Overview and Background
The Mexican Chamber of Deputies approved a reform to the Customs Law proposed by President Claudia Sheinbaum. The new law aims to strengthen controls and sanctions against customs agents, making them solidarily responsible for all foreign trade operations they participate in.
Key Changes in the Customs Law Reform
- Customs agents will now be held solidarily responsible for foreign trade operations, eliminating previous exclusions of responsibility.
- Agents must verify the truthfulness and accuracy of information provided by importers or exporters regarding goods, as false or misleading information previously allowed agents to avoid responsibility.
- Patents and authorizations for customs agents and agencies will now have a validity period of 20 years, with the possibility to extend for another 20 years.
- Agents are required to certify every three years, and a Customs Council will be established to grant, renew, suspend, or extinguish patents and authorizations.
Government’s Perspective
The president of the Hacienda Commission in the lower house, Diputado Carol Antonio Altamirano (Morena), argued that the reform modernizes an outdated customs law to combat corruption. He emphasized that the stricter controls are necessary due to the growing magnitude of international trade and challenges posed by organized crime.
Opposition Concerns
Despite the approval, opposition parties expressed concerns that the reform would increase bureaucracy, shift responsibility to customs agents rather than public officials, and fail to address the root causes of illicit practices like smuggling.
- Opposition parties argued that the reform does not effectively combat corruption or the illegal diversion of taxes (huachicol fiscal).
- Diputado Roberto Sosa Pichardo (PAN) pointed out the absence of sanciones and multas for corrupt officials in the proposed law.
- Diputado Gustavo Adolfo de Hoyos (MC) stated that corrupt officials, not customs agencies, benefit from the illegal diversion of taxes.
- Diputado Emilio Suárez Licona (PRI) claimed that the reform does not correct legal flaws that originated huachicol fiscal and would only increase costs for consumers.
- Diputada Blanca Leticia Gutiérrez Garza (PAN) emphasized the need for fiscal intelligence, technology, transparency, and firm sanctions against corrupt officials to combat huachicol fiscal.
- Diputado Federico Döring (PAN) criticized the lack of a government estimate on additional tax revenue from the new Customs Law.
Next Steps
The reformed Customs Law now moves to the Senate of the Republic for analysis, discussion, and voting in the coming days.
