CUSTOMS

MODERNIZATION: MEXICO
TO XXI CENTURY
CUSTOMS
Kimberly Pinedo Bautista.
 Kimberly Pinedo
Universidad Latina de Mxico.
September 11th, 2017.
CUSTOMS MODERNIZATION:
MEXICO TO XXI CENTURY CUSTOMS

As an introductory framework, we must emphasize the global context in which we are living, where the
interdependence of nations represents protection, free trade, common frames of agreement and
therefore development. We cannot skip analysing the national interests and the way a country is driven
and how it coexists regarding to other countries.
Hereupon, we must mention the Mexican Foreign Policy and the globalization without ignoring countries
sovereignty. This last one depends on the control the State wishes to have over its sovereignty, also, is in
hands of each government to introduce several legal regulations, that will help to establish controls to
govern the politics, as can be: economic, passenger traffic, communications and for this text trade
operations.
Even though, each country (or State, as the Public International law denominates them) tries to protect
this regulations, is true that nowadays each State can no longer be independent and must hold
relationships with other nations, these relations are normally known as an agreement or treaty.
It is undeniable that developed countries will always have an advantage over the least developed
countries, where the first ones are going to be the ones who will establish the criteria that will benefit
them in diverse ways resulting in socio-economic development translated into a high life standard for
their societies.
In the developed countries literacy rates are high and access to education is simple, which has a lot of
advantages for example the workers are capable to communicate and register information in a clear and
precise way; the infrastructure of these countries is strong, allowing them to compete for example by
their agile logistics routes. Globalization is not given just in an economic way, it is also cultural.
Globalization pretends a balance in the way of thinking of the different individuals that inhabit the nations.
As it has been said before, there is not a nation that does not implement legal rules which help their
individuals (us) to establish conduct models, providing the possibility to know our rights and obligations,
this gives as result the correct and absolute development of the societies.

In the contemporary world where most countries, if not all, are part of a global trade openness system;
knowledge on customs legislation has an extensive scope, since the customs legislation is a valuable tool
(in join with others such as taxes field), it helps to regulate the flow of international goods (and services)
in favour of the nation.
By having knowledge and habitual use of the customs applicable legislation, it can be concluded that it
presents basic problems found in the definitions presented and the clarity of its objectives of regulation,
or maybe I found this problem because the current requirement of international trade exceeds the
expectations that were presented when this law was created.
In the following paragraph, we can see a short analysis of three "weaknesses" within this Law.
Referring to its conceptual scope we can refer to the most basic, but primordial example: the conceptual
definition of "Customs", the closest definition of "Customs" is laid down in the 10th article of Ley Aduanera
(LA) where it explains that the functions described in its first article must be made by authorized place,
based on this same first article I fall in doubt regarding in the clarity of its scope of regulation; such is the
consideration of money as a commodity.
For the third point where the obsolescence of the current legislation and customs is foreseen we need to
highlight the comment made by Jos Antonio Meade "Mexico currently trades around fourteen thousand
million pesos and collects by customs almost 800 thousand million pesos, which demonstrates the
importance of keeping them at the forefront" (Kuribrea,2017)
As a historical reference to the modification in the Customs Legislation, understood as: the set of rules
governing, directing and facilitating the operation of entry, exit and transit of goods from and to national
territory we can take notice of the following:
For the beginning of the 1900s, the DGA (General Directorate of Customs) was formed (Formula Group,

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 Kimberly Pinedo
Universidad Latina de Mxico.
September 11th, 2017.
2017), which is in charge of, as its official online website indicates; "To apply the legislation governing
customs clearance, the systems, methods and procedures to which customs must abide."
Also in that first decade was given place to the creation of the Secretarias de Estado with legal basis in
the ninety constitutional article. The Tarifa de la Ley de los Impuestos Generales de Importacin y
Exportacion (TIGIE) of 1916, prohibited only opium and by 1929, "The current law tried to modernize and
simplify procedures for the clearance of goods at customs [...] this law was repealed by the new Ley
Aduanera of 1935 [...]" (Universidad de Sonora, 2010) which included the activities of customs brokers,
being the first amendment to the Ley Aduanera, the following modifications occurred in 1981 and
simplified the administrative structure, also exports were promoted by development programs well
known as PITEX and Maquila in this law amendment were defined the current customs regimes. In
1995, once again, the law in question was modified in accordance with the GATT to which Mexico was
incorporated in 1986; not even 5 years after the last modification when in 1998 the LA was reformed in
terms of control mechanisms, we should recall that one of customs activities is the tax collection. The
modifications did not end this year, but for this text purpose we will abandon this brief historical journey.
As we can see each one of the modifications or as I like to call them simplification and control
improvements to the Customs Operation have been the precursors for the current development of the
strategic plan called Customs of the 21st Century.
But what does this plan foresees? Firstly, as Meade mentions it in the quotation previously used it is
intended that the customs system will be at the forefront, in order to be able to compete better in the
global market. Just as a point, "being at the forefront" involves a renewal of forms and content. These
modifications face about the domiciliary clearance of goods, thanks to this scheme it is possible to carry
out the customs clearance of goods in the address of companies. As a measure of simplification the
"customs declaration for passengers from abroad" and for all those who bring with them additional
merchandise to their luggage and franchise was removed, they only have to pay by doing the description
of the articles. (Grupo Formula, 2017) These modifications to the LA as in 1935, include the figure of
the Customs Broker and in reference to the small criticism that was previously done these
modifications give area to a new Customs Operation Manual allowing to improve the customs system
and encourage the development of Mexico. Meade also points out that the Customs plan of the 21st
Century has the following goals:
Smarter, more efficient and safer customs, that we will achieve with video surveillance
cameras, x-rays non-intrusive technology to reduce the entry of illegal goods, improvements
in the VUCEM, we are close to implementing a unique model that integrates more than 27
systems to be more efficient.
Transparent Customs - The QR code incorporation is important to help customs agents to
be read with any mobile device their status and check the goods in real time. The
implementation of a new manual of customs operation (MOA) [...] that will be launched an
approved simultaneously in the 49 customs of the country.
Competitive Customs - where we have 38 projects of which some have already been
implemented with an investment of more than 15,000 million pesos in border infrastructure
Collaborative Customs, Manzanillo is an example
Customs in continuous improvement, we are in constant comparison with the most
efficient customs in the world.

As a conclusion, we can notice that the strategic plan Customs of the XXI Century, is extremely
necessary to efficiently customs process and facilitate Mexico's trade with the world, allowing us
to remain as a great commercial power in Latin America and letting our companies to be more
competitive in the world stage. This plan is based on five fundamental pillars: transparency,
collaboration, intelligence, competitiveness, and as the introductory text mentioned, globalization.
Since the beginning of the implementation of this strategy the benefits have been noticed, in
addition the pillar of cooperation, it has been carried out in all the customs of the country.

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 Kimberly Pinedo
Universidad Latina de Mxico.
September 11th, 2017.
Sources:
Universidad de Sonora. (2010). Universidad de Sonora. Obtenido de Antecedentes de la
Aduana en Mexico: http://tesis.uson.mx/digital/tesis/docs/18953/capitulo2.pdf
Grupo Formula. (Abril de 2017). Con programa Aduana del Siglo XXI, en AICM se
eliminan semforos fiscales: SAT. Con Lpez Driga. Obtenido de
http://www.radioformula.com.mx/notas.asp?Idn=676553&idFC=2017
Kuribrea, J. A. (2017). Mxico trabaja en plan Aduana del Siglo 21 para ser modelo en el
mundo: Meade. Obtenido de
http://www.radioformula.com.mx/notas.asp?Idn=698390&idFC=2017
CONSTITUCIN Poltica de los Estados Unidos Mexicanos. ltima reforma publicada en
el Diario Oficial de la Federacin
Secretaria de economa (2017) Hacia la Aduana del Siglo XXI recuperado de
https://www.gob.mx/shcp/videos/hacia-la-aduana-del-siglo-xxi
Manual Legislacion Aduanera Mexicana, fuente propia (2017) que se puede encontrar en :
https://es.scribd.com/document/350133359/Manual-Legislacion-Aduanera-MexicanaKIMBERLY-
PINEDO