G/MA/W/138  
7 May 2018 
(18-2807) Page: 1/4 
Committee on Market Access  Original:  Spanish  
 
  
REPLIES BY MEXICO TO THE QUESTIONS ASKED BY THE EUROPEAN UNION  
IN DOCUMENT G/MA/W/126 REGARDING MEXICO'S  
QUANTI TATIVE RESTRICTION NOTIFICATION (QRS)  
(DOCUMENT G/MA/QR/N/MEX/1/REV.1)  
COMMUNICATION FROM MEXICO  
The following communication, dated 26 April 2018, is being circulated at the request of the 
delegation of Mexico . 
 
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 Reference is made  to the following m easures:  
o No. 7, a non -automatic licen ce for th e importation of used vehicles.  
o No. 32, a non -automatic licence for the importation of fertili zers. 
o No. 37, a non -automatic licence for the importation of forestry sub -products  
o No. 43 and subsequent, non -automatic licences for the importation of 
medical equipment . 
Mexic o justifies the above -mentioned measures as being necessary to protect human, 
animal or plant life or health (Article XX(b) of the GATT).  
 
Could Mexico submit additional clarifications on the procedures necessary to import the 
concerned products?  
 
Non-automatic licences are processed through the Digital Window, irrespective  of the body 
issuing  them.  
o No. 7, a non -automatic licenc e for the importation of used vehicles.  
The requirements generally depend on the type of vehicle . The importing party registers the 
application  for prior consent to definitive import through  the Mexican Digital Window for 
Foreign  Trade, or alternatively submit s the requisite form,  duly completed , to the customer 
services counter  of the appropriate Minis try of the Economy branch office . The processing time for 
such an application is 15 working days in the ca se of personal attendance, or 13  days for an 
Internet submission . Prior import licences for used vehicles are valid for one year and may be 
extended f or a period equal to that initially authorized, subject to there being no change in the 
original criteria.  
 
http://www.siicex.gob.mx/portalSiicex/Transparencia/Permisos/archivos/Fichaspermisos/FICHA%2
0INFORMATIVA%20VEHICULOS%20USADOS.pdf  
 
o No. 32, a non -automatic licence for the importation of fertili zers. 
Importers of such goods must apply to the Interministerial Commission for the Control of the 
Processing and Use of Pesticides, Fertilizers and Toxic Substances (CICOPLAFEST) in order to 
obtain  the corresponding authorizations pursuant to the provisions of Articles 24 to 33 of the G/MA/W/138  
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  Regulations on Registers, Import and Export Authorizations and Export Certificates for Pesticides, 
Plant Nutrients and Toxic or Hazardous Substances and Materials, published in the Official Journal 
of the Federation of 2 8 December  2004. Such authorizations are to be presented together wit h the 
corresponding customs declaration.  
 
http://www.siicex.gob.mx/portalSiicex/SICETECA/Acuerdos/Regulaciones/CICLOPLAFEST/Original
%2012042013.pdf  
 
o No. 37, Point-of-entry inspection  for forestry products and by -products.  
Considering the frequency and volume of importation of wildlife specimens, products and 
by-products, it has been determined that the entry and exit inspection points fo r such items shall 
be the inspectorates of the SEMARNAT ( Ministry of the Environment and Natural Resources)  
Federal Environmental Protection Agency  located at land, marit ime, airport and inland 
customs  offices.  
 
Inspection s shall be carried out by staff of  the Federal Environmental Protection Agency assigned 
to each inspectorate located at national territory entry and exit points, in accordance with the 
provisions set out in the relevant SEMARNAT Handbook of Procedures . Permits, certificates and 
authorizati ons issued by the competent SEMARNAT Administrative Units, under the terms of the 
Decision determining the classification and coding of goods whose import is subject to regulation 
by SEMARNAT  (Official Journal of 19/12/2012) , shall specify  the measures and requirements to be 
complied with by the interested parties, in accordance with the provisions of the applicable 
legislation, at the time of import of the goods , and their issuance shall be in accordance with the 
provisions of the SEMARNAT  Federal Register of Formalities and Services . 
 
http://www.dof.gob.mx/nota_detalle.php?codigo=5282813&fecha=19/12/2012  
 
o No. 43, Authorization for products for the diagno sis, treatment, prevention or 
rehabilitation of illnesses in humans, or for laboratory testing  
The Federal Commission for Protection against Health Risks (COFEPRIS) , through the 
Sanitary  Authorization Commission, as well as the competent health authorities  in the federative 
entities, shall issue prior sanitary import authorizations , which in accordance with the General Law 
on Health are in the nature of prior sanitary import permits, for products for the diagnosis, 
treatment, prevention or rehabilitation of  illnesses in humans, or for laboratory testing, to be 
handled under the outright importation, temporary importation or in -bond storage procedure, only 
in cases where  such products : (a) are being imported under the Decree on the promotion of the 
Manufactur ing, Maquila and Export Services Industry (IMMEX) ; (b) constitute a donation ; (c) are 
being imported for the importer's personal use and exceed the free allowance stipulated in the 
customs legislation ; (d) are being imported for use in scientific research or for laboratory or 
experimental use ; or (e) constitute temporary imports to be used in international exhibitions, 
conventions, presentations or congresses, provided that they are in no case intended for 
distribution and/or marketing.  
 
Importers of goods that are listed in the Decision establishing the classification and coding of 
goods and products whose import, export, inward clearance or exit are subject to sanitary 
regulation by the Ministry of Health (Official Journal of 16/10/2012)  shall present, together with 
the customs declaration, the prior sanitary import authorizations . 
 
Prior to importation, importers shall present to COFEPRIS, or, as the case may be, to the 
competent sanitary authorities in the federative entities, the sanit ary import notices indicating the 
tariff heading and its description, together with the trademark and trade name of the products, for 
stamping and immediate return to those concerned.  
 
http://www.dof.gob.mx/nota_detalle.php?codigo=5273184&fecha=16/10/2012  
 
Could Mexico explain on how those procedures could guarantee the protection of 
human , plant or anim al life or health (Art icle XX(b) of the GATT)?  
 
The importation  of products of this type could represent a risk to human, plant or animal life . In 
this regard, the above -described procedures, without being discriminatory in nature, serve to G/MA/W/138  
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  ensure that such operations do not entail any threat to the health or life of humans, animals or 
plants by guaranteeing compliance with the applicable technical provisions , without restricting 
trade  and in a manner that is fully consistent with WTO commitments . For ex ample, the 
procedures applicable to the importation of fertilizers, plant nutrients or plant nutrition inputs, 
during the course of which an inspection is carried out, ensure compliance with the technical and 
other requirements laid down in the applicable legislation, in the interests of ensuring that the 
health and life of humans, animals and plants is not put at risk.  
 
With reference  to Measure No. 13, a non -automatic licence for the exportation of drug 
precursors and chemical substances, could Mexico exp lain the procedures for the 
exporta tion of the concerned products?  
 
In order to improve Mexico's export control system it is necessary to adopt, as a reference, the 
standards established by the Australia Group , which constitute another of the instruments w ithin 
the array of international export control systems that have demonstrated their effectiveness as a 
valuable tool for the implementation and strengthening of the principles on which Mexico 
established its export controls relating to the transfer of facilities and equipment for the 
manufacture of dual use chemical substances and associated technology and IT systems, and also 
dual use biological equipment and associated technology and IT systems.  
 
An interested party downloads, from the page http://www.siicex.gob.mx/portalSiicex , the form 
"Declaration of use and end user" ( Manifestación de uso y usuario final ) and the application form 
for a prior export permit together with the corresponding  requirements in electronic form . The next 
step is to submit the electronic forms to the customer services counter of the Ministry of the 
Economy branch or sub -branch office . The counter official receives the forms and checks them to 
ensure that all of the requisite information has been provided : details of the applicant and legal 
representative, as well as of the end user in the country of destination . Finally, a check is made of 
the details concerning usage and final destination (countries in question, pr oduct descriptions, 
export control number, tariff heading).  
 
The Ministry of the Economy decide s on each application within a period not exceeding 15 working 
days from the date of its submission . The period of validity of su ch a prior export permit is 
one year. It may be extended for a period equal to that initially authorized, subject to there being 
no change in the authorization criteria.  
 
http://www.siicex.gob.mx/portalSiicex/CONTROL%20DE%20EXPORTACIONES/PROCEDIMIENTOS/
Procedimiento%20para%20la%20obtencion%20de%20permiso%20previo.pdf  
 
http://www.dof.gob.mx/nota_detalle.php?codigo=5273961&fecha=22/10/2012  
 
With reference to the Measure No. 47 (a sanitary permit for the importation of tobaccos) 
and to Measure No. 48 (a sanitary authoriz ation for the exportation of medical devises), 
could Mexico clarify whether these measures have been notified to the WTO under the 
SPS Agreement?  
 
Measures 47 and 48 have not been notified to the WTO under the  Agreement on the Application of 
Sanitary and Phytosanitary Measures (SPS  Agreement) since they are not subject to transparency 
obligations under that Agreement.  
 
With reference to the Measure No. 51, a non -automatic licence for the importation of 
fuel and petroleum products, could Mexico justify this measure under WTO rules ? Could 
Mexico submit additional clarification on the procedures needed for the importa tion of 
the affected products?  
 
The Hydrocarbons Law1 provides that, as from 1 January  2015, the Ministry of Energy is 
responsible for regulating and overseeing, as well as  for granting, modifying and revoking permits 
for, the import of hydrocarbons  and petroleum products under the Foreign Trade Law and with the 
support of the Ministry of the Economy.  
                                                
1 Official Journal of 11/08/2014: 
http://www.dof.gob.mx/nota_detalle.php?codigo=5355989&fecha=11/08/2014 . G/MA/W/138  
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  The Ministry of Energy decides on prior export permit applications within 13 days for applications 
submitted through the Digital Window, and within 15 days for those submitted to its central office, 
both periods commencing the day after submission . Should the period expire with no notification 
from the Ministry, the authorization is deemed to have been granted.  
 
Interested parties will find the forms to be submitted and corresponding requirements on the 
Ministry of the Economy website.  
 
The measure is in line with the rights and obligations to which Mexico has committed itself within 
the multilateral legal framework of the WTO, particularly the Agreement on Import Licensing 
Procedures.  
 
https://www. gob.mx/tramites/ficha/permiso -de-importacion -de-hidrocarburos -y-
petroliferos/SENER1519 . 
 
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