Grupo Bimbo questioned the capacity of Mexico‘s customs personnel, as they are mainly made up of the Armed Forces.
Mexico reorganized its customs authority under the National Customs Agency (ANAM), although certain customs functions are still performed by the former Tax Administration Service (SAT) and, increasingly, by the Mexican Armed Forces.
Mexico’s customs personnel
On January 1, 2022, Mexico established ANAM, which replaced the General Customs Administration (AGA), formerly under SAT.
“The personnel of the different Customs is mainly made up of the Secretary of the Navy and the Secretary of National Defense, who are not fully trained or familiar with customs matters,” said Grupo Bimbo.
ANAM has several powers to fulfill its objective. Among them is the ability to collect taxes and duties related to foreign trade, as well as their accessories.
In addition, it may determine and liquidate such taxes. It also has the power to direct customs and inspection services.
On the other hand, it is authorized to carry out verification operations. These are focused on confirming the legal stay of merchandise within the national territory. They also include the inspection of goods in transport.
Finally, it can review or confirm the correct origin of goods, among other functions relevant to customs control.
Foreign trade
Despite the institutional change, the requirements for importing and exporting, as well as the procedures for determining the customs value of imported goods, have not undergone substantial modifications since at least 2017. However, since then, Mexico has continued to implement measures to facilitate trade, such as electronic customs clearance (paperless customs), the use of consolidated pedimentos, and the improvement of the Mexican Foreign Trade Single Window (Ventanilla Única de Comercio Exterior Mexicano, VUCEM).
According to Grupo Bimbo, since ANAM’s entry into operation, it has been a process of adaptation, since the systems and infrastructure have had to be created quickly in order not to hinder Mexican foreign trade.
Unlike the previous model, ANAM now integrates officers from the armed forces in key management and compliance functions. Many of these officials have no experience in customs or trade facilitation.
Although ANAM assumed control of the management and operation of Mexican customs offices, SAT retained important functions. These include the collection of taxes related to foreign trade and the management of computer systems necessary for customs clearance.
According to the United States Council for International Business (USCIB), this reorganization has raised concerns. There are both legal and operational concerns. This has led to more legal uncertainty for businesses, as well as longer delays in customs clearance.