Lawful presence of foreign goods: what importers must prove
A company may have foreign goods in its facility, warehouse, or storage area and still not be prepared for a review.
The issue is not only whether the goods were imported. The issue is whether the company can demonstrate, when requested, which document proves their lawful presence in Mexico.
This applies to raw materials, inputs, machinery, equipment, tools, molds, containers, packaging, spare parts, fixed assets, and any foreign-origin goods located within the company’s facilities.
The risk is not only in the importation
Many companies import correctly, but over time they lose documentary traceability.
Goods move from warehouse to production. Fixed assets change location. Files remain with the customs broker. Pedimentos are available, but not linked to the physical inventory. Internal departments do not work with the same information.
When this happens, the company may have documents, but not necessarily be able to immediately prove lawful presence.
Questions a company should be able to answer
During a review, the company should be able to identify:
- What foreign goods it physically has.
- Where those goods are located.
- Which pedimento or document proves their lawful presence.
- Whether they are recorded in inventory.
- Whether they match what was declared to the authority.
- Whether they are temporary goods, definitive imports, fixed assets, inputs, tools, or production materials.
- Whether the supporting file is complete and available.
When these answers are not clear, the risk increases.
Not necessarily because there is an irregularity, but because the company may not be ready to demonstrate compliance.
Warning signs
It is advisable to review lawful presence if:
- There is foreign machinery or equipment without a clear file.
- The physical inventory is not linked to pedimentos.
- There are old materials with no traceability.
- The customs broker keeps documents that the company has not integrated internally.
- It is unclear whether certain goods were temporarily or definitively imported.
- Fixed assets have been moved between locations without documentary control.
- Warehouse personnel do not know which documents support the goods.
- Information is scattered among trade, accounting, tax, and operations teams.
These gaps usually appear when the operation grows faster than the documentary control.
How can TradeWorks help?
At TradeWorks, we help importers and IMMEX companies review the documentation that proves the lawful presence of their foreign goods.
Our approach seeks to connect the physical with the documentary: goods, location, pedimento, file, inventory, and system.
The goal is to prevent the company from waiting until an authority visit to discover that it cannot link its goods to the corresponding support.
Can you prove the lawful presence of the foreign goods in your facility?
Schedule a preventive review with TradeWorks.