by companies that temporarily import merchandise and carry out an industrial or service process for manufacturing, transformation or repair and/or the rendering of export services, deferring the payment of the General Import Tax, the Value Added Tax and, if applicable, the countervailing duties. Benefits The IMMEX Program offers its holders the possibility of importing goods under a temporary regime, deferring the payment of the general import tax, the value added tax and, if https://oec.world/en/ https://oec.world/en/ https://exportpotential.intracen.org/es/ https://exportpotential.intracen.org/es/ https://exportpotential.intracen.org/es/ https://www.trademap.org/Index.aspx?AspxAutoDetectCookieSupport=1 https://mpi.intracen.org/home https://comtradeplus.un.org/ https://epingalert.org/ https://epingalert.org/ https://www.snice.gob.mx/cs/avi/snice/programasdefom.immex.html https://www.snice.gob.mx/cs/avi/snice/g_immex.html 28 | P a g e applicable, the countervailing duties, as long as they carry out an industrial or service process intended for the manufacturing, transformation or repair and/or the rendering of export services. Entities eligible to obtain an IMMEX Program The producing legal entities residing in Mexican territory and/or export service providers that comply with the requirements of the program. Sensitive Products Sensitive products are those temporary import goods listed in Annex II of the IMMEX Decree and Annex 3.3.2 of the Agreement of rules of the Ministry of Economy. Sensitive products are the following: • Sugar • Steel products • Textile and apparel • Aluminum • Iron ores • Tobacco • Tires Regulations The IMMEX program is based on the Decree for the promotion of the manufacturing, maquiladora and export services industry, published in the Official Gazette of the Federation on November 1, 2006, and its multiple amendments. Its legal framework is: • Agreement by which the Ministry of Economy issues rules and criteria of a general nature in matters of Foreign Trade, • Agreement by which the formalities registered in the Federal Registry of Formalities and Services that apply to the Ministry of Economy, and the decentralized agencies and deconcentrated bodies of the sector are disclosed, • Fiscal Code of the Federation, • Decree by which administrative facilities are granted in customs and foreign trade matters, • Customs Law, • Federal Law of Administrative Procedure, • General Rules on Foreign Trade Matters of the SAT, • Regulations of the Customs Law, • RESOLUTION that establishes the General Rules related to the application of the customs provisions of the T-MEC and its annexes, • Treaty between Mexico, the United States and Canada (T-MEC). Beneficiary Information
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