The reform of the Customs Law of Mexico will affect maritime transport

The last Monday Jue 25th was published in the Mexico Federal Official Gazette, the reform to the Customs Law of Mexico, where, within the various legal clarifications, the payment of the consideration for related activities is proposed.

This payment is a charge that the port terminals will have to make to the Integral Port Administrations(API for its acronym in Spanish), as well as to the Ministry of Finance and Public Credit (SHCP for its acronym in Spanish), via Customs; in addition to the consideration that enters this last unit for the handling, storage and custody of foreign trade goods.

According to the private companies that operate in the ports, this modification could generate a double payment to the government,so this impact would be transferred to their rates.

Impact of the reform of the Mexican Customs Law in the maritime sector

Jaime Aguilar, General Director of the Association of Port Terminals and Operators (ATOP for its acronym in Spanish),which brings together about 90% of the terminals and port facilities that operate in the country, explained that this measure, which is merely a collection, will increase between 12 and 15% tariffs, which will directly impact domestic importers and exporters.

In article 15, section VII, of the reform to the Customs Law of Mexico it is established that:

“When in the places authorized for the provision of the services subject to the concession or authorization, services other than the handling, storage and custody of foreign trade goods are provided, the income for said services shall be considered different from the income that forms the basis of the use, as long as they do not exceed 10% of the total income associated with the respective concession or authorization. The surplus amounts will be included in the profit base, unless there is evidence to the contrary that it is income obtained from services that are not related or directly related to the management, storage and custody services object of the concession or authorization. ”