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Mexico

Best PracticesCBPEventsImportIPR, Trademarks and LogosSpeakingU.S.Customs

DTL’s Jennifer Diaz will moderate panel at the U.S.-Mexico Logistics & Supply Chain Leader Meeting

posted by Jennifer Diaz September 6, 2016 0 comments

UntitledWe strive to keep our readers updated on import and export compliance issues and events. Here is another chance for you to learn what it takes to trade with Mexico. Join Diaz Trade Law’s founder, Jennifer Diaz, at U.S.-Mexico Logistics & Supply Chain Leader Meeting this Thursday, September 8, 2016 at the Four Seasons in Brickell.

Ms. Diaz has been appointed as the moderator for panel discussion on Challenges and Opportunities in Cross-border ECommerce.  The panelists include:

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NAFTA

NAFTA and Mexican Government Questionnaires to U.S. Exporters

posted by Customs & International Trade Law Blog December 13, 2011 0 comments

In the past year, the Mexican Government (SAT) has issued questionnaires to exporters from the United States which provided a NAFTA Certificate of Origin to the Mexican importer. The North American Free Trade Agreement (NAFTA) Certificate of Origin is always created and signed by the U.S. exporter or producer, and always provided to the Mexican importer at the time of importation so that the Mexican importer may importer the merchandise into Mexico without paying any customs duties.    Years later, the Mexican Government may send a questionnaire to first the U.S. exporter, and then the Mexican importer, demanding proof that the merchandise really "originated" in the United States and properly entered Mexico without any payment of customs duties. 

The problems are (1) the U.S. exporter falsely completed the NAFTA Certificate of origin either intentionally or by ignorance, (2) the U.S. exporter relied on the U.S. producer who provided misleading information to the U.S. exporter, or (3) the records establishing that the merchandise originated in the United States are not available.

I usually recommend the U.S. exporter who received a letter from the SAT of the Mexican Government to respond. Moreover, it is best to seek the assistance of the supplier of the merchandise to the U.S. exporter and the Mexican importer. If the questionnaire is not answered properly and timely, the SAT will deny the NAFTA preferential treatment, and demand payment of customs duties, late fees, interest, and penalties from the Mexican importer, plus perhaps antidumping duties.  The Mexican importer may end up paying those charges to the Mexican Government agency and then seek full reimbursement, plus legal fees, from the U.S. exporter.

ImportOWIT

OWIT – South Florida to Host Ambassador Juan Miguel Gutierrez-Tinoco

posted by Jennifer Diaz September 1, 2009 0 comments

On September 9, 2009, the South Florida chapter of the Organization of Women in International Trade (OWIT) will host Ambassador Juan Miguel Gutierrez Tinoco, the Consul General of Mexico. This month, OWIT-South Florida’s focus is Mexico at our monthly luncheon. The luncheon will take place at the Sofitel Hotel from 11:30 to 1:00 p.m. I hope you make it!  Register here.

Did you know Mexico is the third largest trading partner of the United States? Mexico’s top import into South Florida is gold, up by 184.17% according to World City’s 2009 Miami Trade Numbers.

Save the Date!

Please save November 12, 2009, for our annual International Business Women of the Year (IBWOY) awards luncheon, honoring exemplary women in the South Florida international trade community.  While the details are being fine tuned, I can say that we are doing something different this year. Typically, we raise money for a scholarship for a university student.  However, this year, so many of us have been touched by cancer.  We recently lost Bunny Schreiber, a beacon in the South Florida trade community, and one of our own Board members is currently fighting cancer. Therefore, this year we would like to raise money for breast cancer awareness and will donate proceeds of our silent auction to the Susan G. Komen foundation. If you have any items you’d like to include in the auction, or are interested in sponsorship, please contact me.

I have to say, I personally have truly enjoyed being a Board member of OWIT for the past four years, and hope you too will get involved!  We’d love your feedback for future events, and would appreciate new faces on our committees!

 

U.S.Customs

Mexico Fires its Customs Officials

posted by Customs & International Trade Law Blog August 27, 2009 0 comments

Did you hear that Mexico replaced all 700 Customs Inspectors?  It did so because the Mexican Customs officers were considered corrupt, allowing undeclared merchandise (including drugs and weapons) to cross into and out of Mexico.  The replacement officers are allegedly specially trained to collect the tax revenues that the Mexican Government depends upon, and prevent undeclared merchandise from entering the country (i.e. smuggling).  Mexico depends upon collection of revenues by the Mexican Customs authorities much more than we do in the United States with the customs duties and fees collected by our U.S. Customs and Border Protection (CBP) officers.  Most importantly, the new Mexican Customs officials are supposed to be specially selected and trained so they will not be susceptible to the same enticements that corrupted the former 700 Mexican Customs officials.  Mexican Government officials say not to worry about  the new Mexican Customs officials as over 70% of the new Mexican Customs officials are colleged educated, as opposed to just 10% for those who were fired.

Do you believe any of this nonsense?  This is not the first time that the Mexican Government has fired huge numbers of its Customs officials.  It happened before and it will likely happen again.  Mexican Customs officials need better salaries and better working conditions, not college degrees.

In contrast, if an international passenger or importer or exporter attempted to bribe a U.S. Customs officer, the chances are excellent that the U.S. Customs officer would promptly arrest or take other similar serious and immediate action.  That is not to say there are not any bad apples within U.S. Customs –  there always have been and always will be, just like any other large organization.  Just recently, a U.S. Customs officer pled guilty to stealing a laptop computer from an international passenger who landed at the Philadelphia International Airport.

We’re not going to address the operational inefficiencies that exist within CBP in this post, but when it comes to integrity, my opinion is that CBP passes the test with flying colors.  CBP identifes its “Core Values” as Vigilance, Service, Integrity. As a former attorney with the United States Customs Service in Miami, I still prefer the former core values of “Honor, Tradition, Service.”

U.S. Customs has long had its own Office of Internal Affairs. Plus, U.S. Customs is an agency within the huge U.S. Department of Homeland Security which has an Office of Inspector General.  U.S. Customs enjoys a positive worldwide reputation among Customs Administrations throughout the world.  Who knows, maybe it’s because all U.S. Customs officials have at least college, and perhaps masters or doctorate degrees.