México Perfil del Miembro
Situación de las notificaciones correspondientes al período sobre el que se informa
2010-2012
2012-2014
2014-2016
2016-2018
2018-2020
2020-2022
2022-2024
2024-2026
Información sobre la notificación
Tipos de restricciones
Todos los períodos bienales y todas las notificaciones
Top 10 de los capítulos del HS notificados
Todos los períodos bienales y todas las notificaciones
Top 10 de las justificaciones de la OMC notificadas
Todos los períodos bienales y todas las notificaciones
Top 10 de los compromisos no OMC notificados
Todos los períodos bienales y todas las notificaciones
Detalles de la restricción cuantitativa
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Examen de las políticas comerciales
Último Examen de las Políticas Comerciales (Informe de la Secretaría de la OMC) WT/TPR/S/429/Rev.1
A. Importación prohibiciones, restricciones y licencias de importación
3.53.
Mexico continues to prohibit the import of certain products (41 tariff lines at the HS 2017 8‑digit level), in particular chemicals and drugs (Table 3.10).[179] Since the last review, some products from the chemical industries (18 lines from HS Chapters 29 and 38) and vaping devices have been added to the list, including electronic cigarettes and tobacco‑heating devices (two lines from HS Chapter 85). The import of products classified under these lines has been prohibited to protect human life and health.[180]
3.61.
In addition to non‑automatic import (export) licences, another type of permit may be required, such as animal health import certificates (Table 3.12). There is an Interministerial Commission for the control of certain products such as pesticides, fertilizers and toxic substances.[190]
3.60.
Non‑automatic licences are generally processed through the Mexican Digital Window for Foreign Trade (VUCEM), regardless of the institution that issues them, except for used clothing, in which case the process is carried out physically in federal branches and sub‑branches of the SE. The deadline for issuing non‑automatic licences may not exceed 15 working days from the date of application. These licences are generally valid for one year and may be extended for a further year up to three times, except in the case of hydrocarbons and petroleum products, for which they may be valid for up to five years and extended once only for the same validity period.[189]
3.59.
Non‑automatic licences are also required to import inputs under the IMMEX and PROSEC programmes. The procedure to obtain non‑automatic licences for products imported under these programmes, listed in Chapter 98 of the Tariff, is different from the procedure used to obtain other non‑automatic licences; in this case, the licences are regulated by Additional Rule 8a.[187] Rule 8a concerns the licence issued by the SE for 25 tariff items under heading 98.02 of the Tariff, which allows companies to import machinery and equipment, materials, inputs, parts and components with preferential tariffs.[188]
3.58.
Non‑automatic licensing applies to products originating in all countries, except where it is used to administer undertakings negotiated under trade agreements.[186] The SE is responsible for issuing most non‑automatic licences, although some of these are regulated and issued by other Ministries such as SENER (petroleum products) and SEMARNAT (anti‑pollution equipment and parts thereof) (Table 3.12).
3.57.
In 2021, 25.2% (1,964 tariff lines at the 8‑digit level of HS 2017) of the total tariff lines that made up Mexico's Tariff were subject to non‑automatic import licensing requirements (prior permits). (Chart 3.3). Over the period 2016‑21, the use of non‑automatic licensing appears to have decreased; however, given the change in nomenclature and the removal of tariff lines from the Tariff, this cannot be stated with certainty. Mexico continues to use both types of licensing for textiles, footwear and metals (Table 3.11).
3.56.
The number of tariff lines subject to automatic licences increased during the review period. Automatic licensing (automatic permits) affected 1,041 tariff lines in 2021, i.e. 13.3% of all tariff lines, while in 2016 that percentage was 8.2% of the total. Automatic licensing continues to be required for the same type of products as in 2016: textiles (764 tariff lines at the HS 2017 8‑digit level), footwear (28 tariff lines at the HS 2017 8‑digit level) and base metals (iron products) (172 tariff lines at the HS 2017 8‑digit level).[183] When requesting a licence, the import procedure and tariff line must be specified, as well as the value and quantity authorized to be imported (or exported) and the period of validity. Licences may be valid for a maximum period of four months depending on the product concerned, and are non‑transferable. Customs may authorize one or more automatic extensions of the validity of the original import licence.[184] The SE approves all applications, provided that the applicants meet the legal requirements to carry out foreign trade transactions in Mexico.[185]
3.55.
Mexico currently uses both automatic licensing (automatic permits) and non‑automatic licensing (prior permits). In principle, the use of one type of licence does not exclude the other, i.e. both licences may be required to import the same good. The use of both licences is due to the fact they serve different purposes. Automatic licences (automatic permits) are used to keep a statistical record of imports[182], while non‑automatic licences are used to regulate the trade of specific products, in order to protect consumers, public health or the environment, regulate the import of inputs under preferential regimes or comply with international treaties or agreements.
3.54.
The licensing system in Mexico is governed by the LCE, its implementing regulations and the Ministry of Economic Affairs Decision issuing General Rules and Criteria for Foreign Trade (most recent amendment published in the Official Journal of 31 December 2019).[181] The Ministry of Economic Affairs (SE) is the body responsible for implementing the system. The goods subject to licensing are reviewed once a year, and removing any product from or adding any product to this list is subject to the favourable opinion of COCEX.
3.52.
Before being imposed, these measures are evaluated by the Foreign Trade Commission (COCEX), except in cases of emergency.[178] COCEX must base its evaluation on an economic analysis, prepared by the relevant department, of the costs and benefits of applying the measure. This analysis may take into account, among other elements, the impact of the measure on prices, employment, competitiveness, tax revenue, consumers, the variety and quality of the available supply and the level of competition in the markets. If COCEX does not accept the proposed measure, the relevant bodies must revise it.
3.51.
The Foreign Trade Law (LCE) and its implementing regulations continue to govern the imposition of non‑tariff regulations and restrictions (RRNAs). The Federal Executive may regulate, restrict or prohibit the import (export), movement or transit of goods, in circumstances deemed to constitute an emergency, by means of decrees published in the Official Journal.[177] The reasons for imposing this type of measure have not changed since 2017. According to the Law, RRNAs may be imposed for the purpose of balancing payments; regulating the entry of used products (waste or products that lack a significant market in their country of origin or provenance); controlling situations related to national security, public health or plant, animal or environmental health; or as provided in international treaties or conventions. RRNAs may consist of: prior permits, maximum quotas, Mexican Official Standards (NOMs), compensatory quotas, certifications, marking of the country of origin or other instruments considered appropriate for the purpose of achieving national trade policy objectives (Article 16 of the LCE).
B. Exportación prohibiciones y restricciones
3.83.
Mexico regulates exports of certain products in order to protect public health, public morality, security and public order; to conserve the country's non‑renewable and historically significant resources; and to guarantee supplies of essential consumer goods and raw materials.[211] Prior to the imposition of measures to regulate exports, the Foreign Trade Commission (COCEX) evaluates studies prepared by the departments proposing the measures in question.
3.88.
Mexico has preferential export quotas under its trade agreements with Colombia (soybean, sunflower and rape or colza oils) and Japan (citric acid and citric acid salts, and agave syrup) and the European Union (cane molasses).[216]
3.87.
During the period under review, there was an increase in the number of tariff lines carrying a non‑automatic licensing requirement. In 2021, 13.54% of the total Mexican tariff schedule (1,057 lines) was subject to non‑automatic export licensing compared to 4.65% (449 lines) in 2016. There was also an increase in the coverage of products subject to non‑automatic export licensing. In 2016, this type of non‑automatic licence was used primarily to regulate exports of chemical products, whereas in 2021, in addition to these products, a licence was required for the export of machines and mechanical appliances. Together with chemical products, these are the main exports to which this type of measure currently applies (Chart 3.5).
3.86.
Non‑automatic export licensing is intended to regulate trade in certain products for the purpose of consumer, health or environmental protection or in order to comply with international treaties or agreements to which Mexico is party.[213] Non‑automatic licences are required for the export of these products to any destination on an MFN basis, with the exception of licences administered under preferential agreements. Non‑automatic licences are processed through the VUCEM and are generally issued by the Ministry of Economic Affairs, although depending on the product, other bodies may also be involved. For example, in the case of export of petroleum products, the Ministry of Economic Affairs will request an opinion from the Directorate‑General for Industrial Hydrocarbon Processing (DGTIH) within SENER and the Tax Revenue Policy Unity (UPIT) within the SHCP. SENER may refuse to grant a licence if the authorization has an impact on public finances, if production is insufficient or if the energy balance analysis shows that the exports concerned jeopardize domestic supplies and are detrimental to Mexico's energy security, or if exporting runs counter to the country's energy policy.[214] For the export of iron ore (HS 2601.11.01 and 2601.12.01), the Ministry of Economic Affairs liaises with the General Office of Mining. In this instance, non‑automatic export licences are granted up to a maximum volume of 300,000 tonnes.[215]
3.85.
The trade regime provides for the use of automatic licensing (automatic permits) and non‑automatic licensing (prior permits) for exports. Automatic licensing is used for the purpose of keeping a statistical record of foreign trade transactions. Licences are issued by the Ministry of Economic Affairs and are available to any legally‑established foreign trade operator. In 2021, 75 tariff lines required an automatic licence, primarily for the export of base metals, certain food products and minerals (Chart 3.5).
3.84.
Mexico bans the export of certain chemical products, drugs and vaping devices (41 8‑digit HS 2017 tariff lines) on the grounds of public health or safety or in order to comply with international agreements. Mexico also prohibits the export of totoaba and turtle eggs of any type (HS 0410.00.01) for environmental conservation reasons.[212] In addition, there is a ban on the export of poppy seeds (HS 1207.91.01) and goods designated as archaeological monuments by the Ministry of Public Education (HS 9705.00.05).
Base de Datos sobre Medio Ambiente (BDMA) de la OMC
La BDMA contiene medidas relacionadas con el medio ambiente que pueden considerarse RC, las cuales, por lo tanto, deben notificarse con arreglo a la Decisión sobre las restricciones cuantitativas.
Ver las medidas relacionadas con el medio ambiente adoptadas por el Miembro