WEBVTT

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For your seven billion dollars in the
tongue you call two see it exists.

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The risk is ninety percent cinde SMEs
that generate eighty, by s give me,

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twenty minutes of your time and I, in return, will give you

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information on the most relevant issues in
foreign trade, fiscal and customs with a

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human touch and let' s make
a Truik, a podcast of maga TVs

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and Mejica Hello how such a good
afternoon welcome, let' s barter,

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as you know, is a telese
magas event in Mexico. I' m

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very happy to find you here,
to greet you, to barter. Thank

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you for being, for giving us
your time and in return, we will

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give you knowledge, experiences and much
more with a human touch. As always,

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we' re very happy to have
you around. I greet with great

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affection Dr Maximo Carvajal, not that
he is here, who always accompanies us

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to the doctor to the carballido sight
also that walks here good afternoon seen very

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happy to greet all those who connect
from different parts, said Sound Obregon.

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And well, today we have a
very special guest who I very much like

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that you accompany us today balam la
moglia, welcome, how you are welcome

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to do a good daniela barter with
the pleasure of greeting you and good afternoon

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to all. I' m very
pleased to see my dearest teacher, I

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' m his Fan, Dr Maximo
Carvajal. Nice to meet you, dear,

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doctor, thank you, thank you, Balan and I too believe that

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I am also your fan because I
am very, very proud to see what

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you know about foreign trade and how
high you have risen with your effort,

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with your ability, with your perseverance
and study. Really, you put the

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stick up for us, Doctor,
you put the bar up for us.

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I am very proud to see all
your triumphs and your progress. Thank you,

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thank you, dear doctor, well
to all who are connecting. Thank

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you very much, I' m
sorry I gave up almost six sweeping menhom

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but, well, here we are. The issue I want to take part

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in is today. It takes a
little more practice and I' m going

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to try to make a concentrate there
of the information. I do not know

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if there is any preamble before the
year because I would like to quickly present

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a summary of your looks and allow
me to do so. Thank you.

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I' m going to do it
quickly, because the truth is a very

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long look. So try to make
a summary. But good. Dr balamlan

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Mobile is a graduate of the Faculty
of Law at the Universidad Autónoma de México,

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state in the university city. He
also has postgraduate studies in taxes by

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the Universidad del Libre de Derecho post
graduate in surveys of the Instituto Tecnológico Autónoma

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de México. He obtained the diploma
of the International Tocsation Course and left by

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Harvard University with the TAM and with
master' s degree in administrative and fiscal

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law, customs law and foreign trade
law and the right of amparo and fundamental

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rights, all subject to honorary convention. It specializes in foreign trade at the

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Postgraduate Studies Unit of the Law Faculty
of UNAM and in the teaching of the

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Law of the National Bar of Lawyers. Both cats obtained as an honorary scone,

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Doctor of Law from the Pan American
University, Doctor of Customs Law from

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the University Center of Legal Studies,
both obtained with honorary mention and candidate for

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Doctor of Law from the University of
Salamanca of Spain. In addition, he

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was an adviser to Foreign Trade and
Customs by the Under- Secretary for Revenue

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of the Secretariat of the Cid and
Public Credit, as well as to the

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President of the Tax Administration Service.
Highlighting its participation in the coordination and elaboration

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of reforms to customs and foreign trade
legislation. And, well, then,

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he has also been author of various
books such as Law and prosecutorial and customs

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processing, edited by the editors Noboom
Parabration Customs, by the University Center of

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Litegiaduanero Legal Studies, to mention some
and also has liverno those publications by the

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newspaper Economist, as well as pesilitated
magazines in fiscal matters and how it is

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foreign. Excuse me for summarizing if
I don' t have a good time,

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please, the abur amirable program for
which we bore you. My Daniel,

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then, well, well, thanks
to I' m going to start

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by the subject for the time,
waiting wholeheartedly for this to serve you and

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try to give you a little introduction. Thank you so much. When in

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the years of ninety- six it
is published ninety- five ninety- six

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the new customs law is published.
Obviously, it came with all the dynamics

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of the GAD issue, with all
these important changes that came or came,

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but immediately they realized that there was
a subject that had remained a bit in

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the inkwell that, while there was
a chapter designed or determined so that or

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called the pleasant base, the truth
is that there was no dynamic, a

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protocol to try to control, attack
and, above all, try to question

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those importers whose values of their goods
were questioned, in a reasonable doubt before

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the customs authority. This situation was
already contemplated or is already contemplated in the

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value agreement. The value agreement in
Article 17 allows the customs authorities to doubt

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the value of the goods and,
from that moment on, to initiate a

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series of questions, of approaches with
the importer to try to really explain if

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the value at the customs office they
are declaring is true and obviously there is

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no issue involved with a question of
commercial fraud. But this situation was not

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reflected in the customs law. That
is to say, the customs law did

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not at that time have a legal
precepts that would allow it to attack head

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- on. It was not until
a reform in nine hundred and ninety-

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nine that two fractions were added to
article one hundred and fifty- one of

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the law that just spoke of the
precautionary seizure of goods and from there,

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in the seventh fraction, a mechanism
was created just to try to combat the

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subject of undervaluation, and this was
like the first outline that was given within

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the public administration, already with a
legal basis to be able to attack this

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question. However, there began to
be reforms or issues that went hand in

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hand to try to deal directly with
operations with valuation problems or with problems of

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their valuation or billing, as is
also known. This situation was walking in

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time, from my point of view, very slowly and was achieved even in

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the Customs Law Regulation, adding some
documents or some things that importers would have

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to prove so that at least the
customs authority would be calm and it would

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be feasible that it could provide certain
elements or certain data. I' ve

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got a presentation of a single little
Daniela leaf. I don' t know

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if they can help me share it
or put it in. It' s

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a single film, but I want
to put it on because it' s

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deliberately inverted one of the elements I
want to start sharing with you. But

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the truth is that, within the
SAT itself and within the General Customs Administration,

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an area of opportunity has already begun
to emerge, let us say so,

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an area of important control, which
began to yield certain revenues, because

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the authorities each time they determined an
administrative procedure in customs matters concerning value.

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The result is that importers were opening
up to the infringement, i e very

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few companies were actually defending or trying
to contribute more to the issue of value.

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As time went by. It became
apparent that this type of collusion was

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already common between suppliers and importers themselves, and in some cases it was found

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that importers themselves constituted companies abroad anywhere, provided that they were abroad to be

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owned by these companies, provided that
they did not appear. Let' s

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say that in the scriptures or a
subject like that as face- to-

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face partners, in such a way
that there was an almost perfect shielding for

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the subject of the foreign trade operation, because when the authorities asked the one

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who had sold, because this supplier
actually gave a c or gave a OK

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to the information. If you help
me with the psycho, just the next

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one, thank you, very bad. So what I intend with this conversation,

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which I would like us to have, is that, while it is

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true that the Authority has been determined
in recent years to control the customs value

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of the goods, so too is
it that it has begun to request documents

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and certain types of legal acts or
situations that are around the sale of the

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goods that is not fully regulated and
that, as it is not completely regulated,

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it is worth keeping in mind,
because today, these points that we

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are going to see, especially the
first five. What we are going to

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see is what a customs and tax
authority is normally asking for, at least

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so that a company can pass the
test of worth or try to bring in

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elements. What I try to explain
in this talk that we are going to

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have is those documents and those actions
that I recommend precisely in order to try

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to provide their operation and, in
case they do not have them in the

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terms in which they are suggested,
because it simply becomes a bit of a

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conscience, to open their conscience to
think that probably some of the things that

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I say might sound a little exaggerated, but that over time, not only

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as a public official that I controlled
the subject of valuation, but also as

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a company lawyer, I have realized
that the authorities are constantly asking for the

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following documents that we are going to
see. The first point I told you

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is a little invested, but I
want to deal with it deliberately is that,

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as you well know and the truth
is very curious. And well,

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who better if in a little while
my dear teacher, could give us then

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teach us a little bit about it. But it seems to me that,

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by logic, international trade has never
been based or has as a responsibility to

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subscribe to an international sales contract,
that is, the dynamism of foreign trade.

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It seems like he never made it
mandatory for them to have a contract.

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I haven' t found, honestly, maybe I need to bet well,

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but I haven' t found a
place where there is the obligation on

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the part of the buyer and the
seller and this international transaction that there is

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a contract, then this first contract
I' m going to leave it right

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now. So because I' m
gonna round it up. I believe that

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with the whole idea, but what
Article 80 and one of the Rules of

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Procedure tells us, which has been
a medium way in which whether it came

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into force or not, is that
there must indeed be a contract. But

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this situation of what must be a
contract, I think is not an obligation

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or obligation. It would be a
desirable matter for them to have a contract.

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It would be like a first comment. The second point, which is

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very important, where I have noticed
that there are many errors on the part

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of importers and more than mistakes it
seems to me that in some cases the

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companies have deliberately done so, because
they are not completely sincere, they are

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not completely reliable, because it has
touched me many times that the companies at

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the time of telling the customs people
what is being done the operation that for

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customs valuation purposes, we must remember
that within Article sixty- five of the

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law refer that, among other things, transport costs are part of the value

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in the back of the goods.
Therefore, they increase to the value.

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So inconterme is very important and it
seems to me honestly that many companies first

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do not know exactly what all five
ters consist of. But basically it seems

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to me that when they tell them
that they have to increase the value,

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and that, they actually invent customs
people to say that I put mincoter or

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they tell their supplier to put an
incompetent. Let' s say it'

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s more fit for the operation that' s there, but I' d

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just like to remember the best in
three stages. We have a first incotert

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which is with material delivery of the
merchandise at the factory, which is xt

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Works. We have another incompetent of
the most used, although obviously there is

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already more, but of the most
used, which is put on the boat

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' s embroiderment, which implies that
the seller, within the price is being

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forced to send them to the port
of dispatch, to do the corresponding customs

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formalities and to put them on the
embroidered bar And finally we have an incoter

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that, I repeat, there are
several, but the one that is also

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used a lot, which is the
safe cost and freight c if And this

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incoter determines that within the price has
to be included the freight and, in

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their case, the insurance, so
that the determination of the lincoter is one.

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It is a possible point of the
most important, where the authority stops

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to thoroughly review the operation and tries
to ask the company just how the operation

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was done. And many times they
fall into mistakes because they' re possibly

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declaring an incoter that I don'
t know exactly how they' re hiring

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the seller. This is what I
have to do with many customers who have

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audited that the customer the company,
the supplier delivers it to the factory,

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but they put a fog for example. Then we have to understand that all

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the expenses incurred from the time the
goods leave the factory to put it in

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port would also have to be determined
as incremental, because that has a lot,

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a lot of cost. For example, I' ve been seeing several

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operations in Vietnam lately. Vietnam is
a country let' s say it'

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s like a pear forgive me because
I' m, I' m not.

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But then and the most important ports
are down and it costs much more

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to move the goods from the factories
to the port than is worth the sea

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freight from the ports of departure from
Vietnam to any port in the Pacific,

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that is, from Mexican customs.
So it is very important, within what

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I recommend, that you give yourself
the task of determining perfectly what is the

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term of the international contract you are
doing, because this implies that you can

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determine an omission of contributions, even
why not say it here that also within

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the determination of the lincoter, because
we have to know that many times the

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sellers condition, condition the sales to
the payment of the royalties, to the

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payment of a fee. This situation, too, in terms of Article 65

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of the Vanera Act, is also
an increaseable one, and it seems to

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me that this is another point that
many companies do not consider correctly for customs

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purposes, but they do consider it
for income tax purposes. What the sa

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does very commonly is to review those
companies that are paying royalties abroad and immediately

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fix what type of incoter or if
they are increasing the customs value of the

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goods, because it has to be
a mirror. This is what you are

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really paying for what you are actually
paying for royalties or this kind of an

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additional payment, which is a condition
of sale by the supplier. This situation

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has been sincerely little observed, little
cared for by the companies. I have

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constantly touched on companies I repeat that
they do have to pay royalties abroad,

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but that they only reflect them in
going on rents, say, pay it

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and there they determine they make the
corresponding retention in their case. But don

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' t turn to the issue of
general import tax, because just those payments,

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00:19:14.119 --> 00:19:18.799
those payments that are made with that
periodicity, would have implied that,

206
00:19:18.000 --> 00:19:22.000
at least once a year, companies
would have to make a global and pediment,

207
00:19:22.119 --> 00:19:26.920
an adjustment in the customs value of
the goods to pay that remnant or

208
00:19:26.039 --> 00:19:30.480
that difference that they have from the
general impulse of import, in their book

209
00:19:30.599 --> 00:19:36.000
case, then in the determination of
the lincoter, because it seems to me

210
00:19:36.039 --> 00:19:41.680
that the issue of whether there is
regality or not must also come implicit and

211
00:19:41.720 --> 00:19:48.559
that just these royalties or all that
subject should be included right in the international

212
00:19:48.640 --> 00:19:55.319
purchase agreement or perfectly detailed somewhere.
And that leads me to point three or

213
00:19:55.400 --> 00:20:02.079
the next that we have in that
order and what I have noticed is that

214
00:20:02.119 --> 00:20:08.559
international trade between companies is completely dynamic, but very messy. Why very messy,

215
00:20:10.200 --> 00:20:15.640
because, for example, there are
purchase orders or orders of goods,

216
00:20:15.200 --> 00:20:22.279
but not always in this purchase order
are perfectly detailed the goods and most importantly,

217
00:20:22.559 --> 00:20:30.440
the price is not perfectly detailed.
That is, it seems that the

218
00:20:30.160 --> 00:20:36.319
price is implied in the sale of
the goods, in the purchase order.

219
00:20:37.400 --> 00:20:42.680
But for customs purposes, it is
vitally important and vitally necessary that, when

220
00:20:42.680 --> 00:20:48.599
this type of operation is carried out, it begins to document from that moment

221
00:20:48.720 --> 00:20:53.319
what the cost or the price of
the things that are being acquired will be.

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00:20:56.279 --> 00:21:03.880
When you have an international n n
ns contract, it would probably not

223
00:21:03.880 --> 00:21:10.599
be so indispensable, but I do
think that you need to perfectly document the

224
00:21:10.599 --> 00:21:14.440
purchase order with the price, pointing
out the quantity of goods and the type

225
00:21:14.440 --> 00:21:18.839
of goods. Why, because this
is really going to be the agreement of

226
00:21:18.960 --> 00:21:23.519
wills that are going to be held
among individuals and that is going to fix

227
00:21:23.599 --> 00:21:30.000
from my point of view, really
there is at that time already a price

228
00:21:30.160 --> 00:21:33.799
paid or payable. This is also
Mexican law, like the value agreement.

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00:21:36.400 --> 00:21:42.279
He tells us that the customs value
can be an unpaid agreed price, i

230
00:21:42.519 --> 00:21:51.119
e trusted. So this is very
important. Let me use this word as

231
00:21:51.160 --> 00:21:56.400
colloquial as it is called as trust. Why. Because, fortunately, the

232
00:21:56.519 --> 00:22:03.640
law, the international agreement well says
that it is enough for individuals to have

233
00:22:03.640 --> 00:22:11.200
an understanding, to have an agreement
of wills so that precisely from there the

234
00:22:11.240 --> 00:22:15.279
customs value of the goods arises,
provided, obviously, there was no link.

235
00:22:15.359 --> 00:22:18.680
And a number of things that I
don' t think are relevant right

236
00:22:18.759 --> 00:22:23.119
now. But I think what companies
don' t do properly is right.

237
00:22:23.359 --> 00:22:27.960
And there it is. I'
d like you to believe that I want

238
00:22:29.079 --> 00:22:32.519
to generalize because when I' m
going to audit some companies they always have

239
00:22:32.519 --> 00:22:36.000
a mess about this. When I
ask them to document an operation, they

240
00:22:36.920 --> 00:22:41.440
take out a pediment, an invoice
and a statement of account and, in

241
00:22:41.559 --> 00:22:48.279
my view, they are not sufficient
elements to determine in a concrete way and,

242
00:22:48.440 --> 00:22:52.160
above all, for the purpose of
an audit by the authorities. Yes,

243
00:22:52.240 --> 00:22:59.160
indeed, that was the way it
was agreed, why there is more.

244
00:23:00.400 --> 00:23:06.240
There is one very important point that
I have also noticed in the operations

245
00:23:06.279 --> 00:23:15.799
of the companies and is that generally
companies do not pay in full the value

246
00:23:15.880 --> 00:23:23.519
that is indicated on an invoice,
but make payments on account of or advances

247
00:23:23.599 --> 00:23:29.839
and start to see as a revolving
fund, where there are operations, where

248
00:23:29.880 --> 00:23:34.079
there are invoices. I' m
going to make up a hundred or two

249
00:23:34.119 --> 00:23:40.079
hundred thousand dollars and it turns out
that they deposited five hundred zero because the

250
00:23:40.079 --> 00:23:41.440
company says it' s to pay
an advance. You' re paying invoice

251
00:23:41.440 --> 00:23:45.240
one, two and three, but
when you make those or when you make

252
00:23:45.359 --> 00:23:51.160
deposits abroad, you don' t
have the forecast to be saying hey,

253
00:23:51.480 --> 00:23:56.440
because I' m depositing you fifty
thousand dollars to pay the invoice to another

254
00:23:56.480 --> 00:24:03.400
fifty zero for invoice b another hundred
zero because I want to anticipate you to

255
00:24:03.480 --> 00:24:06.599
give you an advance to go in
for production. That' s what the

256
00:24:07.160 --> 00:24:11.319
guy' s model is. It
seems to me that where businesses are much

257
00:24:11.440 --> 00:24:17.960
more vulnerable and I have noticed that
the customs authorities obviously reject them, the

258
00:24:18.000 --> 00:24:22.640
issues of paid prices, because they
generally do not fit the amounts they are

259
00:24:22.640 --> 00:24:27.039
paying. Against what you say to
the bill. It seems to me that

260
00:24:27.279 --> 00:24:32.680
the supervisory authorities, specifically those of
the SAT, do more than the National

261
00:24:32.759 --> 00:24:36.920
Customs Agency, because they do it
at best with a collection issue and to

262
00:24:36.960 --> 00:24:44.359
try to fake a tax credit.
But there really is not a hundred percent

263
00:24:44.480 --> 00:24:48.359
fiderign traceability, because, I repeat, there is a fatura that is worth

264
00:24:48.559 --> 00:24:52.480
a hundred thousand dollars and it turns
out that the one that the importer,

265
00:24:53.519 --> 00:25:00.640
that the buyer sends you amounts above
these amounts that make it presume to the

266
00:25:02.039 --> 00:25:06.039
authorities that there may be a simulation
in the price and that this simulation in

267
00:25:06.119 --> 00:25:14.680
the price would do the times that
they are obviously undervaluing or trying to make

268
00:25:14.759 --> 00:25:19.759
a simulation of legal acts, a
simulation in terms of value, and that

269
00:25:19.799 --> 00:25:26.440
this is just the part where I
have noticed most from the authorities that they

270
00:25:26.839 --> 00:25:30.079
focus on determining and ordering how payments
were made abroad, these payments abroad.

271
00:25:34.880 --> 00:25:41.400
And here I would like to confess. I don' t do payments abroad

272
00:25:41.519 --> 00:25:45.839
with any of the companies I advise. But every time I ask them,

273
00:25:47.279 --> 00:25:52.319
they each have a different form.
But the most incredible thing is that not

274
00:25:52.359 --> 00:25:56.599
all the amounts that are paid or
sent by a currency exchange house or that

275
00:25:56.039 --> 00:26:03.960
the institution that is going to be
the transfer abroad does not always receive the

276
00:26:03.039 --> 00:26:10.000
money directly from the company, but
it receives important amounts from other companies or

277
00:26:10.039 --> 00:26:15.960
receives significant amounts in cash, that
is, it is amazing how it is

278
00:26:15.200 --> 00:26:22.359
a common practice to arrive with a
suitcase with money so that these types of

279
00:26:22.400 --> 00:26:26.480
companies make the transfers abroad, which, of course, is a malpractice.

280
00:26:26.000 --> 00:26:30.599
Obviously, even a matter of money
laundering could be typified at some point,

281
00:26:30.000 --> 00:26:34.039
but, far from wanting to overdo
it in the note, what I would

282
00:26:34.440 --> 00:26:41.200
like it to understand is that in
order for an operation to have the correct

283
00:26:41.200 --> 00:26:47.839
traceability, it would have to come
out of a transfer of the company'

284
00:26:47.839 --> 00:26:55.960
s bank accounts. Just don Juan
let me now, I read your question

285
00:26:56.039 --> 00:27:00.200
in just a minute, and here
what I think is very important, that

286
00:27:00.240 --> 00:27:07.480
we really determine how payments are being
made abroad, because here is a very

287
00:27:07.720 --> 00:27:11.720
large area of opportunity for companies.
I think, I have the experience,

288
00:27:12.720 --> 00:27:18.279
I have the knowledge that so many
of the companies that I advise on this

289
00:27:18.720 --> 00:27:26.759
issue have really made a mess,
that is, they don' t have

290
00:27:26.759 --> 00:27:29.559
as completely the way to demonstrate how
they are paying. And I' ve

291
00:27:29.640 --> 00:27:33.119
come across a couple of companies that, at the end of the day,

292
00:27:33.559 --> 00:27:38.480
a good part of the price ends
up being paid by another company abroad that

293
00:27:38.559 --> 00:27:41.039
we don' t know where it
comes from. And when I ask because

294
00:27:41.119 --> 00:27:45.400
obviously it' s a sister company
or a company when I say sister,

295
00:27:47.640 --> 00:27:52.680
not necessarily that they coincide in the
partners, but obviously, because they have

296
00:27:52.759 --> 00:28:00.680
say the same person or someone who
is actually owning both companies. Let me

297
00:28:00.720 --> 00:28:04.759
make a parenthesis, he says what
his opinion is regarding the fags of ending

298
00:28:04.759 --> 00:28:08.839
and having all the requirements that are
required with the manifestation of male. So

299
00:28:08.880 --> 00:28:12.759
look, don Juan, let me, let me first record you in a

300
00:28:14.440 --> 00:28:17.160
very simple way, I hope and
then I wrap myself a little more complex.

301
00:28:19.200 --> 00:28:25.920
I am completely ashamed, annoyed with
everything that has to do with temporary

302
00:28:26.000 --> 00:28:29.720
imports into our country, because,
while it is true, SIMEX companies are

303
00:28:29.759 --> 00:28:33.000
one of the main sources of smuggling
in Mexico, because it has also been

304
00:28:33.079 --> 00:28:37.559
due to the lack of control on
the part of the SAT authorities and,

305
00:28:37.640 --> 00:28:45.039
obviously, to the permissiveness of the
Secretariat of Economy. But that they are

306
00:28:45.079 --> 00:28:49.319
asking for any amount of things like
tax payment, tax determination, the issue

307
00:28:49.359 --> 00:28:55.400
of Aliba' s credit and that
they are determining manifestations of value or things

308
00:28:55.480 --> 00:29:00.559
when, by the origin of the
transformation itself, obviously, the waves are

309
00:29:00.559 --> 00:29:04.880
not sold, they are not sold
to these companies that are going to be

310
00:29:04.880 --> 00:29:11.200
a process of production, because,
obviously it seems to me a nonsense to

311
00:29:11.359 --> 00:29:18.440
ask them for a series of documents
and accreditations when they are not the owners

312
00:29:18.480 --> 00:29:23.039
of the goods and they are saying
that as a third party between the buyer

313
00:29:23.119 --> 00:29:29.079
and the seller or the manufacturer who
sends them to a transformation process and for

314
00:29:29.119 --> 00:29:37.519
which all this subject they have put
locks on all the promotion programs it seems

315
00:29:37.680 --> 00:29:42.960
to me that they are a legal
aberration and a way to try to squeeze

316
00:29:42.960 --> 00:29:47.680
companies where they should not, because, moreover, the companies behave badly are

317
00:29:47.720 --> 00:29:51.160
the ones that they try to do
this kind of operations. But yes,

318
00:29:51.240 --> 00:29:56.839
I believe that these companies are not
or practically pure maquila, if I may

319
00:29:56.839 --> 00:30:00.119
say so, to pure maquila,
because it seems to me that they would

320
00:30:00.160 --> 00:30:03.039
not have to ask absolutely anything,
as long as they have correct control of

321
00:30:03.079 --> 00:30:07.920
inventories, of the entries and exits
of the goods that they are having and

322
00:30:07.960 --> 00:30:11.759
obviously, without losing sight and without
getting out of the subject, because the

323
00:30:11.759 --> 00:30:15.880
whole procedure of diminution, which I
have also noticed in several matters that I

324
00:30:15.880 --> 00:30:19.119
have carried, that the companies have
a lack of control in the matter of

325
00:30:19.160 --> 00:30:23.799
diminution. I don' t know, don Juan, if you want to

326
00:30:25.160 --> 00:30:26.400
open your microphone, or I'
ve seen you agree. But thanks for

327
00:30:26.400 --> 00:30:32.240
the question, I do think it' s something. It' s completely

328
00:30:32.240 --> 00:30:37.039
absurd. But the reality is that
when I tell some customers that we can

329
00:30:37.160 --> 00:30:41.680
try some protection or some means of
defense, well, these companies are least

330
00:30:41.680 --> 00:30:45.920
interested in problems with authority or think
they' re going to have some subsequent

331
00:30:47.000 --> 00:30:51.720
act of control or they' re
hiding something. Or if they' re

332
00:30:51.720 --> 00:30:55.000
hiding it, because they don'
t want to ventilate, then they kind

333
00:30:55.039 --> 00:31:00.640
of try to do it a little
bit more, because trying to give a

334
00:31:00.640 --> 00:31:03.279
fulfillment, even if it' s
an absurd issue. Not well, the

335
00:31:03.319 --> 00:31:07.480
payment abroad, then it is to
serve you. To see José de Juan

336
00:31:07.519 --> 00:31:11.640
Miguel, great pleasure and thanks.
It says in a company. I like

337
00:31:11.759 --> 00:31:18.240
company, it' s whoever pays
the freighter to Ver Pérez cut me off.

338
00:31:18.359 --> 00:31:29.519
Says? Says? Says? It
says," Let me because it

339
00:31:29.559 --> 00:31:30.799
doesn' t say the company in
America" The holding company is the one

340
00:31:30.839 --> 00:31:33.920
who pays for the international flet.
First question, freight should be included as

341
00:31:34.240 --> 00:31:41.119
an increaseable. The truth is,
in the pure, in the strict sense,

342
00:31:41.200 --> 00:31:49.039
yes, but eye, there is
no increase between countries that are bordering.

343
00:31:51.279 --> 00:31:56.759
Then I' d say to you
first of all that I wouldn'

344
00:31:56.880 --> 00:32:00.839
t increase anything, because you'
re putting it on a guard to cross.

345
00:32:00.440 --> 00:32:04.440
And then, as there was no
greater, greater freight issue. I

346
00:32:04.559 --> 00:32:09.039
believe that freight will not have to
be increased in these operations. But that

347
00:32:09.079 --> 00:32:15.640
' s my opinion, don Juan
Miguel, and I think it might be

348
00:32:15.680 --> 00:32:19.480
a little casuistic. That' s
the question. Says b is the company

349
00:32:19.480 --> 00:32:24.039
IMEX because it was an emergency at
the plant. The holding company is the

350
00:32:24.079 --> 00:32:27.559
one who pays the freight in boat
time and form. In which case they

351
00:32:27.599 --> 00:32:30.960
should include the fet as increasing them. Well, I repeat to you the

352
00:32:30.079 --> 00:32:36.559
increments in terms of the law must
be added to the price in all cases,

353
00:32:37.000 --> 00:32:39.480
because that says article sixty- five, that is, by Ministry of

354
00:32:39.559 --> 00:32:45.240
Law. There is an increase in
value, but it is nothing else in

355
00:32:45.279 --> 00:32:50.200
the example you are setting, because
we are with countries that are adjacent and

356
00:32:50.240 --> 00:32:55.279
then, in that case, we
should take care of it within the contract,

357
00:32:55.960 --> 00:33:00.400
for I would suggest, although it
is a bit typical, but then,

358
00:33:00.759 --> 00:33:04.960
to make a col contract where it
was a fs or, a post

359
00:33:05.000 --> 00:33:07.079
on the border, American border to
cross. And that would, of course,

360
00:33:07.720 --> 00:33:12.319
be part of the invoice, of
this invoice which must, as you

361
00:33:12.440 --> 00:33:15.960
know also, be the subject of
the method of value and all that because

362
00:33:16.000 --> 00:33:20.519
it is also a very, very, very ethereal issue in the topic of

363
00:33:20.519 --> 00:33:24.839
IMIX and has determined by a criterion
of the SAT itself that it must put

364
00:33:24.880 --> 00:33:29.359
criterion number six, which is the
last resort that should not be called that

365
00:33:29.440 --> 00:33:35.799
too. But that' s how
we know it colloquially. So, including

366
00:33:35.880 --> 00:33:40.160
your question, I think there should
be no freight between these cases, because

367
00:33:40.160 --> 00:33:45.799
they are border with border, but
if it shouldn' t be, I

368
00:33:45.839 --> 00:33:50.039
think it should be included in the
value of the goods, in the understanding

369
00:33:50.079 --> 00:33:52.480
that the value of the goods will
be to determine the IJI and, in

370
00:33:52.720 --> 00:33:57.559
any case, the VAT that will
be, because temporarily there determined in annex

371
00:33:57.759 --> 00:34:02.279
thirty and with the credit that the
imex have and is that they have it

372
00:34:02.279 --> 00:34:07.440
and good of this determination of how
much goods. But from my point of

373
00:34:07.519 --> 00:34:14.400
view, honestly it is. I
think the increments are part of the price.

374
00:34:15.360 --> 00:34:17.960
I don' t know if I
leave it with a wider doubt or

375
00:34:17.960 --> 00:34:23.159
if anyone of the comrades who wants
to give their point of view, I

376
00:34:23.159 --> 00:34:30.559
would love to be helped, not
if they want it with all confidence.

377
00:34:30.639 --> 00:34:37.159
This is for we are among friends
and to try to share knowledge. Well,

378
00:34:38.719 --> 00:34:42.840
if there' s no further comment. Thank you very much for the

379
00:34:42.840 --> 00:34:47.559
question. I want to continue to
insist on the issue of payment abroad and,

380
00:34:47.599 --> 00:34:52.599
obviously, on the increaseables that we
have been in this. Let'

381
00:34:52.599 --> 00:35:00.519
s say that, walking at these
two points, let' s understand by

382
00:35:00.639 --> 00:35:06.239
increasing those costs that the importer has
to incur in order to transfer the goods

383
00:35:06.239 --> 00:35:08.679
to national territory. And this,
of course, we can call it or

384
00:35:08.719 --> 00:35:14.360
we can see it in a matter
of freight freight freight and insurance that are

385
00:35:15.119 --> 00:35:22.159
normally paid, where there is a
bit of distortion and where there has been

386
00:35:22.199 --> 00:35:25.480
even greater fraud on the part of
large companies, is just the issue of

387
00:35:25.599 --> 00:35:31.559
royalties or royalties. At this point
I would like to make a big parenthesis

388
00:35:31.599 --> 00:35:39.079
to tell you that in the value
agreement in the international aqueoyo that derives from

389
00:35:39.159 --> 00:35:47.239
Article 7 of the Treaty, it
is determined that there are two bodies that

390
00:35:47.239 --> 00:35:50.599
protect all compliance with the issues of
value. One of them is the Customs

391
00:35:50.800 --> 00:35:55.480
Assessment Committee, which is part of
the WTO and which basically brings together customs

392
00:35:55.880 --> 00:36:01.719
directors from around the world who are
part of the WTO. And another specialized

393
00:36:02.320 --> 00:36:08.800
technical body called the Technical Evaluation Committee, which is sponsored by the WCO.

394
00:36:10.800 --> 00:36:16.679
This is where the countries send the
consultations, which have to do with certain

395
00:36:17.280 --> 00:36:23.480
operations carried out by the companies,
just trying to determine a homogeneous criterion of

396
00:36:23.719 --> 00:36:30.960
the operations and where it has been
found that there is much more complexity and

397
00:36:30.960 --> 00:36:35.480
more, and they have expressed more
opinion on this issue to this Technical Committee

398
00:36:35.480 --> 00:36:38.880
of value in its various opinions that
I recommend to them on occasion to look

399
00:36:38.960 --> 00:36:45.039
for them on the Internet, that
they are already public will be a little

400
00:36:45.599 --> 00:36:50.519
secret, but there are these advisory
opinions are very important and the Technical Committee

401
00:36:50.599 --> 00:36:54.119
of Value, of which it has
determined opinions is of the royalties. So

402
00:36:55.159 --> 00:36:59.960
let' s understand that when we' re talking about a big company or

403
00:37:00.000 --> 00:37:06.920
companies s NS, medium or large, almost all, almost all are selling

404
00:37:07.000 --> 00:37:14.800
products that are with trademarks and that, in this case, many of the

405
00:37:14.920 --> 00:37:19.280
sellers condition the sale of the product
to a royalty payment. And this would

406
00:37:19.280 --> 00:37:23.760
be, let' s say,
the most important condition for royalties to be

407
00:37:23.760 --> 00:37:28.239
increased. This is what the law
says and the agreement is that when royalties

408
00:37:28.320 --> 00:37:35.079
are established as a condition of sale, when the seller conditions the sale of

409
00:37:35.679 --> 00:37:39.920
the product at a price, but
there is a later payment that is normally

410
00:37:40.000 --> 00:37:45.400
fixed for a semi- annual manner
or for the sales that there are.

411
00:37:45.880 --> 00:37:49.119
Well, this is very important,
very important. Doctor, I don'

412
00:37:49.199 --> 00:37:51.960
t know if you wanted to ask
anything. It' s just that I

413
00:37:52.000 --> 00:37:53.320
saw it with my hand, thank
you, sorry, I saw it with

414
00:37:54.800 --> 00:38:02.559
my hand, then raising this issue
of royalties is very important and I'

415
00:38:02.760 --> 00:38:06.559
ve noticed with big companies for the
last three or four years. I have

416
00:38:06.679 --> 00:38:10.320
been called by many of my fellow
Camil friends to help you with this issue,

417
00:38:12.760 --> 00:38:16.960
because the SAT has found through good
in the General Administration of External Trade

418
00:38:17.000 --> 00:38:24.880
Audit. He has found a great
gap or a great beta of acts of

419
00:38:24.880 --> 00:38:34.000
control, precisely on the subject of
royalties and almost all have been favorable.

420
00:38:34.119 --> 00:38:37.480
Right now, I' m answering
Beatrice' s license for a moment.

421
00:38:38.079 --> 00:38:44.519
Thank you. Then it' s
very important. It is very important that

422
00:38:45.079 --> 00:38:49.719
you who are in foreign trade,
in companies like Aboba Empresa, always meet

423
00:38:49.800 --> 00:38:54.519
with the financial area, with the
accounting area, which are usually not the

424
00:38:54.599 --> 00:39:01.239
same to ask precisely if the goods
or products you are marketing are subject to

425
00:39:01.320 --> 00:39:08.920
some condition by the supplier. It
has touched me sincerely that these royalties even

426
00:39:09.000 --> 00:39:13.559
hide and are paid in another way, they are not paid there as in

427
00:39:13.760 --> 00:39:17.320
the dark, because they do know
that they have to increase the price,

428
00:39:17.920 --> 00:39:23.920
but they can be an understanding,
but that these amounts are not correctly declared.

429
00:39:24.079 --> 00:39:29.639
Or this issue of royalties is already
an issue of one that can obviously

430
00:39:29.639 --> 00:39:36.760
generate a contribution mission with an important
tax credit. And the most representative thing

431
00:39:36.800 --> 00:39:42.239
you should know is that, of
course, the authorities are auditing for tax

432
00:39:42.320 --> 00:39:49.679
purposes. Not then has I been
touched by companies that bring these Walt Disney

433
00:39:49.960 --> 00:39:53.480
logos or that bring or let them
print or market the soccer shirts that everyone

434
00:39:53.519 --> 00:39:59.559
in Mexico likes to be wearing.
And a lot of these things where they

435
00:39:59.599 --> 00:40:06.320
really did know they had to pay
the royalties, but they made really very

436
00:40:06.519 --> 00:40:12.119
dark contracts in the spirit of not
paying it or doing things like that with

437
00:40:12.159 --> 00:40:17.480
tax credits for companies above fifty or
eighty million pesos at least. So yes,

438
00:40:17.679 --> 00:40:22.639
this subject seems to me of the
utmost importance, and that' s

439
00:40:22.719 --> 00:40:27.360
why I wanted to talk about it. Now I' m wondering Betty Torres

440
00:40:27.400 --> 00:40:30.159
what can be done when there are
discounts on bills if customs doesn' t

441
00:40:30.159 --> 00:40:32.400
accept them. Well, look what
I' d have to do first,

442
00:40:32.559 --> 00:40:37.280
Beatriz, is that this is perfectly
documented. I mean, the discounts.

443
00:40:37.840 --> 00:40:44.199
Discounts are used, they are called
bonuses, credit notes, but there has

444
00:40:44.239 --> 00:40:52.440
to be precisely a document that can
prove just this difference in terms of the

445
00:40:52.480 --> 00:40:58.039
original price of the invoice or preferably
that the invoice already comes with the discount

446
00:40:58.119 --> 00:41:02.840
applied and that is perfectly determined in
the beast. Yes, it goes any

447
00:41:02.960 --> 00:41:09.320
discount or any value that is perfectly
credited between the buyer and the seller is

448
00:41:09.440 --> 00:41:15.360
accepted by the law, probably not
by the authorities, but that is where

449
00:41:15.480 --> 00:41:19.679
we will unfortunately have to enter into
a litigation process in your case. But

450
00:41:19.880 --> 00:41:22.679
if it' s important it says
besides royalties, you could share them,

451
00:41:22.719 --> 00:41:27.400
according to your experience, some other
kind. Well, look at the augmentables.

452
00:41:28.280 --> 00:41:32.960
For example, I have a customer
who has an annual insurance for theft,

453
00:41:34.239 --> 00:41:37.239
for any kind of disaster he has
and who, of course, by

454
00:41:37.320 --> 00:41:40.280
the way now with this issue in
Acapulco, because I think he was one

455
00:41:40.320 --> 00:41:46.280
of the few who had all their
stores insured on this subject. So there

456
00:41:47.199 --> 00:41:52.840
are global insurances that have the companies
alberto and obviously, when it comes to

457
00:41:53.000 --> 00:42:01.119
it or when the policy covers the
marine casualties, or that the goods,

458
00:42:04.840 --> 00:42:07.440
always increase them And how good is
your question, because, like I go,

459
00:42:07.440 --> 00:42:13.440
a little fast, but always the
increments are up to the port of

460
00:42:13.440 --> 00:42:16.840
destination, that is, already the
expenses incurred by a company from the customs,

461
00:42:17.280 --> 00:42:22.000
the warehouse or the distribution center,
because they are no longer part of

462
00:42:22.039 --> 00:42:30.159
But basically let us stay in safe
freight, rights or royalties or as they

463
00:42:30.199 --> 00:42:36.079
are known internationally as royalties. That
would be my answer now. Another point

464
00:42:36.119 --> 00:42:39.840
that is very important is not only
how you pay abroad, but what I

465
00:42:39.880 --> 00:42:45.800
do not ever see is that there
is a confirmation of payments. That is,

466
00:42:45.320 --> 00:42:50.880
I send so much money to the
supplier, but there' s no

467
00:42:51.000 --> 00:42:53.880
e- mail back where I say. I got that$ 100, 000

468
00:42:53.960 --> 00:42:59.280
and I' m going to apply
it this way, according to your instructions,

469
00:42:59.440 --> 00:43:04.639
that is, let' s remember
that I' m suggesting that at

470
00:43:04.719 --> 00:43:08.159
the time of paying not only the
money is sent, but there is an

471
00:43:08.159 --> 00:43:10.360
explanation to be put as a reference. I am paying you such an invoice

472
00:43:10.400 --> 00:43:15.079
or so much of such invoice,
but I also recommend from the supplier that

473
00:43:16.039 --> 00:43:21.039
there be a response confirming payment of
the goods. This seems to me to

474
00:43:21.639 --> 00:43:30.760
be very important all these points.
It would be desirable to have all this

475
00:43:30.840 --> 00:43:37.119
in an international sales contract. And
I have already proposed to several of my

476
00:43:37.199 --> 00:43:39.840
clients in recent years, and we
have done so, as there are sales

477
00:43:39.920 --> 00:43:47.920
contracts. But curiously and I have
a recent customer who has a very important

478
00:43:47.920 --> 00:43:52.840
subject, because he says that the
merchandise he brings varies greatly in price.

479
00:43:52.480 --> 00:43:58.480
They' re not comoditis, but
they' re merchandise that sells a lot

480
00:43:58.800 --> 00:44:00.760
and fluctuates a lot. And you' re telling me that I can'

481
00:44:00.800 --> 00:44:02.760
t make a contract. I can' t make a six- month or

482
00:44:02.760 --> 00:44:06.920
one- year contract, because in
those six months you can change the price

483
00:44:06.920 --> 00:44:09.360
three times up or down. So, what I recommend is that the contract

484
00:44:09.400 --> 00:44:15.119
prevail, but that some clause or
some annex be made of the fluctuations that

485
00:44:15.159 --> 00:44:20.840
may exist in prices, because that
is perfectly worth it. It is possible,

486
00:44:22.119 --> 00:44:24.800
even possible, to make a consultation
of value that does not come in

487
00:44:24.880 --> 00:44:29.320
the presentation in this leaflet, in
terms of article seventy- eight B of

488
00:44:29.360 --> 00:44:34.119
the customs law, to just make
a consultation that will confirm to us what

489
00:44:34.199 --> 00:44:37.000
is the method of value to be
employed. But, moreover, it is

490
00:44:37.039 --> 00:44:42.840
another implicit fact that there is a
confirmation on the part of the SAT authorities

491
00:44:42.880 --> 00:44:46.960
to validate the price of things,
precisely because we are teaching you what is

492
00:44:47.039 --> 00:44:52.480
the contract that we have, what
is the transaction that we are going to

493
00:44:52.719 --> 00:44:57.039
make in the future with respect to
certain values. Then I make the alien

494
00:44:57.079 --> 00:45:01.880
and confirmation of increased payment, purchase
orders and determination of the lincoter. What

495
00:45:01.960 --> 00:45:08.159
is desirable is that it was or
was part of a contract. But I

496
00:45:08.599 --> 00:45:15.639
repeat this contract, this contract I
insist I have not found anywhere where it

497
00:45:15.639 --> 00:45:19.840
is mandatory. And, while it
is true, in Article eighty- one

498
00:45:19.880 --> 00:45:23.159
of the Customs Law Regulation it speaks
of a contract, it does not seem

499
00:45:23.199 --> 00:45:29.159
to me to be the corresponding legal
instrument to lay down obligations for importers.

500
00:45:29.519 --> 00:45:35.360
So, regardless of whether this article
has been with some important vacatio legis and

501
00:45:35.400 --> 00:45:38.599
with some rules that have extended its
entry into force. But just because,

502
00:45:40.079 --> 00:45:45.679
while it is true, the contract
is desirable, so is the fact that

503
00:45:45.719 --> 00:45:49.760
it is not common practice that there
are contracts between companies and that everything is

504
00:45:50.320 --> 00:45:53.760
done daily now, if the bike
received is quoted in the body of the

505
00:45:53.840 --> 00:45:58.280
Inmbois paid, it could serve as
confirmation, because I believe it is.

506
00:45:58.400 --> 00:46:00.239
Don Alberto, I think I could
do it, but yes, it will

507
00:46:00.280 --> 00:46:07.159
be worth it then that the invoice
says amount paid or amount partially paid,

508
00:46:07.519 --> 00:46:10.760
as now the fdas we make,
of payment in partialities, that is,

509
00:46:10.920 --> 00:46:15.599
payment in a single display or deferred
payment, that is, it will be

510
00:46:15.719 --> 00:46:20.199
worth it if we try to understand
that the logic of the SAT authorities is

511
00:46:20.280 --> 00:46:22.559
that what they want to see is
that, in fact, the invoices are

512
00:46:22.559 --> 00:46:28.000
paid. And most commonly, the
most common thing in international matters is that

513
00:46:28.039 --> 00:46:30.280
goods are given on credit. I
say the most common thing. But,

514
00:46:30.480 --> 00:46:36.559
for example, there are countries like
India, where the credit payment is virtually

515
00:46:36.639 --> 00:46:40.000
vetoed. I think because of the
bad experiences they have had and the normal

516
00:46:40.079 --> 00:46:45.400
commercial practice is even that they sell
it to you even including the flet I

517
00:46:45.400 --> 00:46:50.039
say. That' s the experience
I have. Finally, because I was

518
00:46:50.039 --> 00:46:54.119
told that this happened for like a
minute. But there are three things you

519
00:46:54.159 --> 00:47:00.360
must be very careful about. Sheet
of calculation, demonstration and cover are three

520
00:47:00.480 --> 00:47:05.519
documents that have to be filled by
the importer with the help of customs people,

521
00:47:05.760 --> 00:47:08.920
of course, because importers will not
know how to do it. But

522
00:47:09.039 --> 00:47:16.239
it' s worth remembering that the
fine for misfilling a VOC is impressive.

523
00:47:17.880 --> 00:47:22.920
The fines are at twenty- eight
zero each copper operation for a bad filling

524
00:47:23.000 --> 00:47:32.280
of this electronic value voucher. I' ve led to many judgments copper matters.

525
00:47:32.840 --> 00:47:37.039
The reality is that I' ve
lost most of the procove issues.

526
00:47:37.559 --> 00:47:45.159
I' ve lost them because the
typicity, let' s say, the

527
00:47:45.280 --> 00:47:51.360
violation was committed and we tried to
go to court to say it' s

528
00:47:51.360 --> 00:47:55.519
an infringement or a ruinous sanction,
because let' s remember that in the

529
00:47:55.599 --> 00:47:58.039
one hundred and eighty- four comes
also the fine for inaccurate data. And

530
00:47:58.079 --> 00:48:01.000
this inaccurate data, because it is
a finecucine in the two thousand and five

531
00:48:01.000 --> 00:48:05.519
hundred pesos. But when there are
certain inaccurate data, which are the ones

532
00:48:05.519 --> 00:48:09.079
that are part of the code,
because the infringement is multiplied by ten and

533
00:48:09.079 --> 00:48:13.960
we are talking about twenty- nine
zero pesos. A year and a half

534
00:48:13.960 --> 00:48:19.119
ago, almost two years ago,
the center' s gase began an act

535
00:48:19.159 --> 00:48:24.960
of fair scrutiny to check whether the
INCOTERN and the subject of the augmentables had

536
00:48:25.159 --> 00:48:32.159
been well filled and began to make
millionaire tax credits because just when it determined

537
00:48:32.480 --> 00:48:36.559
that the Incotern was ill- marked
and proved to be ill- determined.

538
00:48:37.119 --> 00:48:45.280
Evidently, the COVE had mistransmitted the
information and I have therefore had the misfortune

539
00:48:45.280 --> 00:48:51.800
to see many cases already settled by
the SAT, of many millions of pesos,

540
00:48:52.239 --> 00:48:55.320
of very important companies which, I
repeat, several of my colleagues have

541
00:48:55.360 --> 00:49:01.119
been in favour of inviting me to
advise these large companies. And the reality

542
00:49:01.119 --> 00:49:06.840
of things is that the vast majority
have chosen to pay the fines and few

543
00:49:06.960 --> 00:49:10.639
have wanted to go to trials.
And on the subject of judgment, it

544
00:49:10.679 --> 00:49:15.119
is, I repeat, very uphill. I' ve won very little covid

545
00:49:15.159 --> 00:49:21.039
issues Honestly, it' s where
we say we have the lowest record in

546
00:49:21.039 --> 00:49:24.119
my practice, but precisely because as
much as we want to explain to the

547
00:49:24.239 --> 00:49:29.800
authorities that, first, it'
s a ruinous fine, second, that

548
00:49:29.960 --> 00:49:34.360
that' s often the mistake comes
from how the bill is described. And

549
00:49:34.400 --> 00:49:39.239
finally, if I may, do
not abuse this invoice declaration of the three

550
00:49:39.239 --> 00:49:45.599
one eight. There are many customs
agencies that want to correct everything with that

551
00:49:45.639 --> 00:49:53.119
invoice declaration and there are some errors
in filling the covid Finally, let'

552
00:49:53.119 --> 00:49:59.639
s remember that the infringements and sanctions
involve an omission of contributions. The n

553
00:49:59.719 --> 00:50:04.360
themes of value. This omission of
contributions is also sanctioned for customs agents.

554
00:50:06.039 --> 00:50:09.320
It' s also a crime.
The issue of value, i e infractions,

555
00:50:09.599 --> 00:50:14.800
is a crime. As you know, they have been deployed as criminal

556
00:50:14.880 --> 00:50:20.679
offences in customs matters. The same
conduct is punished twice. It is punishable

557
00:50:20.719 --> 00:50:27.400
in the criminal and administrative fields.
And finally, I want to comment with

558
00:50:27.400 --> 00:50:30.679
all due respect, especially for my
dear teacher, all the people who accompany

559
00:50:30.679 --> 00:50:35.039
me. The truth. I feel
very lucky to be invited, but I

560
00:50:35.079 --> 00:50:39.599
feel even more fortunate to have my
teacher in front of me, who was

561
00:50:39.599 --> 00:50:44.239
a guide on this subject for me. But, Master, I want to

562
00:50:44.239 --> 00:50:47.280
tell everyone honestly that even if it
doesn' t look like it and even

563
00:50:47.320 --> 00:50:51.679
though it' s rude, but
I' ve noticed that undervaluation of companies

564
00:50:51.760 --> 00:50:54.320
has become a national sport. In
other words, it is a way in

565
00:50:54.360 --> 00:51:01.159
which companies have understood or tried to
prevail in the market and that companies that

566
00:51:01.239 --> 00:51:07.119
do not have this price modification practice. When I' ve talked to some

567
00:51:07.119 --> 00:51:09.760
companies or entrepreneurs, they tell me
that if they don' t get me

568
00:51:09.760 --> 00:51:15.960
out of the market, that is, it seems like they have to get

569
00:51:15.039 --> 00:51:20.960
into this dynamic because the authorities haven' t managed to stop the phenomenon of

570
00:51:21.000 --> 00:51:24.480
undervaluation and it seems like it'
s permeating and it' s no longer

571
00:51:24.480 --> 00:51:24.480
the exception and it seems to me
that it' s doing the general form.

572
00:51:24.880 --> 00:51:29.199
So, well, there' s
ten minutes left. Daniela, I

573
00:51:29.239 --> 00:51:31.960
spent a little bit more six minutes, but, well, I don'

574
00:51:31.440 --> 00:51:36.199
t know if they want us to
ask questions. Thank you very much for

575
00:51:36.239 --> 00:51:40.039
your vital ramon comments. Thank you
for your comments, because I would love

576
00:51:40.039 --> 00:51:45.119
if we opened the microphones to exchange
some ideas. Please, no, the

577
00:51:45.119 --> 00:51:49.559
truth is that many of the questions
have already been answered at the time of

578
00:51:49.639 --> 00:51:57.320
the presentation. So, in that
sense, really and here' s nothing

579
00:51:57.320 --> 00:52:00.679
else, I think John is asking
and John just asked one thing when it

580
00:52:00.679 --> 00:52:06.320
comes into force. Well, that' s it. It is, obviously,

581
00:52:06.440 --> 00:52:09.639
already in the project that the manifestation
of values. In these terms,

582
00:52:10.280 --> 00:52:15.079
it seems to me that even what
is already waiting there, as with Karen

583
00:52:15.159 --> 00:52:19.800
' s signal, is that the
software that is being implemented in customs agencies,

584
00:52:20.320 --> 00:52:22.360
what they are doing is that they
are already filling it in automatically.

585
00:52:22.480 --> 00:52:28.840
When the pediment is filled, these
manifestations are being filled. So I think

586
00:52:28.840 --> 00:52:31.239
in the short term it' s
going to be important for them to be

587
00:52:31.239 --> 00:52:36.440
done. Now let us remember that
the expression of value and the spreadsheet is

588
00:52:36.599 --> 00:52:39.719
subscribed by the importer. Then it
is of no use that we have it

589
00:52:40.079 --> 00:52:46.599
in electronic, because we will need
the faithful and all this type of advanced

590
00:52:46.639 --> 00:52:50.760
signatures to lend them to us or
to lend them to the customs agents,

591
00:52:50.760 --> 00:52:52.440
the companies. And I think there' s going to be a theme there

592
00:52:52.440 --> 00:52:57.840
too. There are many companies that
are very confident to give their customs agencies

593
00:52:57.960 --> 00:53:00.639
all their signatures and the electron payment
and all this issue. But yeah,

594
00:53:00.719 --> 00:53:05.360
I think we' re going a
little slow. But also why not say

595
00:53:05.400 --> 00:53:08.840
it and I say it as well
as knowingly. It seems to me that

596
00:53:08.880 --> 00:53:14.079
the expression of value and the spreadsheet
are sometimes useless, that is, documents

597
00:53:14.159 --> 00:53:22.519
filled by the customs agent with a
little information. They are not thoroughly filled

598
00:53:22.679 --> 00:53:29.000
by the importer. It seems to
me that it is also stationery or it

599
00:53:29.480 --> 00:53:32.920
is tra mythology that perhaps in the
immediate future it would be worth thinking about

600
00:53:32.920 --> 00:53:39.840
if it is not removed. Thank
you very much, alam there are many

601
00:53:39.960 --> 00:53:45.760
caveats around here and well, now
I do invite Dr Maximo Carvajal to give

602
00:53:45.760 --> 00:53:51.320
us some comments on this. Please, thank you, Danela. Okay.

603
00:53:52.000 --> 00:54:01.440
The first comment would be to congratulate
Balam for his didactic talk, so extraordinary

604
00:54:01.519 --> 00:54:07.199
and very well founded. Of course, yes, there are several things that

605
00:54:07.360 --> 00:54:21.119
I want to rescue from the intervention
and it is, for example, the

606
00:54:22.920 --> 00:54:39.079
admiration that Balang gives me that he
has not found a formula that makes the

607
00:54:40.199 --> 00:54:51.920
subscription of international sales contracts compulsory.
I believe and he said he has sought,

608
00:54:52.000 --> 00:54:59.119
but perhaps he did not seek in
an international instrument of private international law,

609
00:55:00.039 --> 00:55:07.320
such as the United Nations Convention on
Contracts for the International Sale of Goods.

610
00:55:08.199 --> 00:55:15.639
It is a contract of nine hundred
and eighty- eight that came into

611
00:55:15.760 --> 00:55:24.239
force after having completed the whole process. It is an international treaty signed in

612
00:55:24.480 --> 00:55:34.559
Vienna in one thousand nine hundred and
eighty- eight and that in one thousand

613
00:55:35.480 --> 00:55:43.400
nine hundred and eighty- eight is
fulfilled with the entire constitutional process that we

614
00:55:43.639 --> 00:55:49.000
have for the President to subscribe to
a treaty and the Senate to ratify it

615
00:55:49.000 --> 00:55:51.920
and be published in the Official Journal
of the Federation. This Convention is,

616
00:55:52.199 --> 00:55:59.679
of course, binding on our country. It is part of our law,

617
00:56:00.559 --> 00:56:07.480
as are all international treaties. First, for one hundred and thirty- three

618
00:56:07.559 --> 00:56:15.639
of our Constitution and, secondly,
for the firm and definitive jurisprudence of the

619
00:56:15.719 --> 00:56:20.920
Supreme Court of Justice of the Nation. And I am not referring to the

620
00:56:21.039 --> 00:56:28.960
amendment of article 1 of the Constitution, because that is those conventions, those

621
00:56:29.079 --> 00:56:36.639
international treaties that establish human rights.
Of course, in the modification that took

622
00:56:36.639 --> 00:56:40.480
place on the 11th of June,
of the 11th of precisely two thousand two,

623
00:56:40.760 --> 00:56:50.440
two thousand leisures, then there they
are, there they are the beginning.

624
00:56:51.039 --> 00:57:00.559
But, moreover, it is so
obvious that importers and exporters in Mexico

625
00:57:00.639 --> 00:57:07.840
have to have legal certainty. And
legal certainty, both for them and for

626
00:57:07.920 --> 00:57:14.840
the other party, is given precisely
by the conclusion of international sales contracts where

627
00:57:15.000 --> 00:57:22.400
they will fix, as in any
civil contract, they will fix the obligations

628
00:57:22.440 --> 00:57:32.920
and rights that each party has.
So, I do know that many companies

629
00:57:34.039 --> 00:57:40.880
do have international contacts, because,
moreover, it is in that international context

630
00:57:40.920 --> 00:57:49.280
that their payment instruments and the financing
given to them by the different banks,

631
00:57:50.519 --> 00:58:04.039
starting with Bancomex precisely to pay for
imports the payment letters that the banks regulate,

632
00:58:04.679 --> 00:58:10.920
since they are, of course,
founded on those international agreements, in

633
00:58:12.000 --> 00:58:17.840
this Convention and also what the International
Chamber of Commerce has done since one thousand

634
00:58:17.880 --> 00:58:23.599
nine hundred and twenty and then in
one thousand nine hundred and thirty- six

635
00:58:23.719 --> 00:58:30.719
and, finally, in the two
thousand and twenty, through the five others

636
00:58:30.840 --> 00:58:37.880
those terms that are not mandatory,
but that at the moment when the parties

637
00:58:37.960 --> 00:58:47.079
indicate it in their international sales contracts, they acquire precisely the obligation. And

638
00:58:47.119 --> 00:58:53.559
then, as you said, if, as is true, all the expenses

639
00:58:53.800 --> 00:59:01.239
that are made abroad, until the
goods touch the first national territory, either

640
00:59:01.559 --> 00:59:07.599
a border customs, already makes a
land customs, already makes an air customs.

641
00:59:10.320 --> 00:59:21.239
At that time, the concept of
value for customs purposes ceases. And

642
00:59:21.360 --> 00:59:30.280
there we also have this international convention, this international treaty, which has been

643
00:59:30.400 --> 00:59:37.440
suffering, and you will remember for
sure of some of the lectures in class

644
00:59:37.519 --> 00:59:43.800
when we talk about the three systems
that existed on value, the original positive

645
00:59:44.000 --> 00:59:50.039
value of the Gad of article seven, the theoretical value that the Customs Cooperation

646
00:59:50.079 --> 00:59:54.639
Council then does, now to the
World Customs Organization, the theoretical value,

647
00:59:54.719 --> 00:59:59.360
the value that the goods must have
and, finally, the transaction value.

648
01:00:00.679 --> 01:00:08.760
And in the and while in the
other two values the inconter was mandatory.

649
01:00:09.719 --> 01:00:19.119
Now in the transaction value is assumed
and so designed the Treaty and the articles

650
01:00:19.239 --> 01:00:30.719
of our law that establish this transaction
value system. In this, in this

651
01:00:30.199 --> 01:00:37.519
system, when you resort to the
transaction value, that ninety percent and so

652
01:00:37.639 --> 01:00:44.559
many percent of all imports are regulated
by this, by this formula, East,

653
01:00:45.760 --> 01:00:57.800
the times, places, this level
amounts, this will only apply in

654
01:00:57.880 --> 01:01:04.599
the processes its secondary. The same
commodity, that of similar goods, that

655
01:01:04.599 --> 01:01:08.320
of unitary prisoners, that of reconstruction
value or in the last resort, is

656
01:01:08.480 --> 01:01:17.280
where the psychoters will be applied,
for example. But in the normal value,

657
01:01:17.440 --> 01:01:23.440
in the transaction value, it is
assumed that the whole concept of value

658
01:01:23.519 --> 01:01:30.039
and all the increments must come,
as you have handled it, until the

659
01:01:30.159 --> 01:01:37.920
goods reach their destination And from there
no expense is included that the importer makes,

660
01:01:38.920 --> 01:01:44.480
such as the payment of taxes,
in the transportation of the customs,

661
01:01:44.760 --> 01:01:50.360
in the customs people, the permits, licenses, etc, the stays,

662
01:01:51.079 --> 01:01:55.400
the storage, in short, all
the expenses until having their merchandise in his

663
01:01:55.480 --> 01:02:04.199
possession, in his possession arrives in
his deposit, etc. Then there is,

664
01:02:04.960 --> 01:02:09.840
of course, and besides, it
is good that I always believe that

665
01:02:09.880 --> 01:02:16.599
a solicitor applicant, a consulting lawyer, an advisory lawyer and you do it

666
01:02:16.760 --> 01:02:24.440
for your ethical principles and principles of
knowledge, should guide your client well and

667
01:02:25.239 --> 01:02:31.320
the way it should be and have
no problem, because it is to comply

668
01:02:31.360 --> 01:02:44.679
with a correct evaluation in not undervaluing. Also, there also sometimes, in

669
01:02:44.800 --> 01:02:50.679
sin carries penance sometimes for wanting to
save on the import tax, comes out

670
01:02:50.800 --> 01:03:00.360
paying more on the tax of this, on the is on the income tax,

671
01:03:00.519 --> 01:03:06.840
and that you don' t see, because undervaluing you are giving it

672
01:03:06.880 --> 01:03:12.519
a lower value. And then in
profits you' re going to have a

673
01:03:12.960 --> 01:03:20.159
sovereign, an overhabitation and then you' re going to have to pay more

674
01:03:20.159 --> 01:03:29.320
income taxes. So this Yes,
we must continue to educate and I say

675
01:03:29.440 --> 01:03:34.639
it with all due respect for those
in this forum with all due respect.

676
01:03:35.360 --> 01:03:42.519
We must educate taxpayers that the best
way is always the way of truth,

677
01:03:43.119 --> 01:03:50.320
the way of not trying to make
an illicit profit, because many times,

678
01:03:51.000 --> 01:03:57.280
at the end of the day,
one gets charged and comes out paying for

679
01:03:57.719 --> 01:04:03.079
broken frets in fort goes mask.
This would be nothing more and I'

680
01:04:03.079 --> 01:04:05.480
m sorry because I spread out a
lot. Well, like you leave ten

681
01:04:05.519 --> 01:04:11.960
minutes there. I already got them
the master how wonderful. I thank you

682
01:04:12.039 --> 01:04:15.800
first because I am going to look
just for the Convention. And I thank

683
01:04:15.840 --> 01:04:18.280
you very much because because yes,
as you well point out to me,

684
01:04:18.719 --> 01:04:24.840
I have been touched by big companies, master who have no contracts, that

685
01:04:24.960 --> 01:04:29.800
is, they are understandings that they
have and that we just had to go

686
01:04:29.880 --> 01:04:30.920
do things, but well there was
a question around here that was staying in

687
01:04:30.920 --> 01:04:36.280
the ink. They were asking me
to see if you see him very quickly

688
01:04:36.360 --> 01:04:40.960
from the customs value. What they
asked more about the issue of royalties is

689
01:04:42.039 --> 01:04:47.920
how they know if at first the
royalty is conditioned to annual or semi-

690
01:04:48.119 --> 01:04:54.800
annual sales the law. What it
allows is an annual adjustment through a complementary

691
01:04:54.880 --> 01:04:59.920
global expedition, that is, when
you already know exactly how much you paid

692
01:04:59.920 --> 01:05:03.679
for giving. With that figure,
the nao customs people speak to him and

693
01:05:03.679 --> 01:05:08.880
tell them to make the supplementary adjustment. And obviously, a pediment is made

694
01:05:09.320 --> 01:05:14.320
for all the operations that were done
in the year, and that' s

695
01:05:14.400 --> 01:05:17.519
perfectly regulated. But it is very
important, because, indeed, royalties are

696
01:05:17.519 --> 01:05:24.119
normally charged to future sales, so
you will never know exactly when to pay.

697
01:05:25.840 --> 01:05:30.960
Hence the need and the law'
s provisions for enlargement. And then

698
01:05:30.079 --> 01:05:33.320
they' re putting me here or
I' m gonna take a picture of

699
01:05:33.320 --> 01:05:34.880
him for what they' re doing. Thank you for your comments. They

700
01:05:35.039 --> 01:05:41.840
are teachers, they are says the
Convention on the International Sale of the Ucitral

701
01:05:41.920 --> 01:05:46.880
of Don Jorge Barrera graft I am
here. You have a book by a

702
01:05:47.000 --> 01:05:56.119
great mercantilist, as was Master Barrera
Barrera, an eminence in matters of private

703
01:05:56.159 --> 01:06:02.239
international law and correct commercial law.
Well, Daniela, I don' t

704
01:06:02.280 --> 01:06:04.760
know if there are any more questions. We' re not happening anymore.

705
01:06:04.800 --> 01:06:09.599
I' m delighted. I can
stay longer with all pleasure, because thank

706
01:06:10.280 --> 01:06:13.840
you very much, Adam the truth. There' s a lot of congratulations,

707
01:06:14.159 --> 01:06:17.440
as you' ve seen here.
Thank you too, Doctor, thank

708
01:06:17.480 --> 01:06:20.840
you very much for participating and,
above all, for feeding. That is

709
01:06:20.880 --> 01:06:27.320
the idea of barter that we can
educate, we can really share knowledge so

710
01:06:27.320 --> 01:06:30.760
that foreign trade is really better in
Mexico and that we have fewer mistakes as

711
01:06:30.760 --> 01:06:34.599
such. And, well, thank
you very much, Dr Balam and for

712
01:06:34.719 --> 01:06:39.119
that we want to give you a
virtual recognition from the entire team of telecma

713
01:06:39.199 --> 01:06:45.440
gas in Mexico and make a barter, mentioning this present recognition to Doctor Va

714
01:06:45.719 --> 01:06:47.840
la Moglia for making a barter in
the virtual conversation with the theme complements in

715
01:06:47.880 --> 01:06:50.519
value of the customs. On the
6th of November, 23rd fi nine pro

716
01:06:50.599 --> 01:06:55.039
Doctor de la Torre and your servant. Thank you so much and good for

717
01:06:55.039 --> 01:07:00.440
a virtual applause. Thanks for being
here. We' ve reached the end

718
01:07:00.480 --> 01:07:02.840
of today' s Truk. Thank
you so much for joining us. This

719
01:07:02.920 --> 01:07:08.199
was let' s barter v a
zum an event of telc Magas and Mexico.

720
01:07:08.719 --> 01:07:12.519
If you liked this talk, don' t forget to share each event

721
01:07:12.679 --> 01:07:16.320
with your contacts so that we continue
to spread knowledge and stay up to date.

722
01:07:17.039 --> 01:07:20.800
They find all our talks through our
online education platform, entering www.

723
01:07:24.719 --> 01:07:29.679
TLC Magicians in Mexico com Mx in
the course section, where you can see

724
01:07:29.719 --> 01:07:33.400
them again without things. If you
are interested in any specific topic, send

725
01:07:33.400 --> 01:07:38.239
us a message through the social networks
of tels Magas in Mexico and we will

726
01:07:38.280 --> 01:07:41.679
look for an expert who can clarify
your doubts. This was let' s

727
01:07:41.400 --> 01:07:41.679
do a creek.

