CBP and Commerce Sign MOU on Providing Certain Export Validation Information to Mexico
U.S. Customs and Border Protection (CBP) has issued a press release announcing that it and the Department of Commerce signed a Memorandum of Understanding (MOU) on April 7, 2004 to provide certain export validation information to the Mexican government for purposes of mutual border protection, export control, and the detection and deterrence of revenue fraud.
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According to CBP, under the U.S./Mexico Smart Border Accord signed by President Bush and Mexican President Fox in 2002, CBP and the Mexico Customs General Administration (CGA) agreed to pursue measures to enhance the national security interests of each country, while not interfering with legitimate trade.
CBP explains that federal law limits access to export information by other agencies and departments, except in specific, controlled instances or programs. However, CBP formally requested and was granted access to certain export information for the purposes described above.
Export validation information will be limited in content and scope, etc. CBP states that the information will be limited in content and scope, under strict controls, and access to the information within the respective customs authorities will be limited. CBP notes that no company-specific data is involved.
According to CBP, the purpose of this information exchange is to investigate anomalies or discrepancies. To validate information on an indicated anomaly, no raw data will be exchanged by Mexico Customs and CBP, but rather only an indicator that the data matched or did not match what CBP has on file.
Under the MOU, CBP states that it has authority to work in this manner with Mexico only, and no other country is involved in this agreement.
In a notice to the trade, CBP indicates that any information provided CGA shall relate to trade transactions occurring after the information exchange program is put into effect.
CBP press release (dated 04/07/04) available at http://www.cbp.gov/xp/cgov/newsroom/press_releases/04072004.xml
CBP notice to the trade (dated 04/07/04) available at http://www.cbp.gov/xp/cgov/import/communications_to_industry/sign_agreement.xml