G/SCM/Q2/MEX/3 8 
26 April 2021 
(21-3518) Page: 1/3 
Committee on Subsidies and  
Countervailing Measures  Original:  Spanish  
 
  
SUBSIDIES  
REPLIES TO THE QUESTIONS POSED BY THE UNITED STATES1 
REGARDING THE NEW AND FULL NOTIFICATIONS OF MEXICO2 
The following communication, dated and received on 23 April 2021, is being circulated at the request 
of the delegation of the Mexico . 
 
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FISHERIES AND AQUACULTURE SECTOR  
I. Programme for the Promotion of Fisheries and Aquaculture Productivity  
Question 1  
The notification states the purpose of the program is to increase output within a 
framework of sustainability. Can Mexico please explain whether these programs might 
increase Mexico's overall fishing capacity? Can Mexico also explain what measures will be 
taken to ensure sustainability measures will be followed?  
Reply 
The purpose of the programme for the promotion of fisheries and aquaculture productivity is not to 
increase the number of vessels, but rather to increase the  efficien cy of existing vessels  and to 
support  fisheries management  projects  and comprehensive camp aigns for the  promotion of  fisheries 
and aquaculture products in order to improve the diet s of Mexican families . 
It should be pointed out that this incentive was not granted  for 2020. The subsidy currently being 
granted is "Bienpesca", which provides direc t economic support for coastal fishers, inland fishers, 
crews of large vessels and operatives at aquaculture production units. This support is focused on 
promoting the productive development of vulnerable fishing communities that have a direct impact 
on the welfare of small -scale producers, thereby avoiding encouraging overfishing or overcapacity . 
II. Modernization of Large Vessels and Modernization of Small Vessel s 
Question 2  
Can Mexico please explain whether these programs might increase Mexico's overall 
fishing capacity? Can Mexico also explain if the modernization of the vessels will increase 
each vessel's fishing capacity?  
 
1 G/SCM/Q2/MEX/34.  Please note that the replies to questions 4 and 6 have not yet been provided.  
2 G/SCM/N/343/MEX and G/SCM/N/315/MEX.  G/SCM/Q2 /MEX/3 8 
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  Reply 
Firstly, it should be pointed out that this incentive is not in effect for 2020. However, when in effect, 
the implemen tation of this incentive did not increase the fishing effort as it contributed solely  to 
promot ing the modernization of the entire commercial fishing fleet, given that the majority of this 
fleet is an average of 35 years old and therefore requires excessiv e maintenance and high operating 
costs in order to prevent it from deteriorating further . 
The subsidy currently being granted is "Bienpesca", which provides direct economic support for 
coastal fishers, inland fishers, crews of large vessels and operatives at aquaculture production units. 
This support is focused on promoting the productive development of vulnerable fishing communities 
that have a direct impact on the welfare of small -scale producers, thereby avoiding encouraging 
overfishing or overcapacity . 
III. Capacity -Building  
Question 3  
The notification states the objective of the program is to build production capacity. What 
impact will this program have on Mexico's overall fishing capacity?  
Reply 
The purpose of this programme was not to increase fishing capa city, but rather to promote training , 
such as on  the efficient use of turtle excluder devices (TEDs) and fish excluder devices (FEDs), as 
well as good management practices aboard small vessels, health and safety, among others . 
However, it should be clarified that this programme was not applied  for 2020. The only programme  
applied was  "Bienpesca ", which provides  direct economic support for coastal fishers, inland fishers, 
crews of large vessels and operatives at aquaculture produ ction units. This support is focused on 
promoting the productive development of vulnerable fishing communities that have a direct impact 
on the welfare of small -scale producers, thereby avoiding encouraging overfishing or overcapacity . 
FILM SECTOR  
Question 4  
The notification lists several film related programs that fall under the Incentive 
Programme for Creators. Can Mexico please provide further information on the 
Programme for Creators, including eligibility criteria, the objective, to whom the 
incentives are being provided and what type of incentives are being provided under the 
program?  
HIGH -TECHNOLOGY SECTOR  
I. Public Trust Fund to Promote the Development of Domestic Suppliers and Contractors 
for the Energy Industry  
Question 5  
Can Mexico please p rovide further information regarding the Public Trust Fund which 
provides financial support under this program? The notification states that the "unit 
responsible for domestic content and the promotion of production chains and investment 
in the energy sect or, which is attached to the Department of Industry and Trade, the 
Ministry of the Economy …" Can Mexico please explain whether under this program there 
are any domestic content requirements?  G/SCM/Q2 /MEX/3 8 
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  Reply 
 
Under Article 17, subparagraph XII of the Internal Regula tions of the Ministry of the Economy, the 
unit responsible for domestic content and the promotion of production chains and investment in the 
energy sector is charged with  "coordinat ing and monitoring  the operation of trust  funds  and other 
instruments for the  implement ation of  national policy on domestic content and the development of 
suppliers and contractors for the energy industry, in accordance with the Hydrocarbons Law and the 
Law on the Electri city Industry".  
The Public Trus t Fund to Promote the Development of Domestic Suppliers and Contractors for the 
Energy Industry ("Trust Fund") was established under  Articles 125 and 127 of the Hydrocarbons Law 
and 90 and 92 of the Law on the Electricity Industry.  
The operation of this Tr ust Fund is governed by  its Rules of Operation  in force , i.e. those a dopted 
in 2019.  
In this connection , and pursuant to  paragraph 32 of the 2019 Rules of Operation  of the Trust Fund , 
target businesses  shall be eligible to receive  support from the Trust Fu nd, on a non -discriminatory 
basis, providing they meet the following requirements : 
(a) They must b e incorporated under  current Mexican Law; 
(b) They must carry out manufacturing activities and/or energy sector services;  
(c) They must b e enrolled in the Federal Registe r of Taxpayers;  
(d) Their current legal representative  or agent  must be authorized to conduct acts of administrat ion, 
lawsuits and collections;  
(e) They must be  up to date with their tax obligations and submit a record of compliance with tax 
obligations  in which the Tax Administration Service  confirms that this is the case , pursuant to 
Article 32 -D of the Federal Tax Code;  
(f) They must not have received  support under this Trust Fund or other federal programmes  within 
the six months prior to the submission o f their request for support, which would imply the 
substitution or duplication of support ; and 
(g) Beneficiaries under this Trust Fund  in prior fiscal years must have satisfactorily fulfilled  or be up 
to date with their obligations arising  from the authorized support.  
These requirements are laid down in section VI.2 "Accreditation of Applicants" of the Rules of 
Operation.  
II. General Import Tax for the Border Region and the Northern Border Zone  
Question 6  
The notification states that the objective under this program is to increase companies' 
international competitiveness. Can Mexico please explain whether the incentives received 
under this program are contingent upon export? If so, please explain  how this program 
meets Mexico's obligations under the Article 3.1(a) of the SCM Agreement. Can Mexico 
please provide the industries and sectors that benefit from this program?  
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