The U.S. Chamber of Commerce (USCC) has called for better results from the ex officio customs piracy investigations conducted by Mexico’s National Customs Agency (ANAM).

Between January and December 2025, foreign trade transactions in Mexico totaled 21,431,945, an annual decline of 2.3%. This volume was distributed as follows:

• Exports: 9,563,486 transactions (-0.5 percent).
• Imports: 11,868,459 transactions (-3.8 percent).

Customs Piracy Investigation

Customs is the main source of tax revenue in Mexico. In 2025, cash revenue from foreign trade transactions totaled 1 trillion 449,461.4 million pesos. This amount represents a year-over-year growth of 15.5% in real terms.

Changes are taking place in Mexican customs driven by the digitization of processes, real-time shipment traceability, and the shared responsibility of customs agents in foreign trade operations.

Mexico has long faced challenges in the fight against illicit trade and product counterfeiting. 

The current Customs Law only grants authorities the power to initiate proceedings, without the ability to seize or destroy items that infringe on intellectual property rights. 

Every suspicious shipment requires a warrant from the Attorney General’s Office for inspection and seizure. 

While administrative procedures can be useful for identifying known offenders, the USCC finds them costly and time-consuming. 

Consequently, rights holders are increasingly turning to the Specialized Unit of the Attorney General’s Office to pursue criminal charges. 

However, budget cuts have diminished the USCC’s effectiveness in conducting raids and seizures. 

USMCA and Intellectual Property

Despite the USMCA’s guidelines, the current Mexican legal framework lacks clear mechanisms for border authorities to act ex officio against goods that infringe intellectual property rights. Neither the Federal Law on the Protection of Industrial Property (LFPPI) nor the Customs Law grants unequivocal powers for this purpose.

The Role of ANAM and IMPI in Combating Piracy

Currently, the burden of seizures falls on the IMPI (Mexican Institute of Industrial Property). Under current legislation, customs agents operate solely in a supporting capacity to the Institute’s determinations.

For its part, ANAM faces serious obstacles to exercising true ex officio authority. In practice, the agency is often forced to notify other government entities before issuing final rulings on infringement cases.

Customs Reforms and E-commerce

Given this situation, the USCC urged the U.S. government to work with Mexico to strengthen enforcement of Chapter 20 of the USMCA.

The agency also called on Mexican lawmakers to promote anti-counterfeiting reforms. The goal is to empower customs authorities to independently seize and destroy counterfeit goods, enabling them to more effectively combat smuggling in small packages and the rise of online sales of counterfeit products.