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Response from DHS regarding our April 17 letter regarding eAPIS

Click here to open______________________________________________________

Director General, DGAC

Providencia No. 807 Piso 6

Col. Del Valle C.P. 03100

Mexico D.F.

Dear Captain

I am requesting your assistance in a matter that troubles me greatly as well as could have a major impact on foreign general aviation in Mexico.  If I may, the Baja Bush Pilots, along with many other activities, is a licensed insurance broker that sells Mexican liability insurance to foreign aircraft flying into and throughout Mexico.  We are told by our underwriters, Seguros Commercial America that we are one of their largest producers selling over 2,000 policies a year to our members. 

Even though a very large portion of our sales is from insurance and changes that they are proposing to implement would mean more profit for our company, we are troubled by their reasons for these changes as well as the potential negative impact on general aviation in Mexico.  These changes include but are not limited to:

• That they wish to increasing rates 100 to 200 percent

   

• That they will not underwrite aircraft over 40 years old

   

• That they will not underwrite experimental and some other classes of aircraft

   

• That policies must be written in Spanish

   

• That policies must be issued by a Mexican underwriter

   

Claudia Smith, my personal assistant, has researched Mexican law and DGAC rules and cannot find any language addressing the requirement that policies be in Spanish nor that a Mexican underwriter must underwrite the policy.  We know that the Mexican underwriter clause was in effect but was removed at the same time the Multi-Entrance Authorization was instituted. 

We have been given two extensions from our underwriters holding the old prices and conditions in effect and will be asking for additional extensions until we get an answer from you.  We are requesting that the DGAC research these several subjects and provide us as much information as possible to the validity of the underwriter’s claims. 

And, what is Mexico’s position on aircraft flying in Mexico that have current annuals, have a current airworthiness certificate, and are over 40 years old or in the experimental class.

Sincerely

Baja Bush Pilots

Jack McCormick

President

CC:      Cpt. Mauro Gomez Peralta, DGAC

           Nicholas Reyes, US FAA

           Seguros Commerical America

Date:   March 14, 2006

To:       Captain Gilberto Lopez Meyer, Director General, DGAC

            Captain Gomez Peralta, Sub Director, DGAC

            Mr. Tom Stuckey, FAA

            Mr. Robert Hernandez, FAA

            Mr. Nick Reyes, FAA

CC:     Alejandro Guetierrez Guetierrez

From:  Jack McCormick, Baja Bush Pilots

Reg:    Various subjects:

I will be asking for information and /or clarification on the following information at the conference:

1. Mexican requirements for US pilots to fly the new “Sport Category” aircraft into and throughout Mexico.

    

2. That the Multi-Entry law states that foreign aircraft may request and receive a Multi-Entry Authorization to enter Mexico.  The law does not limit this to aircraft entering from the US however, on the Authorization, it is stated that the Multi-Entry form is for foreign aircraft entering from the US.  The problem is that some Mexican AOEs located in southern Mexico do not accept Multi-Entry from US aircraft (or other foreign aircraft) when entering Mexico from Central America or the Caribbean

    

3. That San Felipe (MMSF) does not allow rental aircraft to use Multi-Entry Authorizations to enter Mexico.  They state that the Multi Entry law prohibits aircraft that are used for profit to have Multi-Entry Authorization and that a rental aircraft is making a profit for someone even if that flight is for tourism only.

    

4. That the DGAC is now requiring a General Declaration ((GHC-001 Anex 1) even if you have a Multi-Entrance Authorization.  I believe that the law states that one of the two be used for entering Mexico, not both.  And the argument that the DGAC needs the General Declaration for the various entrance stamps could be solved by stamping the flight plan which is required for flight. (the purpose of the Multi-Entrance Authorization was to simplify paperwork as well as provide for annual payment of the fee) With the additional requirement of the General Declaration, this has not simplified the process but has increased the process for both the DGAC and the pilot.

    

5. That to provide better information to Mexico about aircraft departing Mexico, it is suggested that the following be considered.  That all private aircraft that depart an IATA airport for flight into the US be required to contact the closest Mexican International airport via radio regarding their intentions when close to the border.  As an example, an aircraft departing gll for OLS would, when close to MMML, call MMML via radio and indicate who they are and that they are leaving Mexico for the US.  The tower (SENAM) could call down this information via telephone to the DGAC at MMML where a list could be kept.  Then, if there is ever a question about an aircraft checking out, it would be easy to confirm the date and time of departure from Mexico from this list.

    

6. That some Mexican International airports allow the closing (and opening?) of flight plans without the need of going into the Flight Service Office.  Is this possible to expand to other airports. 

    

7. That there is a lot of confusion with US Flight Service regarding flights entering the US from Mexico.  San Diego has one set of rules, Prescott has another, etc.  The confusion seems to be about what is required and that whatever is required is called.  Some call it a flight plan, some call it Customs advance notice, etc.  There is no consistency between Flight Services.  And, with more use of air-phones and satellite phones, we need the ability to file and open a flight plan via this means.  (right now, you can file a flight plan by sat phone in the air but Flight Service will not open it by phone so, after you file it, you then have to call the same flight service on the radio and open which, because of the lack of dependable communication in certain areas of Mexico,  is sometimes very hard to do)

    

8. That MMPE is an international Airport however; the US has not been notified as to this status. 

    

9. That there are certain areas of northern Mexico where you can enter and depart without the need of an FM1 for each passenger.  Could these areas be more defined?  i.e. an FM1 is not required for Baja Norte but is required for Baja Sur.

    

10. And that we are requesting that Mexican Immigration allow FM1s to be used for multi-entrance for private aircraft when entering Mexico just as automobiles are now allowed to do.

     

11. That at many airports, Customs requires passengers to bring in all luggage prior to pushing the red/green light.  If green, it is taken back without a search.  If red, the luggage is required to be searched.  It is suggested that the red /green light be pushed once the pilot is in the office and if it is red, that luggage be brought in for search.  This relates to flights checking into Mexico at an InternationalAirport and continuing on to another destination.

     

May 8, 2003

Senador Alejandro Gutierrez Gutierrez
Reforma No. 10
Piso 5, Despacho 28, Col. Tabacalera - Via Fax
Mexico, D.F. 06030

Dear Alejandro

The Baja Bush Pilots will be attending as well as speaking at the upcoming Amigos De La Aviacion to be held in Cuernavaca, Morelos, Mexico on May 16 – 17, 2003. 

We receive and answer about 15 to 20 calls a day from American pilots regarding rules and regulations for flying into Mexico.  Although we believe we have the correct answers for the following items, we would like conformation.  (We have divided the questions into the group that we believe has jurisdiction) 

DGAC
1) That the Mexican Congress passed a bill last year containing a number of items referring to civil aviation.  One major item in this bill was that Mexico would be providing multi-entry authorization for private non-commercial aircraft to enter into and fly in Mexico.  It also calls for this authorization to be provided within seven working days.  It now takes at least two weeks and in some cases, several months to receive this authorization.  When will you be providing this within the legal time limit?

2) We have been told by Mexico that for helicopters to enter into and fly in Mexico, the only major requirements is that they have a multi-entry authorization (the same as fixed wing aircraft) and that all landings must be made at licensed airports/airstrips unless prior permission from the local commander is made.  Is this true and under what section of the law is it covered.

3) That although we have been provided a complete list of airports that accept credit cards, some airports 1) do not take them without major disagreement, 2) some only allow cards for landing fees or other combinations of fees, and 3) that some take a card for all expenses.  When will this be standardized?

4) That the US pilot wants the ability to depart from any Mexican airport to a US International Airport just as the US pilot can depart any US airport to a Mexican International Airport.  Where is this covered by Mexican law or ruling?  We have not been able to find this documentation

5) That there is uncertainty regarding the ability of a seaplane (amphibious aircraft) to land off airport.  What is the ruling on this?

6) What is the ruling on Technical Stops? We believe that international treaties allow for technical stops (fuel only) without requiring the entrance process i.e. Immigration, Customs, etc.  An example would be a person flying from the US (Brownsville) to Tical Guatemala and needs to stop for fuel only at a Mexican International Airport.

7) And we also believe that per international treaty, that all aircraft, foreign or domestic, must pay the same fees for the same service.  As it is now, Mexican registered aircraft pay about half the airport fees that the foreign aircraft pays.

8) That the new Mexican English language pamphlet, “Flying into Mexico” has been printed and that we would like to know how it will be distributed to the foreign pilots.  We have been told that we would have one for each of our members however, it has not happened.

9) That the “Flying into Mexico” pamphlet lists all International Airport telephone numbers and hours of operations.  There is a lot of confusion regarding fees and the day or the week or the time of the day.  What this really means is that there is an attempt to collect overtime charges for services that we feel are made during normal business hours. Are the hours of operation listed in the pamphlet include Customs and Immigration or is it flight service only.  If Customs and Immigration is not included, what are their hours?

10) That the TUA tax (US$20+- per person) has been attempted to be charged to private non-commercial aircraft at some airports.  This tax was voided by the same Congressional action mentioned above.

11) And, that one of our members was threatened with a US$40,000 dollar fine and confiscation of his aircraft by a Mexican Commander for claiming he was on a private non-commercial flight. The Commander claims he was on a commercial flight as he had a corporate registered aircraft.  We would like a ruling on this issue as well as a list of fines that can be levied against a pilot or owner of an aircraft when flying in Mexico.

Immigration
12) That requirements for immigration papers for individual persons seem to vary from airport to airport.  Some issue 10 days and others issue 180 days.  Some demand return of the paper when departing Mexico and some do not.  (our position is that small private non-commercial aircraft should be handled the same as private automobiles which are multi-entry and issued for 180 days)

13) We have been advised by several airports that passports are the only identification that Mexico will allow when entering Mexico.  Birth certificates, military identification, etc. will no longer be honored.  Is this correct.

14) That permission letters for minor children have been rejected because they were not written within the preceding seven days.  What is the ruling on this?

15) That an Immigration departure tax from Mexico to the US (US$100 per aircraft) has been attempted to be charged to private non-commercial aircraft at some airports.  This tax is no longer applicable however; we have the paper work to prove it is being charged, primarily in Leon and Durango.  We would like conformation on this issue.

Customs
16) That at many airports, Customs requires passengers to bring in all luggage prior to pushing the red/green light.  If green, it is taken back without a search.  If red, it is searched.  Why must all luggage be brought in to the terminal prior to knowing if there is to be a search.  This relates to flights checking into Mexico at an International Airport and continuing on.

I am requesting that these questions be forwarded to the appropriate people so that these subjects can be discussed at the Cuernavaca event.

Sincerely
Baja Bush Pilots

Jack McCormick

CC:     
Gilberto Lopez Meyer, Dir. Gen, DGAC
Jorge Nevarez Jacobo, Sub Dir, DGAC
Robert Hernandez, FAA

Chary says Goodbye
With mixed emotions from the BBP, Javier and Chary Tiznado are leaving Punta Francisquito.  The announcement was confirmed by Chary to the BBP last week.  Gone will be the great tacos served with the friendly smile and hug whenever you arrived as well as the extra splash of tequila in the margarita when you thought no one was watching.  The resort, including the kitchen, will now be run by Genaro, one of the owners sons.

Why mixed emotions?  There is some gain to this story and life is well.  Javier and Chary cannot say as yet but they will stay on the Baja and they still will be serving the great food that we have all come to love.  Where are they going, I have been told however, I am sworn to secrecy and, in direct opposition to those that say I can´t keep a secret, this is one I will....  We will let all know when and where as soon as Chary says she is ready to make the announcement. 

A quick note… 
One of my fondest memories was sitting on the porch of the Casa Diaz with Papa Diaz in Bahia sipping a cold one and watching Sea of Cortez as the sun set behind me.  My second fondest memory was sitting with Chary in Francisquito sipping a cold one and watching Sea of Cortez as the sun set behind me.  Life does go on.

BBP to stop submitting Multi-Entry Forms

After my third trip to Mexico City in two weeks, the BBP has made the decision to stop accepting forms for Multi-Entry to be sent to Mexico City.  Forms that we have received in the past and have processed will be followed and pushed through.  If you want an authorization and have not applied through us, you can still submit directly to the SCT however, SCT is again requesting the airworthiness and registration of the aircraft in addition to the completed form, which, must be complete, legible, and have no crossed out lines.  Figure on three to four weeks to get it back.

If I may, the several reasons for this position is that:
1) Mexico was backed up as of November 15 and, was closed for the two weeks following that data.
2)That in January, Andres Macias was fired.  He was the one that accepted and started the process of the forms.
3) That in February, Fernando Antillon Calenzuela who was the Sub-Secretary of the SCT and the person that Jorge Nevarez Javobo reports to was fired
4) That on Monday of this week, a new person was hired as Sub-Director of SCT.  And this person has over 700 forms of which about 300 are ours that need to be reviewed and signed along with reviewing procedures, staff requirements, etc.
(The rumor mill has it that there will be more changes in Mexico City) 

And, Nevarez has taken the position that if the BBP is to submit forms for our members, that we need to have a full time presence in Mexico City and, that all authorizations be paid for in Mexico so…..  

The BBP is looking at several options including a handling company in Mexico however, in fairness to all, we must discontinue to accept new applications until the dust settles.

We will be posting the N-Numbers of all aircraft that have submitted through the BBP within the next several days.

A Personal Message All

There have been a lot of changes in Mexico within the last several years and, most recently, a tragic series of events in New York and Washington DC.  Many of the changes have resulted in less flights and flight freedom first in Mexico and most recently, in the US. 

The BBP has spent considerable time in Mexico City working with the Mexican Government in an attempt to make positive changes.  And, most recently, we worked with both the AOPA and the FAA in removing the requirement for all US/Mexican/Canadian border flights to be IFR. 

All of the above have taken considerable time and money.  Where prior to the past period of time, my work consisted of writing the BBP Journal, talking to people about crossing the border, and planning trips, it is now almost all in lobbing efforts in Mexico City.   

There has been several changes made within the past period of time that have made considerable improvements.  These changes were because of the direct action of the BBP. 

I have had several people indicate that as a way of protesting to the Mexican Government, that they are not renewing their membership in the BBP.  In addition, I have been told that many are not keeping current with the BBP because they can get most of the information they want off the BBP website without being a member.  That position does not help them, the BBP, or the BBP’s efforts.   

If you want to continue to fly to Mexico and see improvements in both fees and conditions, we ask that you continue to support and promote the BBP, it’s goals, and its actions as well as to keep your dues current.  It takes money to make things happen.

We are making a major impact.

Mexico Simplifies Requirements
for US Aircraft Flying in Mexico

October 20, 2000
AOPA Convention 2000
Long Beach, California

Jack McCormick, President of the Baja Bush Pilots Association, has been appointed by Senator Alejandro Gutierrez of the Republic of Mexico to sit on and participate in a special committee named "Simplification for the Private Aviation in Mexico".

This committee held its first meeting in Mexico City on October 11, 2000 and was attended by four Senators of the Mexican Congress and the Directors of all the Mexican Governmental agencies including SENAM, SCT, Immigration, Customs, Drug Intervention, Taxation, Treasury, and Tourism. In addition there were three members of the private sector, the President of FEMPPA, and McCormick.

The following action was taken and/or confirmed.

1. That the TUA tax for private aircraft is now eliminated  (this is not to be confused with the US$44.00 "Sky Tax", see item 1 below)
2. That all International Airports (except Mexico City) are now Airports of Entry for all private aircraft. This includes piston, turbin, and jet. In addition, we now have a complete list of International Airports which totals 57.
3. That you no longer are required to enter, fly in, and depart Mexico with the same passengers

That the additional requests by the Bush Pilots are being worked on and will be addressed at our next meeting which is tentatively scheduled for the middle of November.

To be acted on but not approved at this time:

1. That a 360 day multi-entry General Declaration permit (and fee payment) for non-commercial American aircraft for entry into Mexico be established with a fee of about US$50 per year.
2. That all entry forms be combined into one
3. That at all controlled airports, a one-window payment system be created, that a cash register is used, and that credit cards be accepted
4. That Immigration for persons entering Mexico via private aircraft will be for 180 days and be multi-entry
5. That flight plans for VFR flights are not required
6. That if flight plans are required, that they can be filed and opened via radio, telephone, the Internet, or at flight service.
7. That it will be no longer necessary to check out of a Mexican AOE when departing Mexico
8. That a book will be printed outlining the current procedures and charges for flying in Mexico
9. That procedure for consistency be established at all airports.

This committee has been formed because of the efforts of the Federacion Mexicana de Pilotos y Propiertarios de Aeronaves (FEMPPA) and the Baja Bush Pilots (BBP). The BBP has documented that, over the past two years, fees and taxes for the American pilot flying into Mexico have increased 683% and that border crossing via private aircraft into Mexico for tourism is down over 50%. In addition, the BBP has written countless letters to the various Senators and Secretaries of the Mexican Government as well as have forwarded to the Government over 300 letters and e-mail from its members.

Senator Gutierrez has indicated appreciation for the input from the BBP and also indicates that the Mexican Government, FEMPPA, and the BBP will keep working together to accomplish our goals. He also indicates that of the nine additional requests by the BBP, some will require departmental action and others will require legislative action however, all will be reviewed and acted on no later than January 1, 2001.

The Baja Bush Pilot Association was formed 31 years ago with the intent of providing fun and safety for those flying across the Mexican Border. The Association presently has 1,400 dues paying members, almost all who are pilots and share the love of flying Mexico and Central America. In addition to providing airport guides, charts, and border crossing information, the BBP also sponsors and leads group trips to Baja, Mainland Mexico, and, once a year, through Mexico, Guatemala, El Salvador, Honduras, Niagara, Costa Rica, and Panama.

For further information

Senador Alejandro Gutierrez, Senador de la Republic of Mexico (Mexico City)  011 52 534 53329

Jack McCormick, President of the Baja Bush Pilots (Mesa, AZ)
480 730 3250

Dr. Luisa Romero M del Sobral, President of FEMPPA (Tehuacan, Mexico)  011 52 238 30260

Not in the release but in addition to the above list, a change that will have major impact on airstrips is changing the licensing requirements for airports from every three months to every five years. With this change, it is hoped that many strips that have been closed because of paperwork will re-open.

Jack´s working hard in his South of the Border Baja Bush Pilots office.