US Customs and Border Patrol Memo on Exporting US Used Cars before Importing into Mexico

November 15, 2014
On Nov. 13, 2014,  the US Customs and Border Patrol (CBP) issued a formal memo, reaffirming the 1992 US Customs rules that American citizens must formally export their US-titled used cars,  before the vehicle is permanently imported into any other country.

Here is the key part of the official CBP memo.

“Exporting Used Self-Propelled Vehicles
In accordance with the Foreign Trade Regulations (FTR), the U.S. Census Bureau (Census) mandates filing of Electronic Export Information (EEI) through the Automated Export System (AES) or through AESDirect for all used self-propelled vehicles 72 hours prior to export regardless of destination, value or condition. (Reference: Federal Register Notice 78 FR 16366, Title 15 Code of Federal Regulations (CFR) Part 30.2(a)(1)(iv)(H) and 15 CFR 30.4(b)(5). “

“These regulations apply to all used-self-propelled vehicles. First-time and one-time exports will require completion and submission of all mandatory AES filing requirements 72 hours prior to export. “

Note that the previous CPB rules for $250 fines for private individuals and $10,000 fines for professional importers who do not formally export used American vehicles, still apply.

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Readers who want to read the entire memo, including FAQ’s and answers can get all the details at:  http://yucalandia.com/us-customs-and-border-patrol-memo-on-exporting-us-used-cars-before-importing-into-mexico/

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For more details on Mexican Import/Aduana rules, please see our main article at:
Importing & Driving a Car in Mexico
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NAFTA Agreement Effects on Importing US/Canadian Used Cars into Mexico

November 12, 2014
There have been internet reports from facilitators describing how Aduana’s rules for importing used cars will be changing on Jan. 1, 2015. One version says that cars older than 10 years will not be allowed, except for the standard “classic car” policies.

Since some of Mexico’s past changes to Aduana rules for importing Canadian and US used cars have been driven by NAFTA agreements, it seemed like time to review the NAFTA guidelines/limits that are running-in-background to know NAFTA’s Jan. 1, 2015 requirements.

Since we are neither lawyers nor NAFTA experts, we are left providing quotes of the NAFTA agreement that fit this issue from an OAS source that was published and copyrighted in 2014 (current?):   http://www.sice.oas.org/trade/nafta/anx300a1.asp

North American Free Trade Agreement   Annex 300-A
Trade and Investment in the Automotive Sector

Appendix 300-A.2: Mexico
Auto Decree and Auto Decree Implementing Regulations

Used Vehicles
24. Mexico may adopt or maintain prohibitions or restrictions on imports of used vehicles from the territory of another Party, except as follows:

(a) beginning January 1, 2009, Mexico may not adopt or maintain a prohibition or restriction on imports from the territories of Canada or the United States of originating used vehicles that are at least 10 years old;

(b) beginning January 1, 2011, Mexico may not adopt or maintain a prohibition or restriction on imports from the territories of Canada or the United States of originating used vehicles that are at least eight years old;

(c) beginning January 1, 2013, Mexico may not adopt or maintain a prohibition or restriction on imports from the territories of Canada or the United States of originating used vehicles that are at least six years old;

(d) beginning January 1, 2015, Mexico may not adopt or maintain a prohibition or restriction on imports from the territories of Canada or the United States of originating used vehicles that are at least four years old;

(e) beginning January 1, 2017, Mexico may not adopt or maintain a prohibition or restriction on imports from the territories of Canada or the United States of originating used vehicles that are at least two years old; and

(f) beginning January 1, 2019, Mexico may not adopt or maintain a prohibition or restriction on imports from the territories of Canada or the United States of originating used vehicles. “

Again, as we are not legal professionals,  we can only take “clause (d)” at face value – that 4 year old and older US and Canadian used cars will be eligible for import into Mexico.

As in other complex legal agreements, there may be other clauses that modify or overrule this prescription,  allowing Mexico to set different policies or add modifications,  but when we review the dates of past changes in Aduana import policies, we find that they agree with the NAFTA requirements listed above.

in the meantime:  We’ll keep digging into this to develop a final story, and welcome insights from readers.

Disclaimer:  All information presented on Yucalandia is for educational and entertainment purposes only.  Please contact a licensed professional for appropriate legal advice.
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For more details on Mexican Import/Aduana rules, please see our main article at:
Importing & Driving a Car in Mexico
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Turn in Your Mexican Residente Temporal Visa by the Expiration Date

November 9, 2014 Update
We have gotten 3 separate reports this past week from travelers who had allowed their Residente Temporal permits to lapse, and then went through a border crossing.   Each of the 3  travelers handed over their old expired Residente Temporal cards, and all 3 were scolded for not submitting their Residedente Temporal card by the expiration date.  One of the three did this at the Nuevo Laredo crossing, while the other 2 did this at the Chetumal/Belize crossing.

None of the 3 were automatically granted the Visitante visas they requested.
The 2 who allowed their RT visas to expire while they were in Mexico, were assessed $$ penalties for not surrendering their Residente Temporal visas by their expiration dates – but both were given Visitante visas after paying the penalties.  The third person, who had been hospitalized for brain tumor surgery in the USA when her RT visa expired, crossing at Nuevo Laredo in October 2014, long after INM’s 55 day grace period for RT’s who are outside Mexico,   was hassled by the INM agents – forced to go to the back of a 15 person line  to wait for 90 minutes – was then scolded again – and was finally granted the 6 month Visitante visa she had asked for at the beginning, with no penalties.

Based on these 3 reports,   there may be penalties up to $50 pesos per day for allowing a Residente Temporal visa to expire.   If this is correct,  we can save ourselves some hassles and delays if we surrender our Residente Temporal visas by their expiration date.

We welcome updates from our readers on this and other immigration issues.

For more details on Mexican Immigration rules, please see our main article at:
Current Rules and Procedures for Immigration, Visiting, and Staying in Mexico
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More Changes to Mexican Immigration Law Coming October 17, 2014

October 10, 2014:
The well-respected Mexican attorney, Lic. Spencer McMullen of Chapalalaw.com, offers this latest update to Mexican immigration rules and policies, based on the Oct. 10, 2014 DOF:

http://www.dof.gob.mx/nota_to_doc.php?codnota=5363602

“HUGE Changes today to Mexican immigration law
These changes apply to visas issued at Mexican consulates outside Mexico. I am assuming that there will be a publication soon applicable to people renewing within Mexico to harmonize the new lower financial requirements.

Reduced income requirements for temporary residence, new income / asset requirements:
Balances in bank 5,000 days minimum wage (67.29 pesos) $336,450 pesos or $25,164US
Monthly income 300 days minimum wage (67.29 pesos) $20,187 pesos or $1,510US
1. Original y copia de comprobante de inversiones o cuentas bancarias con saldo promedio mensual equivalente a cinco mil días de salario mínimo general vigente en el Distrito Federal, durante los últimos doce meses; o
2. Original y copia de los documentos que demuestren que cuenta con empleo o pensión con ingresos mensuales libres de gravámenes mayores al equivalente de trescientos días de salario mínimo general vigente en el Distrito Federal, durante los últimos seis meses.

Permanent residents have same income requirements but lower asset requirements:
Balances in bank 20,000 days minimum wage (67.29 pesos) $1,345,800 pesos or $100,658US
Presentar los documentos que acrediten alguno de los siguientes supuestos:
a. Jubilados o pensionados:
1. Original y copia de comprobante de inversiones o cuentas bancarias con saldo promedio mensual equivalente a veinte mil días de salario mínimo general vigente en el Distrito Federal, durante los últimos doce meses, o
2. Original y copia de los documentos que demuestren que cuenta con pensión con ingresos mensuales libres de gravámenes mayores al equivalente de quinientos días de salario mínimo general vigente en el Distrito Federal, durante los últimos seis meses.

Lic. Spence McMullen, Mexican licensed attorney (Cédula #7928026) and official court translator (Perito Traductor). Mx 376-765-7553″

We’ll report more details as they become available.
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For details on visiting or moving to Mexico, see our main immigration article at: ~ Current Rules and Procedures for Immigration, Visiting, and Staying in Mexico
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New Rules Announced for Permanently Importing Used Cars into Mexico

September 17, 2014:
The Mexican Federal Government recently put on a push to stop illegal imports of American used cars into Mexico.   This new effort has taken several forms:
~ As of Sept. 1, 2014,   SAT has issued new rules for permanently importing used cars from the United States.   The biggest change is that the individual importing the used NAFTA car into Mexico must first prove that the car has been formally EXPORTED from the USA following US CBP laws.

This means that the US title on every used car permanently imported into Mexico must be first stamped “EXPORTED” by US CBP.     US Customs and Border Patrol have had this requirement on the books for over 20 years, but the rule has not been followed by most Americans who bring their cars into Mexico.   If you used a licensed Customs Broker to permanently import your car into Mexico, with a CBP check at the US-Mexico border, then they likely did the formal export.   We at Yucalandia have another article waiting for publication on how the process works with CBP, but need some final confirmatory details from CBP before publishing.

We here at Yucalandia have waited to post these Mexico’s new rules, until there was confirmation in public media:   http://www.jornada.unam.mx/2014/09/07/estados/025n1est

The second prong of the Mexican Federal Government’s actions to stop the illegal importation of used American cars into Mexico involved charging 17 Customs Brokers at the US-Mexico border, along with some Mexican Judges, Magistrates,  Mexican Aduana border office managers, Aduana officers, et al.

As a result,   all permanent imports at the border have been suspended this past week, and there is no formal word yet on when they will begin again – this time following both US and Mexican laws.

Since the new laws for importing US cars into Mexico require having the  US title formally stamped “EXPORTED“,   and since the only way to get your US title stamped this way REQUIRE taking the car to a US CBP border station,   we really cannot see how “paper-only” imports can continue under these new laws.

We’ll report more details as they become available.
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For details on driving in Mexico, see our main article on importing cars at: Importing & Driving a Car in Mexico http://yucalandia.com/driving-in-mexico-issues-fun/importing-driving-a-car-in-mexico/ .

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Are you up to living in Mexico?

August 30, 2013:

Our daughter, Vero, sent me this short email late yesterday:
Steve, Did that work? I just tried calling the magic jack number.

8:45 PM (11 hours ago)
Reply:
To: Vero
Hi,
We have been exploring ever deeper levels of tech-hell the last 2 days.

Yesterday: a super-close FLASHBANG lightning strike took out the wired/ethernet-cabled-half of our Cablemas router, and also ruined the HDMI output on our ROKU-TV box. Still, the wireless side of our Cablemas router still worked…

Mexican Lightning

 

 

 

 

 

 

Think your $10 powerstrip “surge protector” is enough?   We had all our electronics circuit breakers on a $1,000 peso power conditioner – with 5 year guarantee of full protection for electronics.    This close strike got past the conditioner, plus it ruined neighbor Don Francisco’s Telmex phone service ~ (which is still out, and may be out for days.)

Fully hopeful of getting full internet back,  today,  I pedaled over to the Cablemas office (cycling in our steamy-summer tropical Yucatán jungle heat is better than it sounds, because pedaling makes its own breeze, so you feel OK,  until you stop, when heat from your core explodes out through your pores …   ooops, back to the Cablemas office … )   – sat in the chairs Sitting in Chairs – made apologies for my poor-Spanish by offering that we could speak either “su Ingles o mi Español malo” … “Su Español malo, por favor, Jeffe.“-  had a computer-terminal tech look at our damaged router – all to hear him say “the soonest we can get you a router is next Miercoles (Wednesday)…”   5 days out – but at least the wireless part of the Cablemas router works to beam weak signals around through our massively thick stone walls – and … they let me keep the damaged-limping router.

next level of tech-hell?   The Cablemas router was connected to the Cablemas cable in our home-office – making the wireless signal go through 2 or 3 thick mamposteria walls – knocking down the signal – making Skype and laptops and Slingbox work poorly.

next level of tech-hell?  I decided, “Oh well heck, I’ll just give up and move my computer and TV stuff into the office PC computer – next to the router… ” It turns out the lightning strike smoked the network card on our office PC…   burned circuit board

next ever-lower level of tech-hell?   To get better wireless signals:  Move the Cablemas router from the office over into the living room – which means moving/installing cables  into the living room – to allow Maria Alba to use Skype and watch internet streamed movies, and for me to watch some TV.

Out into the rooftop’s  still-blazing sun,  I disconnected our old satellite dish,  moved those cables over to the Cablemas entry-point  ~  cut cables ~ and installed a connector on the old cables, and descend hopefully back into the cool house.  …  My first crude rooftop re-cabling combined with re-purposing the old satellite TV cabling – got decent internet signals (now 3:00 pm) moved into the living room through the old satellite cable – but the signals were a little dirty, plus streaming cut-out and froze briefly under heavy demand.

next lower level of tech-hell?   Went back up onto the roof, replaced a 3-month-old weak splitter with a new union/butt-connector, and installed yet one final new cable connector end, and treated the connections with special NASA corrosion-healing lube.    Returned downstairs …   internet now working 10% better than it ever has … looked promising, until I tried to connect to Slingbox to watch some news about the breaking situation in Ukraine.

next lower level of tech-hell? pixilated Slingbox TV  Slingbox went from crappy early in the day to…

… total shutdown at that point.    rotten TV signal

As I screwed around with cleaning programs on my computer to get rid of junk files and free-up memory and eliminate registry errors, etc, I watched beautifully streaming French TV from a French website to get a little news.

next lower level of tech-hell?

French News PresenterAs I connected, disconnected, and re-connected cables on my laptop computer, the ethernet cable port on my relatively new laptop computer now doesn’t snap in the cables tight anymore…. making ethernet connections flaky…

next lower level of tech-hell?

As I got the laptop connections to work, … the Cablemas router completely lost its connection to the internet – (but it did work for 30 minutes of sweet sweet French news) causing me to suspect either my new roof-top connections (wind, .???) …  or … that yet a fresh new component part of the Cablemas router mother-board had failed.

192.168.0.1/   =>   computer probes  the Cablemas router’s diagnostic software – and finds both of our laptop computers were connecting to the Cablemas router just fine, but there were absolutely no signals coming into the Cablemas router from Cablemas – and no outgoing connections… NOTHING – both sets of 10 values (in and out) had “~ O dB ~ ” … began furiously resetting the router,  multiple times … nada ….   I have never seen that before in 8 years here – as there are usually at least some tiny voltages dribbling in…

next lower level of tech-hell?   Up to the still-hot roof the check things  (yes, it’s still hot at 4:00 pm) …. it all looks good…

next lower level of tech-hell?    Compulsively check the router and laptop every 10 minutes to see if any internet signals were coming from the limping Cablemas router… nada

Gave up – got a cool drink – and took a luxurious cat-nap.

next level of tech hell?    Clients at the apartment building call to say: “Our internet is out...”

I packed-up my laptop, cables,  and router over to the apt. building and found that at least all three routers in the apartments were fine, … but no Cablemas internet nor TV…

Gave up, explained to the tenants that “everybody’s Cablemas is out in our neighborhood” – that we have an appointment scheduled in 5 days for Cablemas techs to come out -  and resigned myself to no TV nor internet until next Wednesday’s Cablemas appointment – on to grilling hamburgers.

next lower level of tech-hell?   The edges of 2 burgers burned-black due to a newly rusted-out hole in the gas grill’s burner.    burnt burger

rest of the burgers tasted great…

Talked with neighbor Don Francisco about their Cablemas service – to find out that all of their telephone, internet and TV (from different providers) were all out…

What book to read for the next days…

Decided to re-connect our Cablemas router back to the new-livingroom-cable-connection ~ to try it one last time. ~ … lights… ~  more lights … ~ ALL the lights flashing merrily…. IT ALL WORKS…. with the strongest best signals ever to our computers and TV…

Read email:   Vero wrote to say that the power at their house had been fluctuating all day – screwing up their DirecTV and my Slingbox. …. Checked Slingbox: WORKS GREAT….

Decided to try to get Magic Jack working for Maria Alba and Vero to talk….

“back to the previous programming” :   Our brand spanking new Magic Jack gives a display on Maria Alba’s laptop…   but won’t connect to the Magic Jack server… at all.      Is our new Magic Jack partly cooked? (the previous new-style Magic Jack died after just 3 months)  or is Magic Jack’s server down….

Realize that we are in the middle of a true tropical heat wave…  and heat is building inside the house.

My solution?

ice cold beerIce cold beer & Advil…

kick-back, and enjoy the PBS newshour from PBS-Colorado  to  103W satellite over Ecuador – back to Colradp by Nate & Vero’s DirecTV via Slingbox  via  Century Link   via   Slingbox’s far-off server   via   Cablemas’s server   via   our limping-router via   wireless signals to my laptop…

cheers!

me,  stubborn?   nah….

p.s. Vero, You can now call your mom using Skype.

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Update on “Paper-Only” Permanent Car Imports into Mexico: Import from the comfort of your couch.

August 18, 2013:
Here’s an update on how the latest amparos (similar to a Temporary Restraining Order) are working at the Mexico-USA border to allow us foreigners to legally and permanently import our foreign-plated cars without taking the car to the border, (called “paper-only imports”) .  An open letter on this from Oscar Angulo was posted on Mexconnect.   As with other Yucalandia contributors, Oscar has years of a fine reputation for consistently giving good assistance to Americans and Canadians here in Mexico:

”  By all means I will give you an explanation, as to what are the basics to realize this new manner in which to nationalize cars without taking them to the border.

As you know there are only limited “windows of time.”
In Article 101 of the customs law one can find the stipulation for making a pedimento “A3.”
And in regulation 2.5.1 is found the procedure of how to realize this nationalization, there it tells you that you have to present the auto at the border or port of entry.
And is against which we entered an “Amparo” (temporary restraining order entered by a judge) against this regulation, in place of the regulation we can realize the pedimento without the necessity of presenting the vehicle.
The procedure is very simple. One must send photos of the auto in a Pemex or in front of an Oxxo, in order to demonstrate precisely that the auto is in México and is not detained or in a foreign country.
One must send the title of ownership.
-copy of identification
-copy of a comprobante of domicile (electric bill in name of owner, eg.)
-put down a code or application number that is assigned.
-and as is logical, send a deposit of the total of the cost.
The process takes three work days and the original document are sent by a messanger service.
So, it is per another “Amparo,” which presents the present “window of time.” Apparently, most gringos think the nationalization of cars is a simple, stable, and direct process. However, the whole process is sort of “held together with Scotch tape and ping pong balls.” Remember when I announced that nationalization was suspended, and people hee-hawed me. It was suspended because several “Amparos” had expired. At that time, fortunately, the agents were able to get those “Amparos” re-instated, but there was no guarantee…..AND THERE NEVER IS…..so the whole process is sort of fragile. Of course, if the Mexican automobile industry had its preference, Residentes Permanentes would be obligated to buy Mexican cars……I know NAFTA, but, and this is hard to accept, “SO What!”
So, at the present time one can take care of the “window of opportunity” created by the Amparo (temporary restraining order) against having to present the car at the border. Who knows how long this will last….maybe a long time, or maybe the “window of time” will suddenly slam shut!
Sincerely,
Tom C. Whitmore

Original from Óscar:
Hola mi querido amigo Tom.
Claro que si, te doy una definicion, en que se estan fundamentando para
la realizacion de esta nueva modalidad de hacer carros sin traer a la frontera.
Como sabras solo son “ventanas de tiempo” .
En el articulo 101 de la ley aduanera podran encontrar lo estipulada para hacer un pedimento “A3″.
Y en la regla 2.5.1 Viene el procediemiento, de como realizar esta nacionalizacion,
ahi te menciona que tienes que presentar el auto en la frontera o puerto de entrada.
Y es en donde entramos nosotros con un “Amparo” a esta regla. en vez de traerlo
podemos realizar el pedimento sin necesidad de presentar el vehiculo.
EL procedieminto es muy simple. HaY que mandarme fotos del auto en un pemex o en un oxxo, para demostrar que efectivamente el auto esta en Mexico y no se encuentra detenido o en el extranjero.
Mandar copia del titulo de propiedad.
-copia de identificacion.
-copia de comprobante de domicilio.
-poner un codigo que se asigna.
– y logico hacer el deposito en su totalidad del costo.
El tramite tarda 3 dias habiles y se envian documentos originales por paqueteria.
Esperando te encuentres en perfecto estado de salud y quedo a tus apreciables ordenes.. Un fuerte Abrazo.

LIC. Oscar Fco. Angulo. *PRICES SUBJECT TO CHANGEAnCo Comercializadora.
Tel 631-31-52571
Nex. 62*259663*2
Cel Mex 045 6311201015.
Cel Usa 520 988 5060 “

http://www.mexconnect.com/cgi-bin/forums/gforum.cgi?post=201435;sb=post_latest_reply;so=ASC;forum_view=forum_view_collapsed;;page=unread#unread

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Disclaimer: This information is not meant as legal advice. It is for educational and informational purposes only.  See a qualified professional for advice on important issues.

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