. /.WORLD TRADE
ORGANIZATIONWT/DS284/1
G/L/614
G/LIC/D/37
G/SPS/GEN/375
20 March 2003
(03-1616)
Original:  English
MEXICO – CERTAIN MEASURES PREVENTING THE
IMPORTATION OF BLACK BEANS FROM NICARAGUA
Request for Consultations by Nicaragua
The following communication, dated 17 March 2003, from the Permanent Mission of
Nicaragua to the Permanent Mission of Mexico and to the Chairman of the Dispute Settlement Body,
is circulated in accordance with Article 4.4 of the DSU.
_______________
My authorities have instructed me to request co nsultations with Mexico pursuant to Article 4
of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"),
Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 6 of the
Agreement on Import Licensing Procedures ("Li censing Agreement") and Article 11.1 of the
Agreement on the Application of Sanitary or Phytosanitary Measures ("SPS Agreement") with respect
to certain measures preventing the importation of black beans from Nicaragua.
Nicaragua is particularly concerned about the following measures:
1. The administration of the procedures set out in Official Standard 006-FITO-951 and Official
Standard 028-FITO-952, including the refusal of the competent Mexican authorities to furnish
importers with the document containing the phytosanitary requirements necessary for the
importation of black beans from Nicaragua;
2. The more favourable treatment that the competent Mexican authorities accord in the
administration of the above procedures to like products originating in countries other thanNicaragua;  and
3. The failure to publish the specific phytosani tary requirements for the importation of black
beans from Nicaragua.
4. The failure to publish the rules, requirements and procedures concerning the tender for the
quota allocation of black beans from Nicaragua, including but not limited to, the Public
Tender No. 44/2002 for the period 2002-2003.
                                                     
1 Published in the Diario Oficial de la Federación on 26 February 1996 and entered into force on
27 February 1996.  Notified to the Committee on Sanitary and Phytosanitary Measures on 4 September 1995 asdocument G/SPS/N/MEX/44.
2 Published in the Diario Oficial de la Federación on 12 October 1998 and entered into force on
27 October  1998.  Notified to the Committee on Sanitary and Phytosanitary Measures on 27 September 1995 as
document G/SPS/N/MEX/68.WT/DS284/1, G/L/614,
G/LIC/D/37, G/SPS/GEN/375
Page 2
In the view of Nicaragua, the above measures are inconsistent with Mexico's obligations
under Articles I:1, X:1, X:3(a), XI:1 and XIII:1 of the GATT 1994 and Articles 1.2, 1.3, 1.4(a) and
2.2(a) of the Licensing Agreement.  If the measures listed above are sanitary or phytosanitary
measures as defined in the SPS Agreement, they would, in the view of Nicaragua, not be consistentwith Articles 2.1, 2.2, 2.3, 5.1, 7 and paragraph 1 of Annex B of the SPS Agreement.  Nicaragua
reserves its right to raise further factual or legal issues during the course of the consultations.
Nicaragua considers that, as a result of the above measures, the benefits accruing to it directly
or indirectly under the GATT 1994, the Licensing Agreement and the SPS Agreement are being
nullified or impaired.  Nicaragua therefore requests that the consultations be held at your earliest
convenience with a view to achieving a prompt settlement of the matter.
My authorities look forward to receiving your re ply to this request. I propose that the date and
venue of the consultations be agreed between our missions.
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