Mexican Customs Laws Changing Jan. 1
Law firms are advising clients of changes to Mexican customs laws that begin Jan. 1, including that customs brokers will be liable if their clients provide false or inaccurate information.
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Alvarez and Marsal wrote that broker licenses (or patents) will be suspended "not only when a broker faces prosecution for tax crimes, but also when a broker is under investigation or formally charged for any offense punishable by more than five years of imprisonment."
Penalties for declaring incorrect or inaccurate information in the Value Manifestation (Manifestación de Valor) or in the Electronic Value Certificate (COVE) will be up to 53,500 pesos, up from 29,420 pesos now.
Benesch Law wrote, "The amendment also contains Maquiladora reforms with the intent of reducing customs evasion. It contains stronger regulatory controls for temporary importations including those related to the Maquiladora, Manufacturing and Export Services Industry (IMMEX) program. Increased control is aimed at ensuring that temporary imports undergo appropriate [monitoring] and are reexported."
Alvarez and Marsal explained that companies will have to create "interoperable traceability, inventory, and remote-monitoring systems." However, those changes don't begin at the start of the new year.
DLA Piper advised that brokers are required to conduct more comprehensive know-your-customer checks, including that clients have adequate assets and infrastructure needed to carry out their operations, and confirming that clients are not included in the blacklist maintained by Mexico's tax agency, known as SAT (Servicio de Administracion Tributaria).
If brokers believe a client is breaking SAT rules, they are required to report it.
The firm explained: "Customs dossiers must now include not only standard customs files but also financial flows, contracts, logistics costs, and valuation adjustments. Although this requirement will be included in this reform, it is important to consider that authorities have been requesting this information in practice during audit procedures."
It said that Mexican officials expect tariff revenues to increase from about $8.7 billion this year to $14.5 billion in 2026, "with the possibility that a significant portion of this revenue will come from audit and inspection procedures."
Broker authorizations will be valid for 20 years, but subject to certification every three years.
There will also be new requirements for guarantees to cover potential duties and taxes if there is a discrepancy in estimated prices, but that will not be implemented at the start of the year.
Alvarez and Marsal wrote that oversight of Strategic Bonded Facilities will be tightened, with deposits in customs guarantee accounts at times, and with required evidence of the industrial process that will happen within the facility. "If they fail to substantiate that the process actually took place, they will be required to pay the corresponding import duties," the firm wrote. "Additionally, only authorized customs brokers and carriers will be permitted to import and transport goods destined for the Strategic Bonded Facility regime, reinforcing control and traceability of operations."
The reform will allow courier companies to process clearance of parcels under simplified procedures, as long as they have electronic systems that can be supervised remotely. "These provisions elevate existing customs regulations to the Customs Law, providing more certainty to stakeholders," the firm wrote.
The Mexican customs agency will be authorized to seize goods if they are labeled improperly, or if the custodian didn't keep them at a registered address.