Member's Home Forums General Discussion Mexico Mexico Aeronautical & Regulatory Mexico eAPIS

We are closely monitoring some legislation working its way through the Mexican legal process for the implementation of an eAPIS system. The proposal is most worrisome due to the complexity of the system being proposed. We are providing our comments and will continue to monitor and advise in the event that it is implemented.

Last year we identified two articles (Articles 46 and 157) in Mexico's new Immigration Law that addressed a new electronic system for reporting information on vessels, crew and passengers of aircraft and boats entering or leaving Mexico. At that time we expressed our great concern that this system would not be in the best interests of attracting General Aviation to Mexico because of the increased complexity as well as potential fines for non-compliance of US$ 5,000 to US$ 50,000 (Approx.)

Last month we received a copy of the proposed regulations that detailed how this electronic system would work and what would be required of private aircraft entering or departing Mexico. We have reviewed these new regulations with great concern. In short, we do not believe that private aircraft will be able to comply with the new regulations unmless they have Spanish speaking assistance from a Handling Company. Specifically, we are concerned about:

• Where the USA eAPIS and the CARICOM eAPIS allow you to file up to one hour or 30 minutes prior to departure (respectively) the Mexican regulations require you to file within 30 minutes prior departure. Not only that, they want PAX confirmation transmitted after the door to the aircraft is closed but prior to departure. There is no way a private aircraft can comply.
• Any change to date, route or departure requires a new transmission.
• The transmission is using the UN/EDIFACT format, not XML format.
• The regulations indicate that a portal will be provided but this will very likely be only in Spanish and unusable by the majority of US pilots.
• With this new law, fines of up to $ 50,000 USD for ANY error or transmission failure can be assessed. There is no clarification of who/how/when fines can be assessed and how they can be appealed.

We are currently working with AOPA to develop a strategy whereby US aviation organizations can develop a unified position that we can present to the Mexican government to try and convince them to repeal these regulations altogether or to make sufficient modifications so that it does not present a significant obstacle to travel to Mexico.

Stay tuned and we will continue to update members.

There has been so much varying information on the Mexico APIS topic that we would like to lay out what we do, and don’t, know.

In December, 2011 we alerted the General Aviation community about legislation being implemented by the Mexican government regarding the implementation of an APIS system. We contacted Mexican Immigration and Mexico’s DGAC as well as AOPA to determine what the intentions were and advise. During this time we had contacted the Mexican DGAC and Mexican Immigration as well as FEMPPA (Mexican Federation of Pilots and Aircraft Owners) to express our great concerns about the negative impact an APIS system would have on General Aviation tourism to Mexico. Furthermore, we also demonstrated how the regulations that were being proposed did not apply to General Aviation and that it would be impossible to comply with these regulations. Some of these issues included; filing the manifest within 30 minutes of departure, transmitting a passenger manifest after the door of the aircraft was closed but prior to takeoff, seat numbers for passengers, amongst other non-applicable requirements.

To our knowledge, there have been no consultations with the Mexican General Aviation industry, Mexican Aviation Associations nor with Mexican International airport owners or operators at any time regarding the development of this law nor how and when it would be implemented. We are not aware of a public bidding process for selecting who would design or build the APIS portal. Therefore, no opportunities have existed for the General Aviation community in Mexico or in the USA to become aware of what was coming and when. Nonetheless, the Mexican government is proceeding with the APIS regulations as written and has selected ARINC as the only method for submitting a Mexican APIS. There is NO PUBLIC PORTAL like in the USA or CARICOM. Regrettably, ARINC is charging rates for the use of their portal which are many, many times more than the rates of other 3’rd party APIS companies like Fltplan.com. Therefore, there is NO WAY that a Mexican or foreign citizen can comply with the Mexican APIS regulations without paying ARINC or someone using the ARINC system for flying from, or to, Mexico.

As there have been no consultations or communications with the industry, it was not until ARINC began circulating a presentation of their new portal and that they had been selected as the exclusive supplier to the Mexican government that local airport operators in Mexico became aware that something was happening. With no clear communications from the Mexican government, confusion and contradiction has reigned.

In November, 2013 the Mexican government published in the Mexican Federal Register that the APIS system was being implemented on December 31, 2013 for companies engaged in “regular and non-regular” passenger transport (LAS EMPRESAS DE SERVICIOS DE TRANSPORTE AÉREO INTERNACIONAL REGULAR Y NO REGULAR DE PASAJEROS). The notification indicates that the Mexican Government has chosen ARINC as the only method for satisfying the APIS requirements. We have contacted ARINC and have been unable to get anyone who can answer specific questions. We have also spoken to the owners of airports and to the managers of FBO’s at the largest airports in Mexico. Nobody knows anything concrete, there is a lot of confusion. We have also heard unsubstantiated rumors about the December 31, 2013 deadline including private flights and that there may be a delay in the implementation date until January 13, 2014 amongst other rumors. We have no concrete evidence other than what was published above in the Federal Register. One issue that makes us very concerned is that any aircraft registered to a corporation could be considered to be a company engaged in non-regular passenger transport.

Therefore, what we do know is:

• The new Mexican immigration law calls for the implementation of an APIS system for Commercial and Private aircraft and maritime vessels
• There have been no public notices made other than what was published in the Mexican Federal Register. It has not been added to the Mexican Aeronautical Information Publication.
• Much of the detailed regulations that have been published do not apply to General Aviation
• The latest publication indicates that the December 31, 2013 deadline is for “those companies providing services for regular and non-regular international air transport” (LAS EMPRESAS DE SERVICIOS DE TRANSPORTE AÉREO INTERNACIONAL REGULAR Y NO REGULAR DE PASAJEROS)
• The Mexican government has selected ARINC as the only method for complying with the law, for now.
• The Mexican Civil Aviation Authority expresses that they have no knowledge of these regulations or how they will be implemented
• There is a lot of confusion amongst airport operators, immigration officials and civil aviation officials at the major International Airports in Mexico.

Regrettably, there are more questions and answers. As compliance with the Mexican APIS regulations has become a for-profit enterprise, there is a lot of potential incentive to move forward with the requirements on PRIVATE flights. However, we cannot find anything in writing issued by the government to substantiate this.

Therefore, what we recommend to our members planning to fly to Mexico is the following:
• Contact us prior to making a flight to Mexico to obtain the latest information.
• If you aircraft is registered in the name of a corporation (even if you are a Part 91 flight) you should complete the Private Operations Declarations Letter from the Member website and have it notarized before flying to Mexico. You should also have a copy of your Single Entry or Multiple Entry Permit handy and make reference to the first paragraph which states that you are authorized to make PRIVATE, International, non-commercial flights (TRANSPORTE AEREO INTERNACIONAL PRIVADO NO COMERCIAL).

We have been on the telephone all weekend and all day. We have a solution in the works, please stand by.

We have been advised by ARINC that the Mexican government requires that ALL aircraft (Private and Commercial) will require APIS processing starting tomorrow, December 31, 2013 and that enforcement begins as well. We have no official publication to this effect and there is tremendous confusion at the Mexican International airports. Nonetheless, we have to assume that this information is correct.

Knowing that this leaves our members with a very difficult situation, we have had no choice but to contract access to the private portal. As the cost to do is prohibitive for most aircraft operators, we have established member and non-member pricing to process Mexico APIS manifests. The costs are US$ 25 for members and US$ 35 for non-members. All of our Handling customers are automatically covered and this will be part of our service at no additional cost to you.

We regret that Mexico has pursued this strategy and has not allowed for a public portal. However, we have tried to develop a pricing model that covers our cost for submitting the APIS manifests for our members. To file an APIS through us, you will need to do the following:

1) Go to our on-line Pilot Shop Pilot Shop and purchase the appropriate number of flights.
2) Call our Flight Coordinator at 1-786-206-6147 Ext 303 to obtain our Excel spreadsheet on which to enter your information
3) Email us the spreadsheet for processing.

Confusion still reigns at the International Airports here in Mexico regarding the Mexico APIS implementation. However, there is a growing acceptance that PRIVATE flights are included in the December 31, 2013 deadline despite what was published in the Mexican Federal Register and discussed in our earlier post.

Basically pilots have three choices:

1) Continue with business as usual and assume that because there is so much confusion, there is no way that the new rule can be enforced and pilots can wait until there is more official communication from the Mexican government. What the risk is under this scenario, we cannot say.

2) Utilize the services of a company that has the capability to submit a Mexican APIS.

3) Postpone your trip to Mexico

The fact that Mexico has rolled out a system with no public portal creates a very frustrating situation because it forces pilots to have to use "for profit" options for submitting an APIS manifest to be in compliance with Mexican law. While we would like to see this situation corrected, we also have to provide an option for our customers flying to/from Mexico in the short term as well as our customers on our upcoming Fly-Ins to Mexico. Therefore, as we stated earlier, we have contracted to be able to file Mexican APIS manifests for our customers so that we can provide them with the assurance that they are in compliance.

While some companies may find a situation like this very appealing for generating additional revenue, we do not. We feel that regulations and procedures of this type are bad for tourism to Mexico and bad for General Aviation in the long run.

In the meantime, we will do everything possible to work with the Mexican government and our customers on options that makes compliance a more reasonable and economical process for the General Aviation pilot wanting to visit Mexico.

We met with the Director General of Immigration regarding eAPIS last Tuesday 14-JAN-2014 in Mexico City. Also present was the person in charge of the APIS roll out for Mexico. We presented the impact that the current state of confusion is having on tourism, the issues we see with the eAPIS process, a list of suggestions and we had a long discussion. The meeting was very positive and we hope that changes will be forthcoming.

Unfortunately, the bad news is that the APIS roll out date of December 31, 2013 was for PRIVATE aircraft as well and that they are currently in an "evaluation mode".

One of our Caribbean Sky Tours members in northeast Mexico has also been spearheading an effort to meet with local and regional Immigration officials, Airport operators and other interested parties. We will prepare a combined report on both meetings shortly as we are currently traveling on a Fly-In in Mexico.

There has been a lot of information, misinformation, opinions and theories regarding the Mexico APIS regulations. The purpose of this post is to bring you up to date with the facts as we know them.

Executive Summary (in case you don’t want to read all the details)
The Mexican APIS legally went into effect on December 31, 2013 for ALL AIRCRAFT including private flights. ARINC is the ONLY portal, all third parties have to go through the ARINC portal. The procedures for filing an APIS and the ARINC portal are cumbersome, inefficient and unrealistic for General Aviation and create a burden to anyone filling a Mexican APIS (third party providers included). The Mexican APIS process is currently in an evaluation mode and at some point will go into enforcement mode. Local immigration officials at airports do not have the infrastructure and training to determine compliance at this time, what is going on in Mexico City, we do not know. We have met with the Director General of Compliance and Enforcement of Mexican Immigration to express concerns, issues and recommendations and have a follow up meeting with him next week. Officially, we are expected to be complying with the law, the reality is that enforcement may be difficult for the Immigration authorities at this time, when that will change, we do not know. For those who don't want to take any chances, we have a solution.

Information already published:
• In October 2012, Caribbean Sky Tours contacted the Director General of Mexico’s DGAC as well as the President of the Mexican Pilots Association and expressed our concerns about the provisions in the newly implemented Mexican Immigration law requiring the implementation of an electronic system for advanced notification on vessels (aircraft and boats), crew and passengers entering or leaving Mexico (Mexico APIS). At the same time, we posted an alert about the Mexico APIS on the Caribbean Sky Tours on-line forum, the Mexican Pilots on-line forum and on the AOPA on-line forum to alert pilots in Mexico and the USA about this upcoming regulation.
• In 2013 the regulations for the Mexico APIS were passed and we continued to question how it would apply to General Aviation. The Mexican DGAC indicated that they had no knowledge of the system and how it would affect civil aviation.
• In November, 2013 a notice was posted in the Mexican Federal Register that the Mexico APIS would go into effect on December 31, 2013. The notice was unclear as to whether private aircraft were included. The notice also declared that ARINC (a USA company) was chosen by the Mexican government to operate the Mexican APIS portal.
• The Mexican regulations (as they are currently published) require:
o Data elements similar to the USA eAPIS system with addition of country of birth for passengers (the USA eAPIS only requires this for crew).
o That the data be submitted in different format than the one used by the USA eAPIS system (thus making it more difficult for current third party vendors of eAPIS systems to adapt, assuming they were allowed).
o That airport codes for airports of departure and arrival be provided in IATA code format and not ICAO format
o For flights TO Mexico that are of less than 1 hour duration, the manifest be submitted once the doors of the aircraft are closed.
o For flights TO Mexico of greater than one hour travel, the manifest be submitted 30 minutes prior to departure and then submitted again once the doors of the aircraft are closed but prior to takeoff.
o For flights FROM Mexico, the manifest be submitted 30 minutes prior to departure.
• ARINC is providing access to the Mexican APIS portal for a fee. The cost is US$ 250 to subscribe and you must sign a one-year contract with a monthly fee of US$ 400 yielding a total yearly cost of US$ 5,050. MEXICO BECOMES THE ONLY COUNTRY WE KNOW THAT DOES NOT PROVIDE A FREE, PUBLIC, ON-LINE PORTAL FOR COMPLYING WITH THIS REGULATION. Anyone wishing to comply with Mexican regulations must either sign up with ARINC or use the services of a third party who has contracted with ARINC.
• The ARINC portal is essentially a website where you can manually upload an Excel spreadsheet, it has very limited automation. Those accustomed to the US Government eAPIS portal or third party portals will find the ARINC portal significantly limited.
• Anyone who is offering the Mexico APIS service must charge a fee to recover the cost of the ARINC contract plus the manual labor to keep track of the submission timelines outlined above.

New information Part 1 – Meeting with Director General of Enforcement for Mexico’s Immigration
We met with the Director General of Enforcement of Mexican Immigration in Mexico City along with his key staff on January 14, 2014 to express our concerns and observations regarding the new Immigration law and the Mexico APIS procedures as they pertain to General Aviation. We explained the dynamics of the General Aviation market and the implementation of eAPIS in the USA and that there is currently a lot of confusion, frustration and fear that is causing many pilots to cancel their plans to fly to Mexico.

The Director General explained that they don’t want to obstruct travel but they want better quality information in advance before the aircraft or boat departs on a trip to/from Mexico. He confirmed that they have selected ARINC to administer the transmission of this electronic information. He also indicated that there have not been any fines issued to date. The implementation date of the law was December 31, 2013 for ALL AIRCRAFT, Commercial (passenger and cargo), Charter and Private.

Subsequently, we expressed some of the issues that we saw with the present status of the law and regulations.

• There is currently no FREE portal that can be used to comply unlike the USA and the CARICOM countries. The cost of ARINC is prohibitive and a “for profit” third party for compliance is major blow to GA tourism.
• The reporting requirements are inconsistent with the realities of General Aviation (having to file 30 minutes prior to takeoff and then again after the aircraft door is closed but prior to takeoff).
• There is no formal confirmation that Mexican Immigration has received a manifest.
• Nothing has been published in the Mexico AIP nor by NOTAM
• We also brought up the issue of Immigration charging overtime to private flights even though the law indicates that overtime does not apply to private flights.

Next, we made the following recommendations:
• That the requirements and timing for filing an APIS be adjusted to take into account the realities of General Aviation and that the implementation for private flights be postponed.
• That a FREE public portal be established so that pilots can comply without incurring a financial burden.
• To invite members from the Mexican and USA aviation communities to participate on a committee to review the APIS procedures and work with Immigration on new guidelines compatible with General Aviation.
• That in addition to a public portal, that other private companies be allowed to participate in the transmission of APIS manifests to promote competition, flexibility etc.
• That when an APIS is filed, a document from the Mexican government be issued confirming compliance with APIS requirements. Currently their only recourse is to call ARINC.
• Consider using the USA CBP eAPIS manifest as an option for compliance as the information contained is identical (with the exception of required country of birth for passengers). We pointed out that that the majority of the volume of General Aviation flights to Mexico was form the USA.
• That everything relative to the Mexican APIS be published via NOTAM and the Mexico AIP before it went into effect.

After presenting the proposals, The Director General responded that:
• The implementation has officially begun. Mexican laws do not allow them to postpone the process.
• They CAN adjust the procedures to better accommodate General Aviation.
• The process is currently in an evaluation mode and that users should hasten to get into compliance before enforcement begins (no date could be given).
• That they are open to looking for additional ways to make it easy to comply.
• That they want a follow-up meeting with us next week.


New Information Part 2 – Meeting with regional representatives for Mexico’s Immigration
One of our very active Caribbean Sky Tours Pilots Association members in northeast Mexico met with regional contacts in Immigration, Mexico’s DGAC as well as an airport Manager on this topic. The major topics and takeaways of his meeting are as follows:
- While it is clear that the law will eventually include private flights, enforcement is impossible because, per all the participates in the meeting, NO MEXICAN AIRPORT WHICH IS NOT SERVICED BY AN AIRLINE HAS THE COMPUTERS OR DATABASES WHICH CONTAIN THE APIS DATA AND SHOWS WHERE A MANIFEST HAS BEEN FILED. The immigration officials at these airports do not have the APIS system and they are essentially blind to it. They cannot enforce it, as of today. At the airports with airline service, the airlines are inputting the data and it is going to ARINC but from there it is anyone’s guess as NONE OF THE IMMIGRATION OFFICES AT THE AIRPORTS IN NORTHERN MEXICO HAVE DIGITAL ACCESS TO THE DATA. The eventual end users who will benefit from the data do not have it.
- The Immigration Director understands the private flight manifest cannot be enforced and delayed enforcement until the infrastructure, which they claim will include a free public portal, is in place. No fines in Mexico are in USD and the fine, when enforcement comes online, is based on the situation and significantly less. The Mexican government will soon clarify the situation as they are aware of the confusion and know it will have a negative impact on tourism and commerce.
As additional insurance against misunderstandings or if an immigration official goes off-script, one idea is to send an email to local Immigration office’s email address. This way a pilot has a record that they operated in good faith, complied with the spirit of the law, and was not hiding or withholding information from the Mexican Government.

Summary
Essentially we have three different perspectives. First, the enforcement branch of Mexican immigration wants compliance of reliable APIS data but cannot say when they will actually begin to enforce APIS submissions. Second, ARINC is urging everyone to sign up with them to avoid US$ 5,000 fines. Third, the local immigration officials say that even if they wanted to, they do not have access to the information to determine compliance. The unknown is what is being done with the APIS data currently being submitted to Mexican Immigration in Mexico City.

Therefore, pilots have three options:
1. Continue with business as usual and keep their eyes and ears open and hope that there will be advance warning when enforcement goes into effect.
2. Select an APIS provider and proceed with APIS submissions to be covered under any potential circumstance.
3. Avoid flying to Mexico.

As we have customers flying to Mexico virtually every day, many of them have expressed great reservations on assuming that they will not be the subject of enforcement. Therefore, we have had no choice but to sign up with ARINC and be able to provide APIS manifest submissions. We have been operational since December 31, 2013. If you are one of those who does not want to take any chances, we are offering a Mexico APIS submission service. If you want more details on the features and cost of this service, click here

A very important Mexican Federal Agency has weighed in support of our efforts on clarifying and simplifying the Mexico APIS regulations. This Federal agency has a lot to lose and is concerned about the impact the current Mexican APIS regulations will have. We will have more details next week after more meetings in Mexico City.

Updates?

Kipp Wingo
KTRL