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Car Importation Investigations????


N2Futur

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What Cooper (aka Manuel Dexterity, aka, aka, aka, aka, aka) is saying does not even make sense. If he is the successful businessman he would have us believe, he would import the vehicles to his company name. Therefore enjoying the annual depreciation of assets, write off operating costs, and other tax benefits. Maybe he forgot about that part. If he imported in his company name that would be a commercial importation, an aquisition of company assets. Even if it was true, that all vehicles must be registered in the new program, that will not take effect for another six months. Details of the program indicate that the stakeholders in the new program are all about business and streamlining commercial exports from the U.S.A.. I too am awaiting a reply from U.S. Customs - they say it takes up to three weeks.

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What Cooper (aka Manuel Dexterity, aka, aka, aka, aka, aka) is saying does not even make sense. If he is the successful businessman he would have us believe, he would import the vehicles to his company name. Therefore enjoying the annual depreciation of assets, write off operating costs, and other tax benefits. Maybe he forgot about that part. If he imported in his company name that would be a commercial importation, an aquisition of company assets. Even if it was true, that all vehicles must be registered in the new program, that will not take effect for another six months. Details of the program indicate that the stakeholders in the new program are all about business and streamlining commercial exports from the U.S.A.. I too am awaiting a reply from U.S. Customs - they say it takes up to three weeks.

Chillin, you have absolutely no idea about what can be deducted as a business expense here. SAT won't accept a sales receipt on the purchase of a used vehicle from a private party in Mexico let alone from one in the USA. You need a factura and unless you are running a business then you can't issue facturas. So go back to the drawing board. See if you can come up with another wild claim.

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Mainecoons, who said I was told this by one agent? Who said I volunteered any information? You are making assumptions to fit your opinion of the situation.

On one occasion I was told by US Customs in McCallen

I stand corrected, on ONE occasion.

My opinion is based on the fact that you are the first person I know who has imported a personal car for personal use who claims they had to get it cleared for export. I don't know anyone who has imported more than one car and I do know a number who have imported previous TIP cars without going to the border. They all have Jalisco plates now and several have renewed at least once.

Hence, my opinion is based on experience of my friends and what has been reported here on numerous occasions. I'm not arguing that what you're saying is incorrect, I'm simply pointing out that individuals have been importing cars without doing so. Realistically, once the car is here and Mexican plated, I don't see how anyone up there is going to know about it.

However, the way these governments keep piling stuff on expats it wouldn't surprise me in the least if now they are going to require this. I just looked at all the Mexican government nonsense and expense around cars and decided it was a whole lot easier to sell my U.S. car up there and buy a car here. I haven't regretted that decision in the least.

Update: I've been contacted by someone I consider very knowledgeable about this who suggests based on first hand contacts that Cooper is correct and this export clearance requirement may be much more enforced in the future apparently with the help of the Mexicans. This may happen as part of the Aduana shakeup going on at the border right now.

Going forward, anyone who wants to bring a car in for permanent import had probably better make sure this step is taken or otherwise accounted for. I'm thinking about importing a motorcycle and will definitely include this step if I do so.

It might be a good idea for someone in the know to start a separate thread detailing and discussing just the export clearance step. Hopefully when Spencer gets back from the beach he can update us all on this situation. It doesn't sound like it is too tough to accomplish, just needs a little planning and extra time.

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I stand corrected, on ONE occasion. How many agents did you talk to on that occasion?

My opinion is based on the fact that you are the first person I know who has imported a personal car for personal use who claims they have to get it cleared for export. Hence, my opinion is based on experience of my friends and what has been reported here on numerous occasions.

The way these governments keep piling stuff on expats it wouldn't surprise me in the least if now they are going to require this. I just looked at all the government nonsense around cars and decided it was a whole lot easier to sell my U.S. car up there and buy a car here. I haven't regretted that decision in the least.

Come on Mainecoons, set your Americacentric attitude on the back burner for awhile and think this through some. How many vehicles are brought into this country by private individuals and legalized at the border? And out of those many thousands each year, the great majority, I will say a minimum, 99.9%, are brought here by Mexican citizens, me included. These laws are not aimed at expats. They are for cars exported from the USA to other countries throughout the world. Have you ever seen the caravans of cars heading for Central America? Not everything is about gringos in Mexico. The Mexican laws governing the importation of vehicles has nothing to do with expats just as the US laws do not. They don't care who is doing the exporting.

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Please see my edited post.

Sorry, this was kinda buried in the middle of the lengthy post and just wanna make sure it isn't overlooked by a couple of posters.

Update: I've been contacted by someone I consider very knowledgeable about this who suggests based on first hand contacts that Cooper is correct and this export clearance requirement may be much more enforced in the future apparently with the help of the Mexicans.

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Nothing to be sorry about, this has been a very informative discussion and I appreciate your bringing this to our attention. I'm definitely being told that it will be very wise in the future to understand this requirement and make sure your importer complies with it.

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Nothing to be sorry about, this has been a very informative discussion and I appreciate your bringing this to our attention. I'm definitely being told that it will be very wise in the future to understand this requirement and make sure your importer complies with it.

Your person is saying Mexico might require we clear our vehicles with U.S. Customs, not that the U.S. Customs rule says that private individuals must export their U.S. vehicles through U.S. Customs, is that correct? That would seem to imply that Aduana has not been successful in verify that vehicles can be nationalized, that is, have a clear title so it needs U.S. Customs to say the title is clear. That is different than saying the Customs rule requires everyone to export vehicles, not just businesses for commercial purposes.

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Your person is saying Mexico might require we clear our vehicles with U.S. Customs, not that the U.S. Customs rule says that private individuals must export their U.S. vehicles through U.S. Customs, is that correct? That would seem to imply that Aduana has not been successful in verify that vehicles can be nationalized, that is, have a clear title so it needs U.S. Customs to say the title is clear. That is different than saying the Customs rule requires everyone to export vehicles, not just businesses for commercial purposes.

No, that ain't what's being said, Joco.

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Your person is saying Mexico might require we clear our vehicles with U.S. Customs, not that the U.S. Customs rule says that private individuals must export their U.S. vehicles through U.S. Customs, is that correct? That would seem to imply that Aduana has not been successful in verify that vehicles can be nationalized, that is, have a clear title so it needs U.S. Customs to say the title is clear. That is different than saying the Customs rule requires everyone to export vehicles, not just businesses for commercial purposes.

No, that is not correct.

The professional importer at the Mexico-US border is saying that their new head of Aduana is telling him that used American-titled cars, applying for permanent import into Mexico must now have their US title stamped "EXPORTED".

This "EXPORTED" stamp is a part of the proof that the US CBP has done the legally required checks on the vehicle's background and paperwork and completed the formal US CBP export process.

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No, that is not correct.

The professional importer at the Mexico-US border is saying that their new head of Aduana is telling him that used American-titled cars, applying for permanent import into Mexico must now have their US title stamped "EXPORTED".

This "EXPORTED" stamp is a part of the proof that the US CBP has done the legally required checks on the vehicle's background and paperwork and completed the formal US CBP export process.

What I wrote is what you wrote so I guess we are both wrong.

"Professional importer?" If someone is paid he is a professional. The word does not mean he is an expert or knows what he is doing. Professional only means paid. Many of those professional importers and professional judges are being investigated for not being "professional."

I wrote it is Aduana that is requesting the vehicles be exported by U.S. Customs, not U.S. Customs demanding that personal use vehicles be exported.

Aduana is having the problem verifying the legal ownership and Aduana wants the U.S. to verify ownership.

U.S. Customs doesn't have a dog in this fight and the rule for U.S. Customs is the same that vehicles intended for commerce must be exported.

You are still having that comprehension problem.

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Joco, apparently there is a U.S. law that you are supposed to first export the car from the U.S. Apparently, they check to make sure it isn't stolen and then stamp the title. The brokers at the border are supposed to require that stamp before they import but it appears many haven't been doing so or telling some U.S. customers that this is required, which is part of the current Aduana dust up at the border.

We all know there's a lot of hanky panky going on with car importing. The regulars apparently are either following the procedure or "greasing" the system so it can be bypassed. You do know that Mexico is a prime destination for stolen U.S. cars. That 100K export/import number probably doesn't include those guys.

I suggest we wait until Aduana reopens, see what the new rules are going to be and hopefully someone who is actually importing cars can come and explain the procedure to us. Specifically, I think we need to wait for Spencer return. My source who does export/import has promised to send me a detailed explanation of the law and the process and I'll post it here. In advance of that, he is confirming what Cooper and SnowyCo are telling us here.

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... apparently there is a U.S. law that you are supposed to first export the car from the U.S. Apparently, they check to make sure it isn't stolen and then stamp the title. The brokers at the border are supposed to require that stamp before they import ...

This is the SOP for importing a US registered vehicle into Canada. The vehicle has to be left on the US side of the US/Canada border (in special holding areas for this purpose) while the title is searched and to verify the vehicles import eligibility into Canada (is it on the RIV list?). This can take up to 72 hours. If the title is clear and the vehicle eligible, the broker can then proceed with getting the vehicle released and your good to go. Once on the Canadian side, you go to the vehicle registry office of the Province to which the vehicle is being imported and get the paperwork finished off and a licence plate issued.

Maybe Aduana is heading in this direction also?

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Customs authority to impose export reporting requirements on used self-propelled vehicles is found at 19 USC 1627a in the Motor Vehicle Theft Enforcement Act of 1984. This law provides for the imposition of penalties on any person who knowingly imports, exports, or attempts to import or export any stolen self-propelled vehicle or part of a self-propelled vehicle on which the identification number has been removed, obliterated, tampered with, or altered. Violations of the law also make the self-propelled vehicle, or part thereof, subject to seizure and forfeiture.

car-exporting-guide.gif

CLICK HERE NOW To Begin Exporting Cars

Additional legislation has attempted to strengthen U.S. stolen vehicle laws and add new force to 19 USC 1627a. One important piece of legislation was the Anti-Car Theft Act of 1992. On October 25, 1992, President George Bush signed this bill, which aims to reduce the level of auto theft and the threat of carjacking, major crime problems that cost American car owners billions of dollars each year. Title IV, Section 401 of the Act contains two provisions that were intended to tighten Customs enforcement against exporters of stolen vehicles. These provisions mandate that Customs conduct random export inspections and eliminate the personal use exemption from the export reporting requirement.

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It would seem so.

There's a major shakeup going on here. We need to wait and see what emerges.

I think I'll forget about importing the bike. Why they think they need to cover motos, none of which are made here, is a mystery to me but they treat them the same as cars.

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The law says that vehicles can ONLY be imported at the border. Facilitators were supposedly avoiding this by getting an amparo. My guess is that some of these amparos permitting this have been illegally obtained. That is why you see magistrates mentioned as under investigation.

I also will guess that the Mexican Customs is and has been aware that vehicles exported from the US are required to clear a US Customs inspection. Up until now, they didn't require proof of this procedure. After all, it isn't up to Mexico to enforce US Customs laws. But, now they will ask to see proof of compliance solely as a mechanism for proving that the vehicle was imported at the border and help eliminate these paper only importations from the interior.

Years ago, before they allowed FM3 holders to keep their vehicle beyond 180 days, most people that stayed down here permanently, acquired new vehicle permits every 6 months without going to the border. There were "facilitators" that provided authentic documents that were issued at the border. It was a great business for those involved. You could meet someone at Plaza del Sol in Guadalajara, for example and for 50usd, they sent your soon to be expired permit to the border for proper cancellation and in roughly 2 weeks they gave you a new permit, sticker and all, that was issued at the border.

Then someone thought they could bypass Customs and started selling counterfeit papers. The government busted some people, an investigation was started and it blew the whole deal out of the water. To me there are many similarities with the paper only car imports.

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What I wrote is what you wrote so I guess we are both wrong.

"Professional importer?" If someone is paid he is a professional. The word does not mean he is an expert or knows what he is doing. Professional only means paid. Many of those professional importers and professional judges are being investigated for not being "professional."

I wrote it is Aduana that is requesting the vehicles be exported by U.S. Customs, not U.S. Customs demanding that personal use vehicles be exported.

Aduana is having the problem verifying the legal ownership and Aduana wants the U.S. to verify ownership.

U.S. Customs doesn't have a dog in this fight and the rule for U.S. Customs is the same that vehicles intended for commerce must be exported.

You are still having that comprehension problem.

No comprehension problems for me on this.

There are 2 legal aspects to the overall process:

1. CBP agents and CBP supervisors have explained US law very clearly on this: Anyone who is taking a used American-titled vehicle out of the USA for permanent import into a different country, must first go through the CBP export process.

2. The Nogales Aduana office is now integrating their permanent import policies to mesh with the existing US government's requirements.

It remains to be seen if all Aduana border offices will start to require that US titles have the "EXPORTED" stamp.

If that happens, then the "paper-only" permanent import process ends, because CBP requires that they physically inspect the used vehicles being exported.

If Aduana extends the policy to all border crossings, all used US vehicles would have to go to the border for CBP inspection under the Aduana's new system, before being imported into Mexico.

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It would seem so.

There's a major shakeup going on here. We need to wait and see what emerges.

I think I'll forget about importing the bike. Why they think they need to cover motos, none of which are made here, is a mystery to me but they treat them the same as cars.

It seems a lot of things here remain a mystery to you. There are companies that sell motorcycles here. They are imported according to the rules and regulations. They pay a number of fees or taxes. The imported motorcycles must meet certain safety standards. Lots of paperwork involved. Why do you seem to think you shouldn't be held to the same standards?

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