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).
