February 1st, 2023
On February 17, 2023, the Agreement that establishes the goods whose importation is subject to regulation by the Ministry of Labor and Social Welfare (hereinafter the “Agreement”) was published in the Official Gazette of the Federation, which represents an effort by the Mexican government to comply with one of its many obligations under the Treaty between the United Mexican States, the United States of America and Canada (hereinafter the “T-MEC”) by implementing a system of prohibition against forced or compulsory labor.
The main objective of the Agreement is to prevent the importation into national territory of goods produced in whole or in part by forced or compulsory labor, including forced or compulsory child labor.
As a result, all individuals and legal entities that wish to import goods into Mexico will be required to prove that the goods classified in any of the tariff items of the Tariff of the Law of General Import and Export Taxes, contemplated in the Agreement, were not produced through the use of forced or compulsory labor.
Once the Agreement enters into force on May 18, 2023, the only merchandise that may be imported into Mexican territory will be that for which there is no resolution issued by the Ministry of Labor and Social Welfare (hereinafter the “STPS”) that establishes that forced or compulsory labor was used to produce it.
It is important to point out that, as of this date, the STPS has not disclosed the procedure to be followed by individuals or companies to evidence that the goods to be imported have not been produced under any of the assumptions established in the Agreement, for which reason it is necessary that individuals and companies that intend to import goods into Mexican territory act with extreme caution in order to avoid any penalty that may be applicable.
Therefore, Bravo Abogados is at your disposal to answer any questions regarding the significance and scope of the Agreement.
Thank you for your confidence in Bravo Abogados and we remain at your disposal.
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