Mexico and the EU are currently updating the existing free trade agreement, with plans to make up to 99% of products duty-free. Nevertheless, imported goods must go through a customs procedure. In the following, we have prepared an overview for you. Non-EU goods imported from third countries must be placed under a customs procedure within certain time limits. Only after the customs procedure has been completed will you be able to freely dispose of the goods. The imported goods then receive the status of EU goods. The relevant customs procedure in your case will be "release for free circulation" - for example, if the goods are to remain permanently in the customs territory of the European Union and also enter the economic cycle here. The above mentioned customs procedure is initiated by a customs application. After the customs procedure has been filed, the customs application is checked and a decision is taken by the customs authority. As part of the procedure, the customs authority may inspect the goods. How this is handled in detail may vary from one customs authority to another and whether and how long the goods have to be stored cannot be answered in general terms for this reason. I was informed by telephone that a written request must be made in this regard. In addition to the customs procedure, which must be initiated and successfully completed, the import or export of certain agricultural products to or from EU member states is only permitted with the use of an import or export licence. The products that are in principle subject to licensing are listed in Annex Part 1 of EU Regulation (EU) 2016/1237. According to this, alcohol in the sense of ethyl alcohol and spirits is subject to licensing upon import. Tequila is included in this category and therefore requires a licence if the imported quantity exceeds 100 hectolitres. The licence is applied at the Federal Agency for Agriculture and Food and must already be available at the time of the customs application and customs procedure and must be submitted together with the customs application. Please note, however, that the licence not only entitles you to import, but also actually obliges you to do so in the amount of the licensed quantity. In addition to the licensing and customs procedures, you must register your business with the Trade Licensing Office in Germany in order to be allowed to distribute the imported alcohol here. Within the scope of the trade registration, food law requirements must also be met, which must be coordinated with the responsible health/veterinary authorities. Furthermore, it should be noted that the customs application and the licence application can only be made by persons who are resident in the EU or by participants (companies) who are established in the EU. You may also appoint representatives to act on your behalf and/or for your account who are established in the EU instead of you. The individual steps of the customs procedure and the application for a licence are complex and extensive and require more detailed examination and implementation. The regulations of the respective free trade agreement must also be observed. We would be happy to assist you with these issues in addition to the incorporation process of your company.
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