G/LIC/N/3/MEX/5  
20 October  2016 
(16-5720) Page: 1/5 
Committee on Import Licensing  Original:  Spanish  
 
  REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1 
NOTIFICATION UNDER  ARTICLE 7.3 OF THE AGREEMENT ON  
IMPORT LICENSING PROCEDURES (2016)  
MEXICO 
The following communication, dated 1 8 October  2016, is being circulated at the request of the 
delegation o f Mexico.  
 
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Outline of systems  
1. The import licensing system (prior permit and/or automatic noti ce) in Mexico rests on the 
premise that imports into the country are exempt from this requirement except for those products 
which are subject to prior import licensing (prior permit and/or automatic noti ce) by decision of 
the Ministry of the Economy  (SE). In Mexico, the import licensing procedure (prior permit and/or 
automatic noti ce) is based on the Foreign Trade Law and its Implementing Regula tions as well as 
the Ministry of the Economy's decision issuing general rules and criteria in respect of foreign trade.  
 
The products subject to Mexico's import licensing system, identified by tariff heading, are 
published in the ministerial decision s issued by the SE and published in the Diario Oficial de la 
Federación  (DOF), the official national journal of the Government of Mexico.  
 
The import licensing system is administered by the SE . Licence  proposals  are put to the 
consideration of the SE's Foreign T rade Commission (COCEX), which acts as a consultative body to 
all entities of the Federal Public Administration in matters concerning trade policy formulation . 
The COCEX issues opinions and recommendations on these matters, and may hold consultations 
with the interested parties.  
 
In order to ensure that the impact of the regulation containing the import licensing requirement is 
properly  identified and that its  social benefits and costs can be verified, each import licence is 
subjected to the regulatory impr ovement process in the Federal Commission on Regulatory 
Improvement (COFEMER) . This process involves an ex ante  analysis of the regulation in question, 
backed up by  a public consultation which gives it  considerable value added, since each measure 
that each  proposed regulation aims to introduce must be justified and its impact assessed.  
 
Import licensing procedures are applied in an impartial, transparent and expedit ious manner, and 
are administered fairly.  
 
Purpose s and coverage of licensing  
2. Non-automati c import licensing (prior pe rmit) and automatic import not ice. 
 
3. The import licensing system  is applied to products from all countries on a most -favoured -nation 
basis, except where licences are administered in accordance with preferential agreements.  
 
                                                
1 See document G/LIC/3, Annex, for the questionnaire.  G/LIC/N/3/MEX/5  
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  4. The non -automatic licensing (prior permit) regime is used by the Mexican Government to 
regulate trade in specific products , to protect consumers, public health and the environment , and 
to regulate trade in products in accordance with the provisions of the  international treaties and 
agreements to which Mexico is a party.  
 
According to  Article 21 of the Regulations to the Foreign Trade Law, the automatic import notice  
should be seen as an automatic licensing requirement to which the Ministry of the Economy m ay 
subject imports of goods for the purposes of maintaining a register of foreign trade operations , 
provided there is no alternative  administrative procedure that would enable  such operations to be 
monitored and controlled  in a more flexible manner.  
 
5. The Government of Mexico's import licensing system rests on the following legal basis:  
 
i. The Foreign Trade Law (Title IV, Chapter II, Section I, Article 20 and Section II, 
Articles 21 and 22);  
ii. The Implementing Regulations to the Foreign Trade Law (Title III, Chapter II);  
iii. Decision of  the Ministry of the Economy on general rules and criteria in respect of 
foreign trade, containing provisions applicable in Mexico to prior permits and 
automatic notic es. The tariff headings subject to licens ing are published in 
the Official Journal (DOF) in conformity with the Foreign Trade Law, thereby ensuring 
the system 's transparency . 
In the light  of the above, prior import permits and automatic import  notices , as part of the 
legal system governing the Mexican Government foreign  trade, can be required by law.  
 
Since the Federal Executive is under obligation to ensure that the different economic entities 
involved in foreign trade conduct their activities in a climate of legal certainty and to clearly define 
the status of the diffe rent rules establishing the various foreign trade instruments and 
programmes, the SE issues ministerial decisions regulating the licensing regime applicable  
in Mexico.  
 
Procedures  
6. Information regarding the import licensing system  (prior permit and/or au tomatic noti ce), 
time-periods  for application, administrative procedures and the formalities for filing applications 
applicable to each procedure , are published by the SE in the Official Journal  (DOF) . 
 
I. To ensure that the information is made available for consultation nationwide by  any 
interested party , both in printed and electronic form, it is posted on the DOF web site 
(http://dof.gob.mx/index.php ). 
 
This allows  the governments of other countries and their tra de representatives (chambers of 
commerce) to access publications on the import licensing system  in Mexico immediately.  
 
II. Not applicable.  
 
III. Import licences (prior permit s and/or automatic notic es) approved  by the SE are allocat ed to 
all natural or le gal persons that need to carry out foreign trade operations . It should be 
noted that the SE approves all import licences for natural or legal persons that fulfil the 
administrative requirements for engaging in foreign trade operations.  
 
The elements  used t o ensure that a pproved  import licences are effectively used for the 
importation of the products indicated  in the SE's resolution  are: 
 
 import or export  customs procedures ; 
 description of the goods ; 
 condition of the goods  (new or used);  
 tariff heading;  
 quantity to be import ed or export ed; 
 unit of measurement ; 
 value of the invoice in dollars;  
 country or countries of provenance  or destination.  G/LIC/N/3/MEX/5  
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  The authorized quantities for each of the import licences that have not been utilized under  the 
authorization that was  granted  cannot be cumulated for future licence applications.  
 
Publicly available information on imports for which an import licence has been granted by the 
Mexican Government can be consulted by the general  public  or by other governments and export 
promot ion bodies in the exporting countries through the transparency portal 
(http://www.siicex.gob.mx/portalSiicex/Transparencia/Permisos/permisos.htm ). 
 
IV. The due date is  established a s of the time of publication in the DOF of a ministerial decision 
providing for the allocation  of an import licence . It is important to note that licence applications 
may be filed immediately upon entry into force of the corresponding provisi on. 
 
V. Generally  speaking , the time it takes to grant licences varies according to the type of 
licence , and ranges from 1 to 15 working days.  
 
VI. Recipients  of import licences may use them immediately upon issuance  by the SE. 
 
VII. All import licences ad ministered by the SE are granted by a single administrative body, the 
Ministry, so that the applicant only has to deal with a single focal point to obtain the licence 
in question.  
 
VIII. Applications are examined in the chronological order in which they are submitted . They are 
analysed, and approved  in accordance with the criteria established in the regulations applicable to 
each product for which an  import licen ce is required . It is important to note  that there is no 
maximum limit on the amount to be alloc ated per applicant.  
 
IX. Not applicable.  
 
X. Not applicable.  
 
XI. Not applicable.  
 
7. The Government has not set any time-limit for the submission of applications for a licence . It is 
up to the persons in question to submit their applications at such time as their schedule  of 
foreign  trade operations requires them to do so . 
 
According to the time -frame set forth  in the decision on regulations for each licence, the interested 
parties receive their approved licences once they have met the corresponding requir ements, 
regardless of whether  or not  the goods have arrived at the port without a licence.  
 
It is up to the interested parties to familiarize themselves with  the tariff and non -tariff regulations 
applicable to the goods they are importing or exporting befo re they carry out their foreign 
trade  operations.  
 
The import licence that has been approved for a certain good may be extended at the request of 
the interested party, provided that the criteria on which the original approval was based are still 
valid, tha t part of the quantity originally a pproved  is still outstanding, and that the licence has not 
expired.  The request for extension must be submitted to the Single Window for foreign trade, and 
the time-limit for reply ing is 13 working days.  
 
8. Applications for import licences must meet all of the criteria and requirements for submission . If 
an import  licence application is not duly substantiated or is incomplete, it will be refused . The 
interested party may resubmit the application once the causes of the refusal have been rectified . It 
is accepted once all of  the inconsistencies – of which the applicant is informed in advance in a 
resolution issued by the SE via the Single Window  – have been remedied.  
 
Under Articles 85 and 86 of the Federal Law on Administra tive Procedures, applicants may submit 
an appeal  for review to the Ministry of the Economy within a period of 15 days from the day 
following the entry into effect of the notification of the resolution in question . The document of 
appeal must be submitted t o the SE, and the appeal will be heard by the supervisory authority.  
 G/LIC/N/3/MEX/5  
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  In their document of appeal, the applicants must provide  the following  information : 
 
 the administrative body to which  it is addressed;  
 the name of the appellant and of the injured third party where applicable, and an 
address for notifications;  
 the measure being appealed and the date on which the appellant was notified or learned 
of the measure;  
 the grievances ; 
 where applicable, a copy of the challenged decision or measure and of the corre sponding 
notification . In the case of measures for which  there has been no decision within the 
time-limit and which are  therefore deemed to have been refused , either the written 
request for initiation of the procedure or the document on which there was no decision 
must be attached ; and 
 the evidence they are supplying that has an immediate and direct bearing on the 
challenge d decision or measure , by attaching the documents available, including those 
certifying their standing if they are acting on behalf of a nother party or of legal person s. 
Eligibility of importers to apply for licence  
9. Any natural  or legal person established in Mexico may apply for an import licence (prior permit 
and/or automatic notice) provided they meet the relevant requirements.  
 
Docum entation al and other requirements for application for licence  
10. Applicants for import licences (prior permit and/or automatic notice ) must include  the following 
information in their application:  
 
 general data concerning the applicant (for natural persons , the Single Population 
Registration Code (CURP) and complete name, and for legal persons, the business name 
and federal taxpayers' registration), telephone, email, and domicile of the applicant;  
 information concerning the product (new or used), the regime  (definitive or 
temporary  import or export), general data on the goods to be imported or exported 
(e.g. tariff heading, quantity, value in dollars, country of provenance ); 
 data concerning the legal representative or the person authorized to submit the 
application, domicile, date, place, name and signature of the applicant;  
 the form includes a section in which any prior procedure may be mentioned if 
appropriate, as well as an annex in which the applicant may enter a list of headings, 
descriptions, values, qu antities and codes . 
The following documents must be attached:  
 
 for legal persons : articles of association and amendments thereto, and the relevant 
powers of attorney;  
 natural persons : original and simple and legible copy of valid official identification, p roof 
of domicile;  
 for both of the above : legible copy of the federal taxpayers' registration  (RFC) and 
RFC code, and specific documents for each one of the products subject to the 
regulations.  
11. Once the import licence has been approved, the SE automatic ally sends all of the information 
regarding the approved import licence to the General Customs Administration, and the applicant 
may use the licence immediately, without being required to submit further information.  
 
12. Import licensing procedures are fre e: there is no administrative charge or licensing  fee. 
 
13. There are no deposit or advance payment requirements associated with a licence approval.  
 
Conditions of licensing  
14. All import licences (prior permit and/or automatic notice ) approved by the SE through a  
resolution carry a period  of validity, which takes full effect as from the time of their approval . The 
validity of import licences may be extended provided that the criteria on which the original G/LIC/N/3/MEX/5  
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  approval was based are still  valid, that part of t he quantity originally approved is still outstanding , 
and that the licence has not expired.  
 
The m aximum period of validity for non -automatic import licences (prior permit s) is one year.  
 
Automatic import notices have a maximum period of validity of four months from the date on 
which the SE issued the corresponding authorization code.  
 
15. The interested parties may utilize an import licence  in full or in part without any penalty for the 
non-utilization of the licence  or a portion of the licence . 
 
16. The SE approves import licences for applicants that fulfil the stipulated  requirements and 
criteria . Consequently , they are personal and non -transferable between  importers, since they can 
be requested by any natural or legal person without restriction.  
 
17. The issue of import licences is not subject to any quantitative condition or restriction.  
 
Other procedural requirements  
18. The importation of goods subject to an import licence (prior permit and/or automatic noti ce) is 
not subject to any administrative proc edures other than the import licensing procedures 
described  above.  
 
19. There is no relationship between the import licensing system and the foreign 
exchange  system.  
 
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