Air Freight of Sensitive Cargo to Mexico: A Detailed Explanation of Legal Prohibitions and Safety Restrictions
In the global logistics system, Mexico, leveraging its unique geographical location and economic status, has become a key hub connecting the North American and Latin American markets. Air freight, as an efficient choice for cross-border logistics, accounts for a significant share of Mexico’s foreign trade. However, Mexico imposes extremely strict controls on air freight cargo, particularly “sensitive cargo.” It not only explicitly prohibits the transportation of certain goods through multiple laws but also sets multi-level safety restrictions for high-risk categories. For enterprises and practitioners engaged in air freight business to Mexico, accurately grasping these legal prohibitions and safety restriction requirements is the core prerequisite for avoiding compliance risks and ensuring smooth cargo transportation. This article will comprehensively analyze Mexico’s regulatory system for air-freighted sensitive cargo from four dimensions: legal framework, prohibited categories, safety restriction measures, and compliance recommendations.
I. Legal Framework for the Regulation of Air-Freighted Sensitive Cargo in Mexico
Mexico’s regulation of air-freighted sensitive cargo is not constrained by a single law but forms a multi-level legal system with “international conventions as the foundation, domestic laws as the core, and departmental regulations as supplements,” ensuring that controls cover the entire process of cargo transportation.
(1) Foundational Constraints from International Conventions
As a contracting party to multiple international logistics and safety-related conventions, Mexico is obligated to translate the requirements of these conventions into domestic regulatory measures. Among them, the ICAO (International Civil Aviation Organization) Technical Instructions for the Safe Transport of Dangerous Goods by Air is one of the core bases. This convention clearly defines the classification, packaging, marking, and transportation operation standards for dangerous goods. All air-freighted cargo in Mexico must comply with its basic definition of “sensitive cargo”—goods that may pose potential risks to aviation safety, human health, or the environment. Additionally, the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) provides guidance for Mexico’s regulation of animals, plants, and their products in air freight, requiring the prohibition of illegal transportation of endangered species. The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances provides international legal support for Mexico’s crackdown on drug trafficking via air freight.
(2) Rigid Constraints from Core Domestic Laws
Mexico has multiple domestic laws that directly establish prohibitions and restrictions on air-freighted sensitive cargo, forming the “hard constraints” of regulation. The Federal Aviation Law is the fundamental law for air freight regulation. Chapter 12 explicitly stipulates that “no goods that may endanger aviation safety shall be transported by air” and authorizes the Mexican Civil Aviation Authority (DGAC) to formulate specific prohibited lists. The Federal Law on Firearms and Explosives adopts a “zero-tolerance” policy towards the air transportation of weapons, ammunition, and explosives. Except for specially approved transportation by the military and police, all civil air transportation of such items is completely prohibited. The Federal Health Law focuses on sensitive cargo such as pharmaceuticals and medical devices, requiring that imported pharmaceuticals transported by air must obtain an Import Pharmaceutical License Certificate issued by the Ministry of Health (SSA); otherwise, they are deemed contraband. The Federal Environmental Protection Law stipulates strict protection standards for the air transportation of radioactive substances, corrosive substances, and other goods that may pollute the environment. Goods that fail to meet these standards are directly prohibited from entering the country.
(3) Detailed Supplements from Departmental Regulations
In addition to national-level laws, various regulatory authorities in Mexico have refined the control requirements for sensitive cargo through regulations. For example, the Air Freight Cargo Inspection Procedures issued by the Mexican Tax Administration Service (SAT, which also performs customs functions) explicitly classifies “sensitive cargo” as a key inspection target, with an inspection rate as high as 80%, and requires additional supporting documents (such as certificates of origin and quarantine reports). The Rules for Air Freight Quarantine of Animal and Plant Products formulated by the Ministry of Agriculture and Rural Development (SADER) require that all animal and plant products transported by air must submit a quarantine application 30 days in advance and can only be transported after passing laboratory testing and obtaining a Quarantine Certificate of Compliance. The Ministry of Environment and Natural Resources (SEMARNAT) has issued the Administrative Measures for Air Freight of Wildlife Products for precious wildlife products, stipulating that any cargo containing components of endangered species—even “trace components”—must obtain an authorization document from the CITES Secretariat; otherwise, air transportation is prohibited.
II. Legally Prohibited Categories of Air-Freighted Sensitive Cargo in Mexico and Case Analysis
Based on the aforementioned legal framework, Mexico explicitly classifies high-risk categories of air-freighted sensitive cargo as “legally prohibited from transportation.” These categories cover security, health, ecology, and other fields, with mandatory prohibitive clauses. Illegal transportation will result in severe penalties.
(1) Weapons and Ammunition: Full-Chain Control from Legal Prohibition
Prohibited Scope: In accordance with Article 25 of the Federal Law on Firearms and Explosives, weapons and ammunition prohibited from air transportation include military firearms (such as assault rifles and machine guns), civilian standard pistols, imitation weapons (model guns identical in appearance to real guns), bullets (including blank ammunition), grenades, landmines, and explosive device components (such as detonators and fuses). Even shooting sports guns used for athletic purposes require “special transportation approval” from the Ministry of National Defense, with an approval cycle of up to 6 months and an approval rate of less than 5%.
Typical Case: In March 2024, Mexican customs seized a batch of air-freighted cargo disguised as “mechanical parts” at Mexico City International Airport, containing 12 imitation pistols and 500 rounds of ammunition. Investigation revealed that the cargo was transported by a U.S. logistics company without obtaining any weapons transportation permits. Finally, in accordance with Article 48 of the Federal Law on Firearms and Explosives, Mexican customs imposed a fine of 2 million Mexican pesos (approximately 700,000 RMB) on the logistics company, confiscated all cargo, and transferred the relevant responsible persons to judicial authorities, who face a maximum imprisonment of 10 years.
(2) Drugs and Prohibited Pharmaceuticals: Dual Prohibition by Law and Anti-Drug Strategy
Prohibited Scope: Article 68 of the Federal Health Law and the Anti-Drug Law explicitly prohibit the air transportation of drugs and prohibited pharmaceuticals, including narcotic drugs and psychotropic substances under international control such as opium, heroin, morphine, cocaine, methamphetamine, and ecstasy. At the same time, prescription drugs without approval from the Ministry of Health (such as cough medicines containing codeine), counterfeit pharmaceuticals (such as antibiotics with forged batch numbers), and health products containing prohibited ingredients (such as weight-loss products containing ephedrine) are also included in the prohibited scope.
Typical Case: In November 2023, Mexican anti-drug authorities and customs conducted a joint operation and seized a batch of drugs transported by air through “split parcels” at Guadalajara Airport, confiscating a total of 3.2 kilograms of cocaine. The drugs were disguised as “chocolate bars” and scattered among 20 civilian parcels. Investigation showed that the cargo was sent by a Colombian trading company, with the destination being an underground drug trafficking network in Mexico. In accordance with Article 32 of the Anti-Drug Law, Mexican customs confiscated all drugs, imposed a fine of 3 million pesos on both the consignee and the logistics company, and collaborated with Colombian police to trace the source, ultimately dismantling a cross-border drug smuggling ring.
(3) Flammable, Explosive, and Radioactive Substances: Absolute Prohibition Centered on Aviation Safety
Prohibited Scope: Article 42 of the Federal Aviation Law and the ICAO Dangerous Goods Regulations classify flammable, explosive, and radioactive substances as “highest-risk prohibited goods.” Among them, flammable and explosive substances include gasoline, diesel (with a concentration ≥ 90%), alcohol (with a concentration ≥ 70%), natural gas cylinders, fireworks, firecrackers, lighters (containing fuel), and explosive reagents used in chemical laboratories (such as ammonium nitrate and ether). Radioactive substances include radioactive elements such as uranium and plutonium, unshielded radioactive medical equipment (such as cobalt-60 equipment for radiotherapy), and radioactive waste.
Typical Case: In August 2022, the Mexican Civil Aviation Authority (DGAC) discovered 10 plastic barrels containing ethanol (with a concentration of 95%) mixed in a batch of air-freighted “industrial raw materials,” without any explosion-proof packaging. In accordance with Article 42 of the Federal Aviation Law, the cargo was immediately seized. The logistics company, for “transporting flammable and explosive substances endangering aviation safety,” had its Air Freight Qualification Certificate revoked and is prohibited from reapplying for 5 years; the cargo owner was fined 1.5 million pesos. This incident also caused an 8-hour delay of the flight, resulting in indirect losses of over 500,000 U.S. dollars for other cargo owners.
(4) Precious Wildlife and Their Products: Dual Constraints of Ecological Protection and Legal Liability
Prohibited Scope: In accordance with Article 51 of the Federal Environmental Protection Law and the CITES Convention, precious wildlife and their products prohibited from air transportation include species listed in CITES Appendices I and II (such as ivory, rhinoceros horns, and Taxus chinensis), species under Mexico’s domestic protection (such as jaguar fur and Mexican parrot feathers), and handicrafts made from these species (such as ivory carvings and coral jewelry). Even “second-hand” wildlife products, such as vintage ivory products, require a CITES-authorized Non-Commercial Transportation Permit; otherwise, air transportation is prohibited.
Typical Case: In January 2024, Mexican environmental authorities seized a batch of air-freighted “artworks” at Mexico City International Airport, including 3 tapestries made from jaguar fur. Identification confirmed that jaguars are Class I protected animals in Mexico’s Endangered Species Protection List, and the tapestries had no valid source certificates. In accordance with Article 78 of the Federal Environmental Protection Law, Mexican customs confiscated and destroyed the tapestries. The cargo owner was sentenced to 2 years in prison for “illegally transporting precious wildlife products,” and the logistics company was fined 800,000 pesos for “failing to verify the legality of the cargo.”
III. Safety Restriction Measures for Air-Freighted Sensitive Cargo in Mexico
In addition to legally explicitly prohibited goods, Mexico also imposes strict safety restrictions on some “quasi-sensitive cargo.” Although these goods are not completely prohibited, they must meet specific safety standards, approval procedures, and operational requirements; otherwise, they still cannot enter the country by air.
(1) Pharmaceuticals and Medical Devices: Approval Restrictions Centered on Safety and Compliance
For non-prohibited pharmaceuticals and medical devices (such as ordinary prescription drugs and medical masks), Mexico implements dual safety restrictions of “approval + inspection.” In accordance with Article 38 of the Federal Health Law, the cargo owner must submit an Import Application for Pharmaceuticals/Medical Devices to the Ministry of Health (SSA) in advance, along with documents such as product manuals, production qualification certificates, and clinical safety reports (for new drugs). The approval cycle is usually 20-30 days. After approval, when the cargo is air-freighted to Mexico, it must undergo joint inspection by customs and the Ministry of Health. The inspection covers whether the pharmaceutical ingredients are consistent with the application, whether the packaging meets hygiene standards, and whether there is a risk of expiration. Only after passing the inspection can the cargo be released.
For example, during the COVID-19 pandemic in 2023, a batch of medical masks air-freighted to Mexico by a Chinese enterprise was detained at Mexican customs for 15 days because the Import Application for Medical Devices was not submitted in advance. Although the masks finally entered the country through supplementary approval, the delay caused them to miss the local emergency anti-epidemic period. The cargo owner not only bore additional storage costs (500 U.S. dollars per day) but also lost a cooperation order with a local medical institution.
(2) Animal and Plant Products: Inspection Restrictions Centered on Quarantine and Prevention
The Ministry of Agriculture and Rural Development (SADER) imposes safety restrictions of “pre-quarantine + on-site inspection” on air-freighted animal and plant products. In accordance with the Rules for Air Freight Quarantine of Animal and Plant Products, the cargo owner must submit an Air Freight Quarantine Application for Animal and Plant Products to SADER 30 days before the cargo is shipped, along with documents such as a certificate of origin quarantine (issued by the official quarantine authority of the exporting country) and a product processing process description (for processed foods). SADER reviews the application materials and, if necessary, requires laboratory testing (such as testing for pests and diseases). After passing the review, a Quarantine Permit Notice is issued. After the cargo is air-freighted to Mexico, it must undergo on-site inspection in a designated “Animal and Plant Quarantine Inspection Area,” covering appearance inspection and sampling testing. Only after passing the inspection and obtaining an Entry Quarantine Certificate can the cargo enter the market for circulation.
In May 2023, a batch of fresh cherries air-freighted to Mexico was determined to be “quarantine non-compliant” in SADER’s quarantine inspection because the Certificate of Origin Quarantine from the exporting country was not obtained. Finally, all cherries were destroyed, resulting in a loss of over 100,000 U.S. dollars for the cargo owner. This case shows that air transportation of animal and plant products that fail to meet quarantine restriction requirements will face the severe consequence of “cargo destruction.”
(3) Electronic Products and Batteries: Packaging and Labeling Restrictions Centered on Transportation Safety
For electronic products containing batteries (such as laptops and mobile phones) and independent batteries (such as lithium batteries), the Mexican Civil Aviation Authority (DGAC) has formulated strict packaging and labeling safety restrictions in accordance with the IATA Dangerous Goods Regulations. Batteries must be packaged separately, with no more than 10 batteries per package, and the packaging materials must be fire-resistant and leak-proof. At the same time, “lithium battery dangerous goods labels” (such as Class 9 dangerous goods labels) and “keep upright” labels must be affixed to the outer packaging. In addition, logistics companies must indicate “contains lithium batteries” on the air waybill and inform the airline in advance to allow the airline to make special loading arrangements (such as avoiding placing battery cargo in high-temperature areas of the cabin).
In February 2024, a batch of mobile phones air-freighted to Mexico was detained by Mexican customs because the lithium batteries were not packaged separately and no dangerous goods labels were affixed. The logistics company had to repackage the batteries in compliance and submit a Battery Transportation Safety Rectification Report to DGAC. The rectification cycle lasted 7 days, causing the mobile phones to fail to be delivered to local retailers on time. The cargo owner thus claimed 200,000 U.S. dollars in liquidated damages from the logistics company.
(4) High-Value Goods and Precious Metals: Tracking and Declaration Restrictions Centered on Safety Supervision
For high-value goods (such as jewelry and luxury goods) and precious metals (such as gold and silver), the Mexican Tax Administration Service (SAT) implements safety restrictions of “full-process tracking + full-value declaration.” The cargo owner must submit a High-Value Cargo Declaration Form to customs before the cargo is air-freighted, specifying information such as the cargo name, quantity, value, place of origin, and consignee address. Customs will assign a unique “supervision code” to the cargo, and the cargo’s location can be tracked in real-time through the air freight logistics system throughout the entire process from the departure airport to the destination airport. When the cargo enters the country, documents such as a commercial invoice and a value certificate (such as a third-party evaluation report) must be provided. Customs will verify the cargo value. If the declared value is inconsistent with the actual value (such as under-declaring the value to evade customs duties), a fine of 1-3 times the declared value will be imposed, and the cargo will be detained.
In December 2023, the declared value of a batch of gold jewelry air-freighted to Mexico was 500,000 U.S. dollars. During customs inspection, a third-party evaluation revealed that the actual value was 1.2 million U.S. dollars, which constituted “under-declaration of value.” In accordance with Article 63 of the Customs Law, customs imposed a fine of 1.4 million U.S. dollars on the cargo owner (twice the declared difference), and the cargo was detained for 30 days. The cargo was only released after the fine was paid, causing the cargo owner to bear high fines and storage costs.
IV. Compliance Recommendations for Air-Freighted Sensitive Cargo in Mexico
Faced with Mexico’s strict legal prohibitions and safety restrictions, enterprises engaged in air freight business to Mexico need to formulate compliance strategies from three stages—”preparation, mid-term operation, and post-event response”—to reduce operational risks.
(1) Preparation Stage: Accurately Identify Cargo Attributes and Complete Approval Procedures in Advance
Before confirming the air-freighted cargo, enterprises must first check whether the cargo belongs to the “legally prohibited category” through the Mexican Customs official website (SAT official website) or professional legal consulting institutions. If the cargo is “quasi-sensitive,” the enterprise must complete the approval procedures in advance in accordance with the requirements of the corresponding regulatory authorities. For example, for pharmaceuticals, an Import Pharmaceutical License must be applied for from the Ministry of Health; for animal and plant products, a Quarantine Permit must be applied for from SADER. Enterprises must ensure that the validity period of all supporting documents matches the transportation time to avoid cargo detention due to expired documents. At the same time, enterprises must clarify detailed cargo information (such