For U.S. companies operating in Mexico, the single most common source of FCPA exposure is not a rogue executive — it is the network of third parties who interact with the government on the company’s behalf. And nowhere is that more concentrated than at the customs line.
Why is customs a top FCPA risk in Mexico?
Importing and exporting goods means constant contact with customs authorities, inspectors, and the brokers and agents who clear shipments. Each touchpoint is an opportunity for an improper payment to “speed things up” — and under the U.S. Foreign Corrupt Practices Act, a payment made by your broker to a Mexican official can become your company’s violation.
The risk is structural, not occasional: a manufacturer running an IMMEX operation may clear shipments daily, multiplying the number of government interactions across the year.
Are we liable for payments our customs broker makes?
Yes — and that is the part companies underestimate. The FCPA reaches improper payments made by agents and intermediaries acting on your behalf, particularly where the company ignored red flags or consciously avoided knowing what its broker was doing. “We didn’t know” is not a defense if you failed to do reasonable diligence.
How do you manage third-party FCPA risk at the border?
A defensible program has a few non-negotiable parts:
- Due diligence on brokers, freight forwarders, and agents before you engage them — ownership, government connections, reputation, and references.
- Contractual commitments: anti-corruption representations, audit rights, and termination triggers in every third-party agreement.
- Payment controls so there is no budget line that can quietly fund facilitation payments.
- Training for the people who manage logistics and broker relationships, in Spanish and English.
- Ongoing monitoring — diligence at onboarding is not enough if you never look again.
Critically, facilitation payments — the small “grease” payments to speed routine actions — are illegal under Mexican law and should be prohibited outright, regardless of the FCPA’s narrow exception.
The takeaway
Customs is where FCPA theory meets daily operational reality in Mexico. The companies that stay clean are the ones that treat third-party diligence as a standing process, not a one-time checkbox. For the full picture, see our overview of FCPA compliance for Latin America, or request a compliance review.