Mexico: Car confusion as Customs cracks down

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Mexico: Car confusion as Customs cracks down
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Story by : CR Staff

Reports of hundreds of foreign-plated cars seized in Puerto Vallarta
appear to have been grossly exaggerated
Mexican Customs officials say foreigners driving U.S. or Canadian-plated
vehicles who change their migratory status from Tourist to FM-3 or FM-2
will be obliged to make a one-time trip to the border to update their
importation permits. The same rule will also apply to other migratory
status changes, such as from FM-3 to FM-2.
Enactment of this regulation, which has not been enforced for more than
15 years, appears to be part of a broader policy shift to crack down on
the illegal importation of foreign-plated cars into Mexico.
Under current interpretation of Article 106 of Mexican Customs law,
authorities allow foreigners with FM3 no-inmigrante and FM2 inmigrante
visas to keep their cars in the country for the period their documents
are valid. This law has not changed, but there has been a slight
reinterpretation of Article 106.
Carmen Lopez of the legal department at Aduana (Customs) in Guadalajara
told this newspaper that it is a requirement that the migratory status
as noted on a person?s car importation permit reflects his real
migratory status. This means that foreigners who brought their cars into
Mexico as tourists but have never taken them out since they changed over
to FM-3 or FM-2, will have to return to the United States and come back
in, or else face the real threat of having their vehicles seized by
fiscal police officers.
However, one legal representative in Chapala said Jalisco authorities
are not enforcing this law yet, but could do so at any time. He said an
undetermined "grace period" seems to be in effect to allow foreigners
time to go the border and update their car permits.
Recent spot checks on U.S.- and Canadian-plated vehicles in the Puerto
Vallarta area set off a wave of rumors on the issue this week, including
some widely off-the-mark postings on an Internet chat room declaring
that Mexican authorities had suddenly prohibited all FM-3s from keeping
their vehicles in Mexico. Some reports said Customs agents had seized as
many as 200 cars in Puerto Vallarta -- the correct figure was around 25.
Lopez also denied the rumor that people with FM-3 no inmigrante and FM-2
inmigrante working papers will no longer be allowed to keep their cars
in Mexico.
According to one source, the vast majority of the vehicles impounded in
Puerto Vallarta were because they were being driven by unauthorized
persons. As far as this newspaper can ascertain, none were seized as a
result of the aforementioned new interpretation of Customs law.
Apart from the car owner, the only additional people authorized to drive
a foreign-plated vehicle in Mexico are the registered owner's spouse and
close family (children, parents, siblings). Others may drive the vehicle
only when the owner is a passenger.
Lopez confirmed that FM3s and FM2s are still permitted to keep their
vehicles in this country while annual renewals (prorrogas) are being
processed. If a foreign citizen continues to renew his status in the
same category after the five-year FM-3 or FM-2 period has concluded,
neither does he nor she need to go to the border to update an
importation permit. Those who choose to take out FM-2 inmigrado status,
however, are not allowed to keep a foreign-plated car in Mexico legally.
Lopez said she knew of no new federal advisory ordering regional customs
agencies to start a clamp down. However, several non-governmental legal
sources confirm that a missive was sent to regional offices several
weeks ago from Mexico City concerning the reinterpretation of Article
106 and that this decision was taken at a higher level at least one year
ago.
Owners of cars that are seized have ten days to lodge an appeal. If this
fails, they will almost certainly not get their vehicles returned and in
addition will be fined substantially.
If stopped by fiscal police officers, drivers of foreign-plated cars
must show their importation permits and, if asked, a copy of their
immigration visas (by law Transito or SVT officials may not ask to see
importation permits or immigration visas). Failure to show either of
these documents can result is having one's car seized.
Foreigners may apply for an extension to keep their vehicles in Mexico
after the permitted time expires. In Guadalajara this may be done at
Hacienda's SAT building on Lopez Cotilla, directly across from the
entrance to the Centro Magno mall. Go to the Department for Safe Return
of Vehicles to Foreign Countries (Retorno Seguro de Vehiculos al
Extranjero) and ask for details on how to apply for an extension.
Hacienda is also cracking down on the sale of foreign-plated cars, an
illegal practice in Mexico. Cars with foreign plates seen to be on sale
at lots, at tianguis (car markets) or advertised in newspapers will be
subject to seizure.


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