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Car Import Permit Changes

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Post by Intercasa Mon Aug 29, 2011 5:18 pm

To be added to the article at http://chapalalaw.com/Articulos_de_leyes/Recent_changes_in_the_Mexican_Vehicle_importation_process.php

UPDATE August 2011
Besides the other changes to the process of temporarily importing a foreign plated vehicle into Mexico, they are starting to limit the time they give you on the permit if you apply in person at the border. If you apply online then they will give you the maximum of 6 months. If you apply in person and have an FM2 (inmigrante) or FM3 (no inmigrante) then they will give you a permit for the lesser of 6 months or the expiration date on your FM2 or FM3.

For example, if you enter Mexico on August 27th, 2011 and your FM3 expires on November 1, 2011 then they will give you a permit good only until November 1, 2011 if you apply at the border. If you apply online then you will get the full 6 months.

Another observation is the requirement to notify Aduana of changes so as not to lose the deposit you paid. Per the rules you must notify then before one day after the permit expires. Looking at the reality of the situation, notifying them of any change including renewal of an FM2 or FM3 should be done at the earliest possible moment as they should receive your renewal information to be able to process it and digest it before the time limit of one day after the permit expires. This means that while you are able to renew your immigration document up until the day it expires, you can still renew on time and perhaps place in jeopardy your deposit as it could be forfeited as the time deadline will have passed while your renewal is in process. Also for a number of reasons renewals can delay.

You cannot renew your immigration document more than 30 days before it expires. With this in mind you should have all your papers ready to renew on the 30th day before expiration to plan for unforeseen delays which could delay the issuance or your renewal and then the process of informing Aduana of the changes so that you don’t lose your deposit.
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Post by Intercasa Mon Aug 29, 2011 7:49 pm

Also, something I just remembered that the guy said to another worker at the import permit office, that the "paisanos" can have their car registration expired up to 3 months and they'd still accept it. The law equally applies to everybody so I'd assume that all could present valid registration for the car or expired 3 months or less, if not then car title. Besides that at the border they want passport (or passport card) aforementioned car documents and immigration document (tourist car, FM2 or FM3) and driver license. Via the internet they don't ask for license from what I recall.
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Post by Rolly Mon Aug 29, 2011 7:58 pm

Let us say that I turned in my permit as I drove to Texas. On my return I presented my FM2 which would expire more that 180 days later. I would be given a permit good for 180 days. What do I do at or before 180 days? How do I get the permit to expire in sync with my FM2?
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Post by Intercasa Mon Aug 29, 2011 8:07 pm

You'd be given a 6 month permit at that time and they'd have proof you have your FM2 (rentista). One would assume that if you gave a copy of your FM2 that they would know the expiration date as the document was submitted with the permit and you'd do the notification with your renewal to not lose your deposit and keep them informed.

This is all really new and still developing so right now so much is left up to speculation. I'm trying to post information as it comes in, I entered Saturday and my FM3 expires in October and my permit expiration date is in October as such. I never plan on leaving and don't care if they take my deposit but will keep turning in info in the rare event that I do drive the many hours for whatever reason and can get the refund.
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Post by simpsca Tue Aug 30, 2011 8:45 am

Spencer, I have sever friends with US plated cars asking where they go to report the FM renewal. I understand it used to be at the airport but one friend went there and was told that's not where they renew their import sticker any longer, it's somewhere else but no one knows where.
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Post by Intercasa Tue Aug 30, 2011 9:41 am

It is at the airport. We do the notifications for $150 pesos and make the proper number of copies, etc. It is a bargain as the people don't need to go there, pay for parking and then navigate to the filing office. I've filed papers and my clients have file stamped receipts for their notifications.
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Post by simpsca Tue Aug 30, 2011 9:45 am

OK I'm going to send a link out to this area as I have many friends who don't know how to do it.
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Post by SunsetKid Tue Aug 30, 2011 10:41 am

Has anyone done the online permit recently?
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Post by Rolly Tue Aug 30, 2011 11:03 am

I have not, but I have had e-mails from two people who did it recently without a problem.
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Post by SunsetKid Tue Aug 30, 2011 11:17 am

If done over the internet when does the 180 days begin.?

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Post by Intercasa Tue Aug 30, 2011 11:22 am

The 180 days starts when you say it will start as you choose the date you will enter Mexico.
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Post by SunsetKid Tue Aug 30, 2011 12:01 pm

Thanks
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Post by Chapalagringa Thu Sep 01, 2011 9:25 am

Any idea how this works for those already in process with US plated vehicles? If the permit expires, can they take our cars??? I guess a trip to the airport to find out.


Last edited by Chapalagringa on Thu Sep 01, 2011 9:30 am; edited 1 time in total (Reason for editing : more questions)
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Post by Chapalagringa Thu Sep 01, 2011 9:28 am

so they're only giving us 6 months w/FM2's now or lose your deposit? This will be interesting to see what happens. Hopefully the new change is to protect us from having to drive to the border if all we have to do is drive to the airport cheers It's been so long, I can't even remember how much the deposit is/was.
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Post by Chapalagringa Thu Sep 01, 2011 10:55 am

all I can say is, "nuts!"

Have you already mentioned that in a month and half they're suppose to be opening up importation?

Apparently, this is why the federales have been pulling over US plated vehicles as they have learned of this and getting money to not take your US plated car away. It's not that the laws have changed but the interpretation has now changed. Crazy. Also was mentioned that federales can only do this where they have jurisdiction, but couldn't do this on surface streets around lakeside. What about the local police?? Wouldn't they try?

Those who have had US cars here, and don't have current registration in the US, already in visa process, risk having to pay a federale for the next month and a half, unless they get a new sticker from the border, which isn't possible w/visa in process, or are able to import the vehicle. May mean storing cars until importation opens up and they haven't set prices yet. Yep, craziness. So even when the new visa comes in, because we don't plan on driving to the border, we can't drive the cars until they are imported.

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Post by Solovino Thu Sep 01, 2011 12:27 pm

Chapalagringa wrote:all I can say is, "nuts!"

Have you already mentioned that in a month and half they're suppose to be opening up importation?

Apparently, this is why the federales have been pulling over US plated vehicles as they have learned of this and getting money to not take your US plated car away. It's not that the laws have changed but the interpretation has now changed. Crazy. Also was mentioned that federales can only do this where they have jurisdiction, but couldn't do this on surface streets around lakeside. What about the local police?? Wouldn't they try?

Those who have had US cars here, and don't have current registration in the US, already in visa process, risk having to pay a federale for the next month and a half, unless they get a new sticker from the border, which isn't possible w/visa in process, or are able to import the vehicle. May mean storing cars until importation opens up and they haven't set prices yet. Yep, craziness. So even when the new visa comes in, because we don't plan on driving to the border, we can't drive the cars until they are imported.


In the first place, legally only the Customs Enforcement police can confiscate an illegal vehicle. The federal and locals do not have that authority. They will try to scare you into a bribe but they have no authority to take your vehicle. And if your immigration status is on the up and up not even Customs can take your car. And the cops are shaking down Mexican plated vehicle also, btw.

I notice people getting worried about how the immigration changes will affect the status of their vehicles. Most people on this board are relative newcomers to Mexico and do not know the history behind FM3 holders and temporary import permits. Back a number of years, before the recent onslaught of gringos relocating to this country and in particular, the Chapala area, there were no FM3s and import permits were limited to 180 days, period. Cars could not stay any longer than this. This spawned a large black market operation that could get you a new permit and sticker without having to go to the border.

People residing here used other tactics or "work arounds" to deal with the matter. Such as driving to the Mexican border, crossing on foot and getting a tourist pass, immediately returning to the US side with the pass and driving to another crossing and documenting your vehicle. Since back then the tourist pass and car permit were on one piece of paper, in order to leave the country you needed to exit with the car. By having 2 seperate permits you could "renew" your car permit on the black market and leave without the car. Otherwise it took a twice a year trip to the border to renew the vehicle permit. In those pre-toll road days, most highways to the border were narrow 2 lane, no shoulder roads that were shared with all of the slow bus and truck traffic. No fun at all, a very stressful trip unlike today's easy jaunt. And the process at the border with Mexican Immigration and Customs could sometimes be a nightmare.

So as the number of retirees gradually increased, the government here began to change its attitude towards this segment of foreign income. Over time they liberalized both immigration and customs procedures allowing for people to remain year round, importation of personal belongings with the new FM3 permits and letting people keep their vehicles in the country if they kept their status current.

Since the new immigartion laws are supposed to be more just and open, then I don't see why they will regress on matters such as the temp import of resident's vehicles. I am willing to bet that something very similar to the status quo will be implemented.

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Post by Chapalagringa Thu Sep 01, 2011 1:32 pm

We all know that every time you go to a government office, they'll tell you something different. Back at the end of July there was an entire thread on TOB http://www.chapala.com/webboard/index.php?showtopic=29713&st=0&p=231056&hl=carib&fromsearch=1&#entry231056 about this subject and how carib and her husband were pulled over in Ixtlahuacan by federales. They threatened to impound their car, then told them to go straighten things out at aduanas at the airport. They went and everything was normal as before. There's so much talk about this from the expats that my husband went down to talk to aduanas for himself. There has been no laws changed, just interpretation change & federales trying to get money. Since it appears to be illegal for them to impound the vehicle, I guess we'll just let them impound it if stopped and report it stolen.
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Post by Intercasa Thu Sep 01, 2011 1:43 pm

The issue to me is that few REALLY know (cops and the like) and it is possible to have your car impounded and even if done improperly, how much time and hassle to get it back? I'm of the belief that the federal police can enforce federal law as there are no aduana police, the police at the aduana sites I've seen were federal police and even the state guys, and muni police if there is an issue can always hold you and call the appropriate agency who then can impound your car. Best defense is a good offense and avoiding trouble or resolving issues fast.
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Post by Chapalagringa Thu Sep 01, 2011 2:07 pm

We're maybe 2 weeks from getting our new visas and have been driving those cars around for years without going to the border. There's nothing in writing, it's all what one individual interprets at the moment. We're fully insured, have passed through NUMEROUS federale checkpoints with no problems. Told today that importation was going to open up in a month and a half. If they tow us before that, we'll report it stolen, since it appears to be illegal.
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Post by Solovino Thu Sep 01, 2011 2:47 pm

Intercasa wrote: I'm of the belief that the federal police can enforce federal law as there are no aduana police, the police at the aduana sites I've seen were federal police...........

You might want to check this out, licenciado.

La Policía Fiscal: Una nulidad en la frontera sur

Por su parte, Efraín Gutiérrez López, otro de los afectados, dio a conocer a los medios de comunicación que la postura de persecución que ha adoptado la Aduana y la Policía Fiscal en la Frontera Sur en contra de organizaciones productivas y de propietarios de vehículos de procedencia extranjera, es contraria a la buena voluntad que ha mostrado el Gobierno Federal y el Poder Legislativo, de permitir el tránsito libre de ese tipo de carros en tanto culminan su regularización.


http://elorbe.com/portada/10/30/amparos-masivos-contra-aduana-en-chiapas.html


Torreón .- En la región cerca de 500 vehículos de procedencia extranjera que han adquirido engomados y placas de organizaciones que agrupan a vehículos extranjeros similares a Onappafa, como es el caso de Conapafa, Frial, Codepafa, Omepafa y Onapade, no pudieron ser recuperadas por sus propietarios, luego de ser decomisadas por elementos de la Policía Fiscal Federal, ]Torreón .- En la región cerca de 500 vehículos de procedencia extranjera que han adquirido engomados y placas de organizaciones que agrupan a vehículos extranjeros similares a Onappafa, como es el caso de Conapafa, Frial, Codepafa, Omepafa y Onapade, no pudieron ser recuperadas por sus propietarios, luego de ser decomisadas por elementos de la Policía Fiscal Federal,

http://impreso.milenio.com/node/8893817


Last edited by Solovino on Thu Sep 01, 2011 2:52 pm; edited 1 time in total

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Post by Solovino Thu Sep 01, 2011 2:48 pm

Chapalagringa wrote: If they tow us before that, we'll report it stolen

Actually, that would be illegal.

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Post by Intercasa Thu Sep 01, 2011 3:42 pm

Dude..... check this out..... there doesn't exist anymore the Policia Fiscal, they were merged into the Federal Police.

Bajo el mandato del presidente Felipe Calderon Hinojosa, se fusionaron la Policía Federal de Caminos, Policía Fiscal y además se le integró personal proveniente de la Armada de México.

http://es.wikipedia.org/wiki/Polic%C3%ADa_Federal_%28M%C3%A9xico%29
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Post by Chapalagringa Thu Sep 01, 2011 3:46 pm

Um, wiki isn't a reliable source, I could have written that. Any other source?
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Post by Solovino Thu Sep 01, 2011 3:50 pm

Intercasa wrote:Dude..... check this out..... there doesn't exist anymore the Policia Fiscal, they were merged into the Federal Police.

Bajo el mandato del presidente Felipe Calderon Hinojosa, se fusionaron la Policía Federal de Caminos, Policía Fiscal y además se le integró personal proveniente de la Armada de México.

http://es.wikipedia.org/wiki/Polic%C3%ADa_Federal_%28M%C3%A9xico%29

Well the dates in the articles I cited post date your Wiki source.

Apparently they are now known as "Unidad de Apoyo para la Inspección Fiscal y Aduanera (UAIFA) o como coloquialmente se le conoce “Policía Fiscal”, debido a que esa fue su denominación de antaño."

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