The most recent approval of the reform to the Customs Law represents a profound change in the role of the customs agent and foreign trade in Mexico, according to Javier Cendejas Meneses, president of the Mexican Business Council for Foreign Trade, Investment and Technology (Comce) Northeast chapter , who indicated that the agent ceases to be a manager to become a guarantor of fiscal and operational compliance , which implies new obligations, greater risks and an increase in operating costs.
“The cost of legality increases, but uncertainty is more expensive. The customs broker goes from being a manager to a co-responsible for compliance; and the company that invests in compliance today ensures its operational continuity tomorrow,” he stated in an interview with T21.
The specialist noted that Mexico depends heavily on foreign trade—equivalent to 83% of the country’s Gross Domestic Product (GDP) —and that the country’s 853 customs agents are key to revenue collection.
However, the new reform expands their verification duties, makes them jointly responsible for the veracity of the information, and toughens the grounds for patent cancellation .
This, he noted, “increases the risk and control costs that the agencies had as managers.”
“Previously, if a client provided a document, the agent would present it. Now, they must ensure that it’s authentic, that the client isn’t blacklisted, and that their file is consistent. If they detect anything irregular, they must report it,” he said.
According to Cendejas, these modifications will increase the cost of customs operations by up to an additional 5% .
“If a tariff was previously $300 per maritime container, it can now rise to $450,” he explained.
The increase will not only be reflected in fees, but also in port delays, storage, and inventory costs , especially in congested ports like Manzanillo , where inspection times could double.
“Large, AEO-certified companies face 1% of red flags; those that aren’t, face 10%. With more inspections, the times will be extended and the costs will increase,” he said.
Impact on IMMEX and RFE
Cendejas also warned that the reform tightens controls on IMMEX (Manufacturing, Maquiladora, and Export Service) companies and Strategic Bonded Enclosures (RFE) , which could slow the dynamism of foreign trade.
“The RFE is a benign regime that helped ease customs congestion, but now it faces increased safeguards and requirements, which makes it less attractive,” he commented.
Furthermore, the reform introduces uncertainty by establishing that customs patents will no longer be valid for life , but will be valid for 20 years, renewable upon evaluation by the customs technical committee. “Why am I going to invest millions in infrastructure if I’m not certain that my patent will be renewed?” Cendejas asked.
The president of the Northeast Council acknowledged that the reform’s goal is to increase revenue and combat smuggling , especially following cases of fuel theft , but warned that the approach is excessive.
“For a 100-meter vessel to arrive, at least six actors are involved, including: the shipping company, the carrier, the authority, the customs office, and the customs broker. You can’t blame just one,” he emphasized.
In his view, overregulation and bureaucracy contradict Mexico’s commitments to customs efficiency and transparency under the United States-Mexico-Canada Agreement (USMCA) .
“We need an agile, noble, and lean customs system that increases productivity. This reform goes in the opposite direction,” he emphasized.
Given this new scenario, which will undoubtedly affect importers and exporters, Javier Cendejas recommended that companies strengthen their compliance systems and jointly audit all non-tariff records and regulations with their customs broker . This includes more rigorously verifying documents issued by authorities, as well as certificates of origin or quality.
In addition, he suggested standardizing CFDI and supporting documentation , agreeing on risk matrices with customs agents , budgeting for an additional cost margin , and training operational teams to comply with the new requirements.
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