6/24/14

We have continued to receive reports from members of going through Tijuana and being charged the Overtime fee by Immigration (Derecho de Tiempo Extraordinario). We are aware of what the rule states and how it is to be carried out but it is clear that there are several things, even with the new DGAC Multi Entry passenger process that are left open, so that it allows for misinterpretation or left up to the individual airports to "figure out". Hence, we have different airports enforcing the same rules in different ways. After speaking not only with Tijuana immigration supervisor but also with their main person in Mexico City, we offer the following:

In Tijuana, until they receive an official notice in writing from Mexico City, they are enforcing the rule in the following manner:

If you are flying an aircraft that is registered to a company/entity/partnership, anything that is not your personal name and you are flying with people who are not your family, they have no choice but to assume that you could potentially be flying those people for profit. If you present them with the Corporate permission letter that DGAC law requires you to carry, that states your flight is not for profit and that you are the owner, etc., they will accept the letter but must obtain validation of such a letter, from their main offices in Mexico City (which by the way, will never be open on the weekends) on a case by case basis. If they cannot get the "they are ok, let them pass", you will be assessed the fee. This is in AND out of the country if you are flying on the weekend.

Tijuana has adopted giving pilots the "option" of having their passengers walk across the border and then they would not be "transporting" people so they are not charged, but how many people want to do that?! We personally took the cases that were documented and reported to us to our meeting with Immigration in Mexico City and they apologized for the liberties that their officials were taking in enforcing the new regulations and indicated that without a doubt, they were in the wrong. They acknowledged that sometimes their officers were so afraid of not charging someone even if there was any doubt, because if it is due and they did not charge it, they have to pay out of their own pocket and could possibly be reprimanded. INAMI stated that they would be speaking with their Tijuana office and clarifying the procedures. To date, we continue getting reports of this nature out of that particular airport.

So, we will not say use or do not use a particular airport, but be aware that presently, this is how this rule is being enforced in Tijuana.

In the event that it is found that you were wrongfully charged, the process for getting your money back is complicated. It can be done in no other way than going personally and waiting at the Hacienda (IRS equivalent) office and making an appointment. Then, going back for the time and date that they give you the appointment for and complying with what they ask of you, to prove that you are due a refund.

We are following up with both Mexico City and Tijuana. If clarification is given and their enforcement of this law is amended, we will send an updated message.

Your BBP Team

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