Security Briefing: Local Laws

The information below has been excerpted from the following: 1) the US Department of State's "International Travel" website (travel.state.gov/travel/), 2) the Australian Department of Foreign Affairs and Trade's "Smartraveller" website (www.smartraveller.gov.au), and 3) the UK Foreign and Commonwealth Office's "Foreign Travel Advice" website (www.gov.uk/foreign-travel-advice/). Additional information is available from these sources. World Trade Press annually assesses the information presented on this page.

United States: Department of State International Travel Information

While in a foreign country, an individual is subject to that country’s laws and regulations, which can differ significantly from those in the United States. and may not afford the protections available to the individual under U.S. law. The trial process and typical investigation/prosecution timeline in Mexico is significantly different from that in the United States, and procedures may vary from state to state. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating Mexican laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possession, use or trafficking in illegal drugs in Mexico are severe, and convicted offenders can expect long jail sentences and heavy fines. If you break local laws in Mexico, your U.S. citizenship will not help you avoid arrest or prosecution. It is very important to know what is legal and what is illegal wherever you go. If arrested in Mexico, a U.S. citizen must go through the foreign legal process including possible charge or indictment, prosecution, possible conviction and sentencing, and any appeals process. Within this framework, U.S. consular officers provide certain services to U.S. citizens and their families, including information about local attorneys, and advocacy to ensure fair and humane treatment.

Sexual Crimes

Sexual exploitation of children or using or disseminating child pornography in a foreign country is a crime prosecutable in the United States. Soliciting sexual services of a minor is illegal in Mexico, and is punishable by imprisonment. The Mexican government has announced an aggressive program to discourage sexual tourism. Police authorities in the state of Baja California recently began enforcement of anti-pedophile legislation.

Arrests and Notifications

The Mexican government is required by international law to notify the U.S. Embassy or the nearest U.S. consulate promptly when a U.S. citizen is arrested, if the arrestee so requests. In practice, however, depending on where the arrest takes place, this notification can be months late, or may never occur at all, limiting the assistance the U.S. Government can provide. U.S. citizens should promptly identify themselves as such to the arresting officers, and should request that the Embassy or nearest consulate be notified immediately. Also see the “grandparent scam,” described above in the Harrassment/Extorsion section, in which a U.S. citizen is alleged to be detained by authorities in Mexico in attempt to get relatives in the United States to wire money. Confirm an alleged detention or arrest with the Embassy or consulate before taking any other action.

Prison Facilities

Prison conditions in Mexico can be extremely poor. In many facilities food is insufficient in both quantity and quality, and prisoners must pay for adequate nutrition from their own funds. Many Mexican prisons provide poor medical care, and prisoners with urgent medical conditions may receive only a minimum of attention. U.S. citizens who are incarcerated in Mexico are sometimes forced to pay hundreds and even thousands of dollars in “protection money” to fellow prisoners. From 2009 through 2012, 29 U.S. citizen deaths in Mexican prisons have been reported, including at least 9 apparent homicides.

Prisoner Treatment/Interrogations

Mexico is party to several international anti-torture conventions, and the Mexican Constitution and Mexican law accordingly prohibit torture; however, in its annual report, Mexico's National Commission on Human Rights documents cases of Mexican security forces seeking to obtain information through torture. Convictions for torture or for any alleged abuses by security forces are rare. U.S. citizens have reported being beaten, raped, and subjected to severe interrogation techniques while in the custody of Mexican security forces.

Drug Penalties and Prescription Medications

Penalties for drug offenses are strict, and convicted offenders can expect large fines and jail sentences of up to 25 years. The purchase of controlled medications requires a prescription from a licensed Mexican physician. Some Mexican doctors have been arrested for writing prescriptions without due cause. In those instances, U.S. citizens who purchased the medications have been held in jail for months waiting for the Mexican judicial system to make a decision on their case. Marijuana prescriptions (or “medical marijuana”) are not valid in Mexico. Individuals in possession of a state medical marijuana license should remember that the license is not valid outside of the borders of that state, and bringing marijuana into Mexico – even if it is accompanied by a prescription – is considered international drug trafficking, a serious federal offense. The Mexican list of controlled medications differs from that of the United States, and Mexican public health laws concerning controlled medications are unclear and often enforced selectively. To determine whether a particular medication is controlled in Mexico or requires a prescription from a Mexican doctor for purchase, please consult the website of the Mexican Federal Commission for Protection against Health Risks (Comisión Federal para la Protección contra Riesgos Sanitarios - COFEPRIS).

The U.S. Embassy cautions that possession of any amount of prescription medication brought from the United States, including medications to treat HIV, and psychotropic drugs such as Valium, can result in arrest if Mexican authorities suspect abuse, or if the quantity of the prescription medication exceeds the amount required for several days' use. Individuals are advised to carry a copy of the prescription. If significant quantities of the medication are required, individuals should carry a doctor's letter explaining that the quantity of medication is appropriate for their personal medical use.

Buying Prescription Drugs

Any drug classified as a controlled medicine, including antibiotics, by the government of Mexico cannot be purchased in Mexico without a Mexican prescription. This prescription must be written by a physician who is federally registered in Mexico. Purchasing a controlled medicine without a valid prescription in Mexico is a serious crime for both the purchaser and the seller. Purchasing a controlled medicine with a U.S. prescription is not sufficient and is illegal, regardless of what the Mexican pharmacy may be willing to sell to the purchaser. By law, Mexican pharmacies cannot honor foreign prescriptions. U.S. citizens have been arrested and their medicines confiscated by Mexican authorities when their prescriptions were written by a licensed U.S. physician and filled by a licensed Mexican pharmacist. There have been cases of U.S. citizens buying prescription drugs in border cities only to be arrested soon after or have money extorted by criminals impersonating police officers. Those arrested are often held for the full 48 hours allowed by Mexican law without charges being filed, then released. During this interval, the detainees are often asked for bribes or are solicited by attorneys who demand large fees to secure their release, which will normally occur without any intercession as there are insufficient grounds to bring criminal charges against the individuals. In addition, U.S. law enforcement officials believe that as many as 25 percent of the medications available in Mexico are counterfeit and substandard. Such counterfeit medications may be difficult to distinguish from the real medications and could pose serious health risks to consumers. The importation of prescription drugs into the United States can be illegal in certain circumstances. U.S. law generally permits persons to enter the United States with only an immediate supply (i.e., enough for about one month) of a prescription medication.

Criminal Penalties for Possession

Mexico has new laws that have been touted by the press as making the possession of drugs for personal use legal. Many of the allowable amounts are much less than what has been reported by the news media. Additionally, the new drug laws include stiffer penalties for many drug offenses, and the sale and distribution of drugs continues to be illegal in Mexico. U.S. citizens traveling to Mexico should review this information to avoid possible prosecution under Mexican law.

Importing Medicines into Mexico

Medications for personal use are not subject to duty when hand-carried into Mexico. Individuals are advised to carry a copy of their prescriptions in the event they are asked to prove that the medicines are for personal use. To ship (import) prescription medication into Mexico for personal use, a foreigner must obtain a permit from the Mexican Health Department prior to importing the medicine into Mexico. For a fee, a customs broker can process the permit before the Mexican authorities on behalf of an individual. If using the services of a customs broker, it is advisable to agree upon the fees before telling the broker to proceed. Current listings of local customs brokers (agencias aduanales) are available in the Mexico City yellow pages.

Firearms Penalties

Illegal firearms trafficking from the United States into Mexico is a major problem and the Mexican government has strict laws prohibiting the importation of weapons. The Department of State warns all U.S. citizens against taking any type of firearm or ammunition into Mexico. Entering Mexico with a firearm, certain types of knives, or even a single round of ammunition is illegal, even if the weapon or ammunition is taken into Mexico unintentionally. The Mexican government strictly enforces laws restricting the entry of firearms and ammunition along all land borders and at airports and seaports, and routinely x-rays all incoming luggage. U.S. citizens entering Mexico with a weapon or ammunition (including a small number of bullets), even accidentally, generally are detained for at least a few days, and violations by U.S. citizens have resulted in arrests, convictions, and long prison sentences. Travelers are strongly advised to thoroughly inspect all belongings prior to travel to Mexico to avoid the accidental import of ammunition or firearms. For more information visit the websites for the Mexican Secretary of Defense and Mexican Customs.

Vessels entering Mexican waters with firearms or ammunition on board must have a permit previously issued by the Mexican Embassy or a Mexican consulate. Mariners do not avoid prosecution by declaring their weapons at the port of entry. Before traveling, mariners who have obtained a Mexican firearm permit should contact Mexican port officials to receive guidance on the specific procedures used to report and secure weapons and ammunition.

Weather Conditions

Weather conditions in Mexico vary as they do in various parts of the United States. From June to November, the country may experience strong winds and rains as a result of hurricanes in the Gulf of Mexico or along the Pacific Coast. Some areas may experience earthquakes. It is prudent to leave a detailed itinerary, including local contact information and expected time and date of return, with a friend or family member, as well as sign up for the Smart Traveler Enrollment Program.

Water Sports

Visitors to Mexico, including to local resort areas, should carefully assess the potential risk of recreational activities. Recreational facilities such as pools may not meet U.S. safety or sanitation standards. Swimming pool drain systems may not comply with U.S. safety standards and swimmers should exercise caution. Several U.S. citizens have died in hotel pools in recent years. Do not swim in pools or at beaches without lifeguards. Parents should watch minor children closely when they are in or around water. U.S. citizens have drowned or disappeared at both remote and popular beaches along the Mexican coasts.

Warning flags on beaches should be taken seriously. If black flags are up, do not enter the water. In Cancun, there is often a very strong undertow along the beach from the Hyatt Regency all the way south to Club Med. Several drowning and near-drowning incidents have been reported on the east coast of Cozumel, particularly in the Playa San Martin-Chen Rio area. In Acapulco, avoid swimming outside the bay area. Several U.S. citizens have died while swimming in rough surf at the Revolcadero Beach near Acapulco. Despite the presence of U.S.-trained lifeguards, several U.S. citizens have drowned in the area of Zipolite Beach in Puerto Angel, Oaxaca, because of sudden waves and strong currents. Beaches on the Pacific side of the Baja California peninsula at Cabo San Lucas can be dangerous due to rip tides and rogue waves; hazardous beaches in this area are clearly marked in English and Spanish. Even people simply walking along the beaches have been washed into the ocean by rogue waves. Encounters with sharks have occurred all along Mexico’s coastline, particularly in the Gulf of Mexico near Veracruz and Cancun and along the Pacific Ocean coast, including near Ixtapa. Surfers and other water sports enthusiasts should always inquire about local conditions before going into the water. Do not swim alone in isolated beach areas. Beaches may not be well-marked, and strong currents could lead to dangerous conditions for even the most experienced swimmers. Do not dive into unknown bodies of water, because hidden rocks or shallow depths can cause serious injury or death.

Rented sports and aquatic equipment may not meet U.S. safety standards or be covered by any accident insurance. Scuba diving equipment may be substandard or defective due to frequent use. Inexperienced scuba divers in particular should beware of dive shops that promise to “certify” you after only a few hours' instruction. There are several hospitals and medical centers with hyperbaric decompression chambers to treat the effects of nitrogen narcosis (commonly referred to as the “bends”) in Mexico. These tend to be in large cities and near tourist destinations where scuba diving is common, such as the Yucatan Peninsula. Please note you will be expected to pay for service up front and likely in cash. Parasailing has killed U.S. citizen tourists who were dragged through palm trees or were slammed into buildings. U.S. citizen tourists have also been killed in jet-ski accidents, especially in group outings when inexperienced guides allowed clients to follow each other too closely. Accidents involving breaking zip-lines have also occurred.

Boats used for excursions may not carry adequate life jackets, radios, or tools to make repairs in the event of engine failure and may not be covered by accident insurance. Mariners preparing to depart from a Mexican harbor should visit the harbormaster and leave a detailed trip plan, including intended destination and crew and passenger information.

Resort Areas and Spring Break

Over 3 million U.S. citizens travel to Cancun and other Mexican beach resorts each year, including as many as 120,000 during "spring break" season, which normally begins in mid-February and runs for about two months. Excessive alcohol consumption, especially by U.S. citizens under the legal U.S. drinking age, is a significant problem. The legal drinking age in Mexico is 18, but it is not uniformly enforced. Alcohol is implicated in the majority of arrests, violent crimes, accidents, and deaths suffered by U.S. citizen tourists. See also the section above entitled “Sexual Assault.”

Mountain Climbing and Hiking

Travelers who wish to climb Pico de Orizaba in Veracruz should be aware that summer droughts in recent years have removed much of the snow coating and turned the Jamapa Glacier into a high-speed ice chute, increasing the risk of death or serious injury. At least 17 climbers have died on the mountain and 39 have been injured in recent years, including U.S. citizens. Rescue teams operate without the benefit of sophisticated equipment. Any medical treatment provided in local hospitals or clinics must be paid in cash. While regulation of the ascent is minimal and guides are not required, the U.S. Embassy recommends hiring an experienced guide.

The Popocatepetl Volcano, located 40 miles southeast of Mexico City, and the Colima Volcano, located approximately 20 miles north-northeast of Colima city in the state of Colima on the southwestern coast, are two of the most active volcanoes in Mexico. Remain within the designated tourist area and observe all safety recommendations from the Mexican Proteccion Civil that monitors the conditions of the volcano. Ash emitted from the volcano can disrupt air travel. 

When departing on an outing to backcountry areas to hike or climb, it is prudent to leave a detailed itinerary, including route information and expected time and date of return, with your hotel clerk or a friend or family member.

Marriage and Divorce Requirements in Mexico

In general, to marry a Mexican national in Mexico, a U.S. citizen must be physically present in Mexico and present documents required by the jurisdiction where the marriage will take place. U.S. citizens who marry U.S. citizens or other non-Mexicans are not subject to a residence requirement, but are required to present their tourist cards. For additional information on marriages in Mexico, contact the Mexican Embassy or nearest Mexican consulate in the United States. Divorce requirements may vary according to jurisdiction. The U.S. Embassy recommends that U.S. citizens consult an attorney and/or the Mexican Embassy or nearest Mexican consulate for information on divorces in Mexico.

Australia: Department of Foreign Affairs and Trade Travel Advice

When you are in Mexico, be aware that local laws and penalties, including ones that appear harsh by Australian standards, do apply to you. If you are arrested or jailed, the Australian Government will do what it can to help you but we can't get you out of trouble or out of jail. In Mexico, suspects may be considered guilty until proven innocent.

Information on what Australian consular officers can and cannot do to help Australians in trouble overseas is available from the Consular Services Charter.

The Mexican constitution expressly prohibits political activity by foreign nationals while they are in Mexico. This includes participation in protests or demonstrations. Such activity may result in detention or expulsion from Mexico for up to 10 years.

Mexico City has passed a law allowing same-sex marriages. Same-sex civil unions are legally performed in Mexico City and the state of Coahuila. Homosexuality is tolerated rather than accepted and public displays of affection between same sex couples should be avoided.

Penalties for drug offences are severe and include lengthy prison sentences in local jails. This may also include controlled medications if not purchased with a legal prescription.

People who rent or borrow cars in Mexico are responsible for any illegal items found in those vehicles, even if they were unaware of their presence. There are strict rules regarding foreigners driving in Mexico especially in relation to the reporting of accidents and having a relevant insurance policy. If you intend to drive within Mexico, you should ensure that you are well-informed of these laws.

You can be arrested for possession of Mexican archaeological artefacts.

It is illegal to enter Mexico, including Mexican waters, with firearms and/or ammunition without having a permit. This permit has to be issued by a Mexican embassy or consulate prior to your arrival. It cannot be done once you arrive. Mexican authorities strictly enforce these rules at all land borders, airports and seaports.

Australians residing in Mexico and planning to acquire property or invest in time-share agreements should undertake thorough research and seek the advice of a qualified lawyer before making any financial commitments.

Some Australian criminal laws, such as those relating to money, laundering, bribery of foreign public officials, terrorism, child pornography, and child sex tourism, apply to Australian overseas. Australians who commit these offences while overseas may be prosecuted in Australia.

Australian authorities are committed to combating sexual exploitation of children by Australians overseas. Australians may be prosecuted at home under Australian child sex tourism and child pornography laws. These laws provide severe penalties of up to 25 years’ imprisonment for Australians who engage in child sexual exploitation while outside of Australia.

Information for dual nationals

Our Dual Nationals brochure provides further information.

United Kingdom: Foreign and Commonwealth Office Foreign Travel Advice

The police sometimes ask foreigners to show some form of identification. You should carry a photocopy of the relevant pages of your passport and leave the original in a safe place.

Don’t become involved with drugs of any kind. Penalties for drug offences are severe. Convictions carry sentences of up to 25 years.

Although civil unions between same sex partners are now legal in Mexico City and the state of Coahuila, homosexuality in Mexico is generally tolerated, rather than accepted. Public displays of affection between same sex couples may be frowned upon.

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