Presentation by Maria Elena Sierra Galindo, Mexico at the WCO and OECD Regional Policy Dialogue, 7-8 November 2016, Brussels. For more information see www.oecd.org/gov/risk/oecdtaskforceoncounteringillicittrade.htm
Antisemitism Awareness Act: pénaliser la critique de l'Etat d'Israël
Presentation by Maria Elena Sierra Galindo, Mexico at the WCO and OECD Regional Policy Dialogue, 7-8 November 2016, Brussels.
1. OCDE HIGH LEVEL
RISK FORUM
Task Force on
Countering
Illicit Trade
Mexico’s experience on Cooperation
across Customs and other Enforcemet
Agencies to Counter Ilicit Trade
2. Index
Mexico’s experience on regional coordination
Main challenges faced by Mexico on the exchange of information
at an international level
Interagency cooperation at a national level
Final remarks, areas of opportunity
3. Mexico’s experience on regional coordination
With the USA
• Transnational Crime Investigation Unit, seeks to establish a group to carry out joint investigations to identify
customs related offenses which could lead to other crimes threatening public safety in both countries.
• Enforcement Working Group (EWG) its objective is to exchange information and intelligence to detect,
monitor and control patterns of illicit foreign trade activities, as well as tackle smuggling and illicit trade.
• Trade Transparency Unit (TTU), system containing information on imports and exports carried out between
Mexico and the US and which allows to identify discrepancies and up them build cases.
• Training Workshops/Capacity Building, allows to determine areas of common interest and better prepare
officials on how to tackle issues such as contraband, piracy, money laundering and tax evasion.
Worldwide
• Continuous request and exchange of information with countries of certain regions, mainly Asia and
Latin America.
• Request and engagement of mutual assistance, case Pacific Alliance on negotiating and training.
• Interest in providing international standards on exchange of information, invitation letters to
negotiate Customs Agreements following the Pacific Alliance model.
• Lack of specific strategies, on a bilateral and multilateral basis, to reduce smuggling.
• Underdeveloped policies to tackle illicit trade, case Latin America.
4. Mexico’s challenges on exchanging information
While CMAA’s are being
enforced there is still a lack
of internal comunication
channels bewteen customs
and enforcement
authorities.
General
Information
Sharing Strict Laws prohibiting
the exchange of sensitive
but useful data increases
the need for availability
of beneficial information.
Confidentiality
& Protection
Differences in legal
systems, can’t
ensure consistency.
Jurisdiction
Need for an
automatic exchange
of information.
Technology
Use of information to
compile criminal
cases. Deficiencies in
our judicial system.
Enforcement
and Prosecution
The Tax Administration Service as a Customs and Fiscal authority, focuses its
efforts in preventing smuggling which involves tax evasion and threatens
national security.
5. Exchange of information
Legal basis for the information provided:
18 CMAA’S formalized
Purpose of the
information:
Detect patterns of illicit
trade and trade fraud.
Identify communication
routes, storage facilities,
points of distribution and
points of sale of illicit
goods.
Provide evidence to
determine cases of miss
valuation, circumvention of
origin and overall non
compliance with customs
and tax regulations.
Data
validated
abroad
Verify authenticity of
documents or
information (invoices,
entry summaries and
vehicle permits).
Corroborate the
existence of
commercial
operations.
Verify the existence
and location of
suppliers abroad.
Identification of legal
representatives.
6. • National authorities with whom we collaborate:
- Attorney´s General Office
- Ministry of Navy
- Ministry of National Defense
- Federal Police
• Main sectors tackled: clothing, vehicles, textiles, machinery, iron ore.
• Types of operations carried out:
• Main outcomes: Since 2012, more than 150 operations with interagency collaboration.
Interagency cooperation at a national level
AUDITS
Verifies customs and tax
compliance.
MOVISAT
Verifies goods and
vehicles coming from
abroad.
EXPRESS VISITS
Verifies the legal
importation and
possession of goods.
7. In 2014 SAT began analyzing operations according to the
Federal Law to identify and Prevent Operations carried out
with illicit Resources.
Example of interagency cooperation
on money laundering
Information in a timely
manner to perform
supervision and
investigation duties.
Identify areas of opportunity
as well as best practices
regarding supervision
procedures.
Training public officers
involved on monitoring
procedures.
Criteria and resolutions
determined by Federal
Courts.
Communication channels are currently being implemented between SAT and the
FIU to obtain the following:
Financial Intelligence Unit (FIU)
8. Final remarks, areas of opportunity
Continue formalizing CMAA’s while also monitoring and measuring the progress of their
implementation
Strengthen the relationship and establish effective communication mechanisms between
Customs and enforcement agencies, possibly through interagency agreements
Establish regional trained specialist units to investigate customs offenses
Enact more automatic exchange of information agreements
Use of multilateral agreements on exchange of information to expand our network of
information
9. Thank you
Maria Elena Sierra Galindo
Central Administrator of Certification and
International Affairs for Foregin Trade Audit
maria.sierra@sat.gob.mx