Customs and International Trade Law

Nowadays companies require reliable and comprehensive advice to enable them to meet the challenges presented with an increasingly globalized world, through the effective use of international mechanisms and instruments, as well as timely implementation of legislation international trade and customs law.

In Montes Díaz Abogados, aware of this reality, we are focused on providing high-quality service, consulting and monitoring through experts in the field, giving to importers, exporters, brokers, carriers and other logistics agents, security conducting their daily operations serving transcendental aspects as:

• Interpretation and ratification of normative criteria for the correct application of the legal provisions regulating foreign trade in our country (Customs Law, International Free Trade Treaties, General Rules and Criteria on Foreign Trade and applicable Decrees).
• Proper use of International Free Trade Agreements for the application of the tariff preferences.
• Advice for the proper application of the Rules of Origin and Customs Valuation Criteria.
• Guidance for a better utilization of programs to promote export activities.
• Legal assistance for the conclusion of agreements or contracts for the provision of services among companies, customs brokers, logistics agents.
• Consulting and representation with the processing and usage of software, licenses and permits related to the import and export of goods, such as: IMMEX, Rule eight, PROSEC, NEEC, CTPAT, BASC, Controlled Enclosures, Bonded Warehouse, Importers List, Register Business Carriers, Attorneys.
• Verification and procedure for the compliance of Non-Tariff Regulations and Restrictions (NOM'S, Notices, Prior Permits, Quotas).
• Advice for the proper compliance of the Certifications of Origin and the determination of customs value of the goods.
• Research and monitoring on unfair foreign trade practices (dumping and subsidies).
• Contracts for the International Sales of Goods.
• Strategic linkage with expert logistic operators, professional and reliable regarding customs and foreign trade.
• Determination and confirmation of goods tariff classification.
• Advice for the return or compensation of trade taxes or duties paid in excess by the company.
• Legal defense in administrative procedures by the competent authorities in the exercise of its power of inspection (PAMAS) as well as in cases of summons, on site visits, foreign trade audits and inspections of goods in transit.
• Administrative litigation before administrative authorities, courts and constitutional bodies with jurisdiction in the matter.

Administrative Law

The proper execution of the authority acts in their fields of federal, state or municipal competence, allows individuals to obtain legal certainty in their interaction with them, being that through this legal discipline, we seek to protect the rights of individuals in actions and procedures conducted by the authorities.

In Mexico, there are a lot of legal provisions that regulate governing procedures, permits and procedures that the private sector must accomplish to operate properly. Also, most often, the authorities have become recurring purchasers of goods and services of individuals, generating a constant interaction with the private sector through bids, tenders or contracts.

Montes Díaz Abogados are specialists in the area to advise and represent individuals and to strengthen the public administration actions, offering the following services:

• Consulting, lobbying and monitoring to promote the creation or modification of legal instruments, such as laws, regulations, administrative manuals, general regulations as well as its proper administrative enforcement by government agencies.
• Licensees procedures, permits, studies, or authorizations before agencies from their federal, state or municipal fields.
• Advice, representation and monitoring on development of proposals for bids or tenders and negotiating contracts with the public sector.
• Consultancy for the design of regulatory compliance schemes before the administrative federal, state and municipal instances.
• Consulting and representation to look after arising disputes from the state activity against individuals by the interposition of nonconformity procedures, administrative appeals or litigation before administrative tribunals and other judicial authorities.
• Advice and representation regarding procedures and denounces resulting of administrative responsibilities by public servants.

Tax Law

In order to our customers are in a position to properly address their tax liabilities as taxpayers, in Montes Díaz Abogados we provide counseling and consulting services that enable them to address the necessary technical aspects for an appropriate legal compliance in the prescribed manner by the existing provisions, through consulting and lawyers coaching with extensive knowledge and vast experience in tax matters.

• The studying and analysis of international treaties on taxation signed by Mexico, for proper use and development, meeting the company’s needs.
• Management and representation to perform procedures, queries, returns and authorizations.
• Consultancy for the use of tax incentives, administrative facilities and recovery of overpaid contributions.
• − Verification and counseling on tax obligations compliance at the federal, state or municipal fields.
• Advice and representation before requirements, audits, or visits by the tax authorities.
• Legal defense in administrative procedures and resolutions initiated by the competent tax authorities.
• Administrative litigations before administrative tribunals and constitutional bodies with jurisdiction in the matter.

Corporate Law

In Montes Díaz Abogados, we point the practice of corporate law in the implementation of actions in the corporate governance practices and the regulatory compliance fields, the same which enable companies to have the necessary strength to face the administrative, legal, financial and operational risks which they are exposed to.

A good planning in the corporate field provides security and confidence to shareholders and transparency in the management and administration of any company.

In Montes Díaz Abogados, we offer services designed to meet in a timely and appropriate manner the customer corporate needs:

• Incorporation of companies and associations.
• Contract development and monitoring of strategic alliances (Joint Ventures).
• Counseling and monitoring to establish foreign investment.
• Opening of representative offices and branches.
• Assessments and procedures for the acquisition of companies (Due Diligence).
• Analysis, study and strategic planning, through implementation of corporate governance schemes in societies.
• − Management and compilation of corporate log books.
• Organization of regular and extra sessions of the Board of Directors.
• Summons, development, drafting and notarization of the shareholders meetings minutes.
• Development of manuals and implementation of measures to strengthen regulatory compliance within companies.
• Grant and revoke powers.
• Advice and consultation for the contract formulation or execution.

Dispute Settlement

In Montes Díaz Abogados, we consider that the alternative means of dispute resolution have regained peak in Mexico and represent one of the most viable ways to resolve conflicts outside the conventional litigation process.

The negotiation, mediation, conciliation and arbitration, led to legal practice in corporate practice, allow dispute resolution in a quick and friendly manner between the parties, taking into account their needs, based on the general principles of law and the legal provisions in force.

For this reason, in Montes Díaz Abogados, we provide our clients the following services in the field of alternative dispute resolution:

• Representation of expert lawyers in negotiation, mediation, conciliation and arbitration in the fields of our duty.
• Counseling, formulation and design of clauses and procedures, addressed to the disputes alternative solution in the concluded contracts.
• Participation as arbitrators in proceedings related to the specialty fields of the firm.