Mexico Update: CREATION OF THE NATIONAL CUSTOMS AGENCY

On December 21, 2021, the DECREE was published in the Official Gazette of the Federation by which they add and reform different provisions to the Internal Regulations of Finance and Public Credit, to the Internal Regulations of the Tax Administration Service, and by which the Internal Regulations of the National Customs Agency of Mexico are issued, thus creating the National Customs Agency of Mexico (ANAM), replacing the General Administration of Customs, as a decentralized Administrative Body of the Ministry of Finance and Public Credit, the same decree that entered into force on January 1, 2022.

In this sense, the purpose of the ANAM is to assist the Tax Administration Service (SAT) in the exercise of its powers in customs matters, and is exclusively responsible for the direction, organization and operation of the customs and inspection services, being that the main objective of its creation was to strengthen the customs system to guarantee more efficient services in export and import, ensure compliance with the payment of contributions and benefits, strengthen national security at access points to the country and harmonize customs and inspection processes.

We must emphasize that in the Internal Regulations of the ANAM very important aspects are specified regarding its organization, the powers of the head of said agency, the public servants who may assist it in its functions, the headquarters and territorial circumspection of the Border, Maritime and Interior Customs, noting that now the Border Customs will be coordinated by the Ministry of National Defense, the Maritime by the Secretariat of the Navy and the Interior directly by the ANAM. These changes are mainly due to security aspects and, with the aim of reducing corruption in customs and increasing security at ports and borders.

It is important to mention that all matters that are already pending in the General Administration of Customs, as well as those attended by the administrative units of the SAT that are modifying their attributions under the Internal Regulations of the National Customs Agency, will be processed until their conclusion by the ANAM.

Finally, this decree formalized the creation of the 50th customs office in the country: that of the Felipe Ángeles International Airport, in the State of Mexico. With regard to the issue of detection of counterfeit products or infringers in customs, we have noted that activities will continue in terms of notices to trademark owners, the registration of trademarks in the customs database for the detection of suspicious shipments and training, although ultimately there will be delays in many of the activities mentioned, which we will be informing you duly.

By Israel Ledesma Meléndez and María del Mar Manriquez Martínez, Jáuregui y Del Valle, S.C., Mexico, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact mexico@transatlanticlaw.com

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