Bribery and Corruption at the Border: Mexico: An Outstanding Challenge to Be Overcome by the Mexican Government

Abstract

Mexico has a challenging dichotomy between trade growth, efficiency at customs and at the same time national security. Corruption and bribery at the ports of entry has been tackled by decades through different Administrations. However, the multiple agencies involved, an extensive legal framework applicable to foreign trade operations, the enforcement criteria against bribery and corruption, as well as the recent militarization of several customhouses, represents some of the various factors that make this target difficult to eradicate. Through this article, we will begin by examining the National Anticorruption System, its legal framework and regulations, as well as the combination with our customs’ infrastructure and operation, some new policies that links both legal bodies, as well as public cases related to corruption at the border. One major topic in this Article, refers to the customs militarization initiative in Mexico, the creation of the new National Customs Agency (directly reporting to the Executive Power and replacing the General Customs Administration, the short run consequences that we have experienced so far, the potential risks that this entails, as well as proposals aimed at the implementation of best practices at customs. Bribery Act 2010, bribery and corruption, corporate offence, commercial organization, failure to prevent, extra-territorial reach, strict liability, Deferred Prosecution Agreement