Surviving Yucatan

May 12, 2013
In the latest round of pitfalls facing people who nationalize their foreign plated TIP cars, there are reports out of Chapala that some lawyers and brokers are issuing fake pediments and giving out plates that are off stolen cars. Lic. Spencer McMullin reports that this becomes a big headache for the driver if you are pulled over, and the police find you are driving a car that shows up as being stolen. Police take car theft seriously, and he points out that they may approach the driver with guns drawn…  http://www.chapala.com/webboard/index.php?showtopic=43893#entry339164

If you suspect there might be a problems with your plates, you can check them at this Mexican Federal Govt. website:
http://www2.repuve.gob.mx:8080/ciudadania/servletconsulta

You enter your Plate Number, VIN, or Folio ID.

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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read-on MacDuff . . .

May 3, 2013
Here’s a fun new post from the Chapala.com webforums:

Since everyone has been talking about going to the border, here is how you do it at GDL airport………

1. Go to customs air freight terminal.  It is up around the hotel.  Ask anyone.
2. Find the entrance gate
3. Tell the guard that you want to nationalize a car.  He will point you to a broker.  He will want you to leave ID and give you a badge.
4.  There are a bunch of brokers offices, take the guards recommendation.

You will need:
– 5 pictures of the car, front, back, left, right, and of the VIN #.  I think either the one on the door or on the dash will work.  Take both.
– The original title and 2 copies
– Proof of residence and 2 copies (utility bills)
– 2 Copy of visa or MX drivers license

You have to fill out a form on the car.  Year, number cylinders, engine size, # lug nuts on the wheels, manual/automatic, diesel/gasoline. 2 wheel or 4 wheel drive.

Price is:
2000 older  23,500
01-04         25,500
05-07         28,500
Before 05   $35,000 (I think this is right) (???**)

This is just to get it nationalized, not plates.  Plates come from somewhere else.
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Looks like its time to make a run out to Merida’s airport…. Any experiences from Cancun’s Airport Aduana office?     **I suspect that the $35,000 pesos quoted for 1 to 4 year old cars is not correct.
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read-on MacDuff . . .

May 2, 2013 from Mexconnect:
“For the first time ever, we (I was driving) were pulled over by of all things a Federale   and asked to justify our expired TIP.   It was outside of Customs near the Puerto Vallarta airport at about 7:30 pm(Monday, Feb. 24th)

First he asked me if I spoke Spanish, and I said yes. He then asked for my driver´s licence which is Canadian. He then asked me if I had a Mexican driver´s license. I said “no” and he winced. I then told him I didn´t need one since mine was current. (According to Article 38 of the Jalisco traffic laws, all you need is a current driver´s licence from anywhere).

He then asked us about the expired TIP (car permit) sticker on our window. I then pulled out my never-before-needed copy of the Ley Aduanera, which, includes Article 106, explaining we can legally use our cars. He then said a remarkable thing (I´m paraphrasing and also, obviously, translating).

“This is Aduana´s law. I´m Federale.     Aduana´s law has nothing to do with us.  

We are told to take anyone to Aduana with an expired TIP and then they will give a very large multa”

I then said very politely, something like “No. Bajo protesta de decir verdad, este vehiculo es legal. Es muy probable que este ley vaya a cambiar, pero ya no ha cambiado, (Basically, “I swear, this vehicle is legal. It´s very probable this law is going to change, but now, it hasn´t changed).

He then said something to the effect that he didn´t want to impound the vehicle this particular evening and I could go. I then said “Que le vaya bien” and he said “Igualmente”

What I´m doing is printing out a new copy of the law where right there on the first page, it says a big red “Vigente” and that the last revision was April 2012.    Here´s the link.

http://www.diputados…blio/pdf/12.pdf“
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Looks like there are Federales who are being tasked with finding gringos with Residente Permanentes who are driving foreign plated TIP cars, and these police are not feeling very charitable.

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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read-on MacDuff . . .

APRIL 30, 2013
From across Mexico, there have been reliable but curious reports this past week about Aduana offices telling expats who have foreign-plated cars that they should take the car out of Mexico… through the same Aduana port-of-entry where they entered.

This requirement seemed peculiar to us, unless there is a disconnect between Aduana’s various records keeping systems, like local vs. national systems.    Suspecting this, we drilled into the various Aduana systems, using a mole who made a quick turn-around trip out through Matamoros to Houston and then returned back into Mexico a day later through Matamoros.     This mole was particularly well suited to sleuthing out how the various Aduana systems work, because:
~ He originally entered Mexico before the new June 2010 computerized Aduana system was put into place,

~ He got his original TIP from Matamoros,

~ He recently officially cancelled his TIP at the Aduana de Progreso office,

~ He then recently permanently imported that vehicle at the Progreso Aduana office,

~ He also had the vehicle registered and plated with Yucatan license plates, and

~ He exited Mexico from Matamoros, and returned through the Matamoros Aduana & Immigration offices.

Why tell all of this?    At the 25 km point in Tamaulipas, he was stopped, and accused of having a “chocolate”, based on Aduana scanning in his VIN – even though he has Yucatan plates.     Lawyer Spencer McMullin of Chapala reports that there are many brokers are taking $$ from desperate gringos with expired/expiring TIPs and Residente Permanentes, issuing falsely-obtained illegitimate license plates, with NO official pedimento from Aduana to prove the permanent import.    Because of the fake importations and falsely-obtained plates, Aduana and police officers are now on the look-out for gringos driving suspicious cars.

Guess what…    The friend did not think to carry a copy of his pedimento with him => “Go to Jail, Go Directly to Jail, Do not Cross GO, Do not Collect $200…” … was crossing his mind…

Fortunately, it was a slow day at the 25 km Tamaulipas Aduana checkpoint – and the Aduana Supervisor called Aduana de Progreso,   using the suspect VIN number.   Aduana de Progreso VERBALLY confirmed that they had issued a pedimento for the vehicle, and that they had cancelled out the old TIP several weeks earlier.   Results?  The satisfied supervisor came out and told the friend to go on his way – that everything is fine.

For readers who are not astute at connecting the dots:
~ NONE of this friend’s Progreso Aduana information for the TIP cancellation is currently in the Aduana data base, (yet)
~ none of the permanent vehicle importation information is in Aduana’s national pedimento database (yet),
~ nor is it in the Aduana-Matamoros local TIP/VIN database, (yet)
~ nor is it in the Aduana national TIP data base, (yet)
~ nor is it in Aduana Matamoros paper TIP/VIN data system  (yet)….

Which all combine to explain why people with older TIPS, especially those issued before June 2010, may be best served if they exit Mexico, cancelling their vehicle TIP, at the same Aduana port of entry where they got the original TIP – especially if they are planning to drive out of Mexico, and re-enter before Aduana’s fairly slow systems get updated to show the vehicle’s actual status.

It also says that people with permanently imported cars should carry a copy of their pedimento with them,   as  the police and Aduana start to ratchet up their efforts to find and confiscate “chocolates” ( cars in Mexico illegally with either fake license plates, expired TIPS, or being driven by Residente Permanente owners).

If you have permanently imported your car, and want to check if Aduana has officially logged your VIN & pedimento into their database,   check this Aduana website:  http://www.aduanas.sat.gob.mx/soianet/oia_consultarap_cep.aspx CONSULTA RÁPIDA DE PEDIMENTO ESPECÍFICO

Finally, the Matamoros Aduana Supervisor advised that drivers NOT carry the original pedimento in the car, because if the vehicle is stolen, the car can be easily sold using the original pedimento – while a copy is sufficient to prove a proper permanent import but cannot be used to sell the vehicle.

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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

APRIL 24, 2013
The Camara de Diputados has passed changes to Article 27 of the Mexican Constitution affecting fideicomisos, but only parts of the text have been released.

This Constitutional amendment still needs approval from the Senate and a majority of the country’s 32 state legislatures to become law. Summaries of the the law are saying that foreign ownership of land in the 50 km zone for “commercial purposes” is prohibited. … No renting-out your place without a corporation or fideicomiso designed specifically for rentals(?):

One quoted section identifies 4 key points:
“Que el uso de las tierras sea destinado para vivienda única y exclusivamente. Que el uso de las tierras no tenga uso comercial, industrial, agrícola o cualquier otro que implique explotación económica directa o indirecta que derive de un uso a la vivienda o casa habitación. El extranjero deberá convenir con la Secretaría de Relaciones Exteriores, en los términos de la fracción primera, párrafo noveno, del artículo 27 constitucional. En caso de que las tierras sean destinadas a un uso distinto al de vivienda, la ley establecerá los procedimientos para que el extranjero pierda los bienes adquiridos en beneficio de la nación.“

~ These lands are intended exclusively and only for (private) housing.

~ These lands are not to be used for commercial, industrial, agricultural or any usage that directly or indirectly economically exploits these lands, as they are being used for living and (private) housing.

~ The foreign owner must agree(?) with the Ministry of Foreign Affairs, under the terms of the First Part (fracción), Ninth paragraph of Article 27 of the Constitution.

~ In the case where the lands are intended for uses other than housing, the law shall establish procedures such that the foreigner loses their previously acquired benefits (loses rights the property?) to benefit the nation of Mexico. “

These translations seem to prohibit foreigners from buying properties and renting them, within 50 km of the coasts and land borders. The text seems pretty clear that these properties are to be used only for private housing. (?)

Still looking for a copy of the actual text of the bill,
steve

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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

APRIL 24, 2013

A helpful and very reliable reader (Lic. Spencer McMullen of Chapala Law) offered the news that their firm has received the first written notice from Aduana DF ruling that Residente Permanentes are not allowed to have or operate TIP vehicles (Temporary Import Permit – (Permiso de Importacion Temporal de vehiculos).**

This has been the official Aduana policy, as we reported in late February 2013.    We appreciate having written confirmation of the previously oral-only official policy.

Lic. Spencer Richard McMullen (a respected attorney in Chapala) is now advising that Residente Permanentes not drive their TIP vehicles.

As always, Residente Permanentes can get Retorno Seguro permits to drive their vehicles out of Mexico:  Safe Returns / Retorno Seguro Permits for Taking TIP Cars to the Border

**See Lic. McMullen’s Comments on Change in Progreso-Aduana Policy ~ Now Approving Residente Temporal TIP Extensions and http://www.chapalalaw.com/SAT%20Permanente.pdf

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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry