A special presentation for the WMTABy: Jonathan Alvarez

Public Registry of Vehicles(REPUVE)

Registry of vehicles importedunder temporary regime

GUTIERREZ, DIAZ, ESPARZA, S.C.

• Is a Federal Registry that provides a mechanism of identification, vehicular control, and public/legal safety to all legal acts in connection with those vehicles circulating in Mexican territory (purchase, sale, theft, recovery, seizure, lease, demolition, insurance reimbursement, etc.)

•REPUVE is managed and operated by the Federal Government through the Secretariat of Public Safety (“Secretaria de Seguridad Publica Nacional”).

•REPUVE integrates a national database which is updated on a daily basis by Federal and State Authorities and the Obligated Parties bounded to provide registration and notices in accordance with Repuve’s Law and Rules. (the “Obligated Parties”)

•REPUVE’s database may be verified by any person through its web site in order to verify the legal status of any vehicle (theft, insurance payment, seizure, recovery, etc.)

Relevant aspects of REPUVE

GUTIERREZ, DIAZ, ESPARZA, S.C.

REPUVE was created by the Federal Government through the issuance of the Public Registry of Vehicles Act published in the Mexican Official Gazette dated 09/01/2004. (“Repuve’s Law”)

REPUVE’s Rules were published until 12/05/2007, and became effective on 03/04/2008. (“Repuve’s Regulations”)

REPUVE’s Procedures Manual (Agreement 03/2008) was published on 03/03/2008

•Vehicle Identification Number (VIN)

•Essential characteristics of the vehicle

•Name of the user (customer, importer, )

•Name and general data of manufacturer (if made in MX)

•Any other information provided by the Federal and State Authorities

•Any other information updated pursuant to the notices provided according to Repuve’s Law and Rules.

Information that REPUVE records regarding each vehicle

1. Manufacturers of new vehicles that will be sold for Domestic Market.

2. Importers that will sold vehicles for Domestic Market (Dealers, etc.)

3. Importers of vehicles under temporary regime (“provisional registration”)

4. “Carroceros” (Vehicle Body Shop) (assembly and modification)

5. Insurance Companies, Bond Companies, Credit and Financial Institutions, Leasing Companies

6. Authorities (Federal and State)

Parties Obligated to file registration vehicles and/or provide notices before REPUVE.

Because Maquiladoras may import the following vehicles under temporary regime commonly used to transport Maquiladora’s merchandise:

a)Trailers;b)Van trailers; c)Flat bed chassis (to transport containers); d)Other vehicles used in their processes and/or

transport

“Importer is obligated to provide notice to REPUVE related to any vehicle imported under temporary regime”

The Theory:The Theory:Importer shall request registration of the vehicle no later than one business day after import of vehicle. Such process is made through Mexican Customs at the time import isdone. Customs shall provide such notice to REPUVE (article 14 of Repuve’s Regulation).

The reality: The reality: Mexican Customs not always provides the report oraccurate reports to REPUVE, causing lack of registries.

GUTIERREZ, DIAZ, ESPARZA, S.C.

1. Log in to: www.repuve.gob.mx and follow the link of “know legal status of your vehicle”;

2. Enter your vehicle’s License Plates Number, Vehicle Identification Number or Repuve’s Code

GUTIERREZ, DIAZ, ESPARZA, S.C.

Information required for registration:• Customhouse Code • Import Permit Number•Date of Entry (date of Import)•Expiration date of import permit•Folio Number appointed to the temporary permit number•Country of origin•Date of return •Number of days that the vehicle will remain in MX•Date of cancellation of permit•Brand•Model•Year-model•Color•Engine Number•Cargo capacity•Number of axles (trailers and van trailers)•Cylinders•VIN•Name of importer

GUTIERREZ, DIAZ, ESPARZA, S.C.

Having the registry will :

•Prevent imposition of fines due to default of registry:•Fines from 500 to 1,000 days of minimum wage can be imposed in case that a vehicle is not recorded before REPUVE, as provided under articles 25 and 26 of Repuve’s Law.•Delayed registries may cause fines from 20-50 days of mw.

• Help you to be aware about the legal status of your current Maquiladora’s vehicles;

• Help you verify legal status of vehicles that will be used and/or imported in the future by your Maquiladora;

• Support public safety.

GUTIERREZ, DIAZ, ESPARZA, S.C

A special presentation for the WMTA

By: Jonathan Alvarez

jac@nafta-law.com