This has been one of the most frustrating and challenging implementations of a regulation. We have traveled to Mexico City multiple times and have reached out to high level government officials within the aviation industry to garner support for modifications to the regulations and postponement of the implementation. In addition, there have been a lot of accusations, misinformation and disinformation that has only made it even more confusing for pilots. In a nutshell, here is where we are:
What is in writing and published: • The Mexico APIS law and regulations (it is actually a new Immigration Law) were published in the Mexican Federal Register (DOF) in May, 2011.
• Regulations and Guidelines for compliance were published in the (DOF) in September, 2012 and November, 2012 respectively
• The final announcement that the law would go into effect for PRIVATE aircraft on December 31, 2013 and that ARINC was the only portal was published in the DOF in November, 2013.
• ARINC publishes an announcement to the industry that it is the sole vendor for Mexico APIS and implements their portal in December, 2013.
http://www.arinc.com/news/press_releases...ects_arinc.html• NBAA publishes an announcement that Mexico has implemented their APIS program with potential fines of US$ 5,000 (it is actually US$ 5,000 to US$ 50,000).
http://www.nbaa.org/ops/intl/nam/2013122...december-31.php• Implementation of the Mexico APIS has been confirmed in meetings with the Director General of Verification and Control of Mexico’s Immigration department, INM. We have been told that the implementation process is in an evaluation mode and that General Aviation users should be taking steps to comply.
What is happening in the industry: • The regional and local Mexico Immigration and Civil Aviation staffs are unfamiliar with the Mexico APIS program. (Mexico Immigration leadership in Mexico City acknowledges that the program is being run at a centralized level)
• Some pilots are entering and leaving the country without complying with the law and no fines are being levied at this time
• Some pilots are utilizing the services of third parties to process a Mexico APIS to avoid any potential problems at the time of their flight or at some point in the future
• Some third parties are offering Mexico APIS submission services to those operators who wish to comply at differing prices
• Other third parties are criticizing those that offer the services as being predatory and taking advantage of those in the General Aviation industry who wish to comply
• Information about conversations with Mexico Immigration indicating that there will not be enforcement until a later date and that enforcement will only begin after plenty of notice are circulated in the industry. None of this is in writing from the Mexican government
Our position:• As the regulations of the new Immigration Law and its implementation have been officially published in the Federal Register we cannot, in good faith, tell aircraft operators to “not worry” and disregard the law. When and how enforcement will begin is an unknown.
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There is a precedent to this situation. In 2002, the Mexican Tax law was modified to govern the calculation and payment of Mexican airspace fees and ATC overtime at Mexican airports. Due to the complexity and cost of administration and compliance, the law was never enforced until January, 2012 when government officials were compelled to enforce it. This change not only required enforcement going forward but enforcement was applied 10 YEARS retroactively. Those who had disregarded the law, or were unfamiliar with its existence, during that 10-year period suffered the consequences.
• While the current administration may have decided (unofficially) not to enforce the Mexican APIS, they cannot make a public statement to this effect which would be contrary to published law. However, if this administration were forced to change its position, or a new administration were to replace them, then it is uncertain what actions could result.
• The Mexico APIS implementation IS NOT like the Mexico 406 MHz ELT where the extensions in the implementation deadline have been published by the Mexican government and updated each time the date has been moved.
http://www.caribbeanskytours.com/members/forums/ubbthreads.php?ubb=showflat&Number=376#Post376• The Mexico APIS implementation IS NOT like Mexico insurance requirements where clarification on published law was obtained in writing.
http://www.caribbeanskytours.com/members/forums/ubbthreads.php?ubb=showflat&Number=160#Post160• Therefore, operators have three options
1. Ignore the published law and fly to/from Mexico without filing an APIS accepting unknown short/long term consequences
2. Select a Mexico APIS vendor and file
3. Don’t fly to Mexico
We are presently working on a number of items to address this situation and hope to have more information in the coming months.
